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Occupancy of buildings and their alterations
Mazáčková, Jana ; Staša, Josef (advisor) ; Svoboda, Petr (referee)
- 1 - Abstract This thesis deals with the Occupancy of buildings and their alterations. To select this theme inspired me the decision to leave home and reconstruction of apartment. The aim of this thesis was to exclusion and describing the problems of practices that lead to the occupancy of buildings. A choice selected institute was targeted because the area governed by the Building Act is very wide. Another aim was to define the differences of the amended provisions. I also considered it important to outline the practice of building offices. The thesis is presented a short introduction. The sources of law are discussed in the first chapter. This chapter is divided into four subchapters and this chapter is dealing with the historical development of legislation, current sources of legislation, the last amendment to the building law and its deficiencies. Content of the second chapter is interpretation of some terms that relate to occupancy of buildings. This is essentially a building, "black" building, change of the completed building, change building before its completed, change in the way of building occupancy and builder. In the third chapter, attention is paid to executors of public administration in the section of the building code. This chapter consists of two subchapters. The first subchapter focuses...
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Alternatives to the regime of permission for construction work
Fikar, Jan ; Staša, Josef (advisor) ; Svoboda, Petr (referee)
The purpose of my thesis is to analyze the legal regulation of the public law contract on realization of the structure, which can be concluded under the Section 116 of the Building Act with the approval of the respective authorities between the building office and the developer and the summary building permit proceedings under the Section 117 of the Building Act, which consists in a concluded contract on making a check of the design documentation for the structure between the developer and an authorized inspector. The main aim of the reform of public administration is among others to democratize and more privatize the building permit proceeding and create the alternatives to the classical building permit proceeding. These alternatives are above mentioned the public law contract on realization of the structure and the summary building permit proceedings. The both institutes are capable to replace the building permit. The other purpose of my thesis is to point out shortcomings in the current legislation in connection with the proposed amendment to the Building Act. The thesis is composed of two extensive chapters, each of them dealing with different alternatives to the classical building proceeding. Chapter One deals with the public law contract on realization of the structure and with the connected...
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Final inspection approval of construction programme de lege lata, de lege ferenda
Hejduk, Martin ; Svoboda, Petr (advisor) ; Petrmichl, Václav (referee)
1 Final inspection approval of construction programme de lege lata, de lege ferenda Abstract This master thesis aims on providing a comprehensive overview of an issue regarding the final inspection approval of construction programme and identification of errors associated with the current legal regulation of final inspection approval by Act No. 225/2017 Coll., and providing de lege ferenda proposals and answering question, whether the process is actually being simplified and accelerated, as declared the explanatory memorandum to the amendment to the Building Act No. 225/2017 Coll. compared to the state before. The master's thesis is composed of six chapters. Chapter one aims on legal sources governing the issue of construction law. The most important legislation concerning the issue is listed. Second chapter determines basic concepts contained in the Building Act associated with final inspection approval, which are necessary for understanding of this master thesis content. These concepts are structure, developer, part of the structure, temporary structure, change of the finished structure, or general conditions for construction. Chapter three contains an analysis of the organization of building offices and selected issues as an authorized inspector and the respective authorities. Fourth chapter, which is...
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Public participation in land-use planning
Dvořák, Adam ; Franková, Martina (referee)
1 Abstract This thesis analyzes and describes legal possibilities, which are given to the public for participation in land-use planning. The aim of this thesis is to reach to conclusion, if the public can, as one of the subjects of land-use planning, play a crucial role in this matter or if her role is rather marginal. The author firstly defines the basic terms as "public" and "land-use planning". Besides, he outlines the issue of the status of environmental associations, which is one of the main topics of this thesis. Subsequently, he categorizes land-use planning tools into conceptional and implementation tools. Further, he continues with basic characteristic of individual tools and their mutual relations. For each tool, he describes its function, content and typical features. In following chapters, author detailly describes and analyzes concrete public possibilities, means and tools for participation in land-use planning. He always doing so in the relation to specific land-use planning tools. The analysis is not limited only to the current state of legislation, but also examines its development since the adoption of the Building Act in 2007. The crucial object of the analysis is the relevant court case law, which is in this thesis detailly described and discussed and which in last few years has undergone...
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Public participation in land-use planning
Dvořák, Adam ; Derlich, Stanislav (advisor) ; Sobotka, Michal (referee)
1 Abstract This thesis analyzes and describes legal possibilities, which are given to the public for participation in land-use planning. The aim of this thesis is to reach to conclusion, if the public can, as one of the subjects of land-use planning, play a crucial role in this matter or if her role is rather marginal. The author firstly defines the basic terms as "public" and "land-use planning". Besides, he outlines the issue of the status of environmental associations, which is one of the main topics of this thesis. Subsequently, he categorizes land-use planning tools into conceptional and implementation tools. Further, he continues with basic characteristic of individual tools and their mutual relations. For each tool, he describes its function, content and typical features. In following chapters, author detailly describes and analyzes concrete public possibilities, means and tools for participation in land-use planning. He always doing so in the relation to specific land-use planning tools. The analysis is not limited only to the current state of legislation, but also examines its development since the adoption of the Building Act in 2007. The crucial object of the analysis is the relevant court case law, which is in this thesis detailly described and discussed and which in last few years has undergone...
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Public participation in decisions making related to the environment protection
Němeček, David ; Franková, Martina (advisor) ; Derlich, Stanislav (referee)
5 Public participation on the decision-making procedure regarding the environment protection is a very important aspect within the building-permitting process. In this thesis, I focus particularly on the public participation in the form of associations through the entire permitting procedure of the structures. The desired goal of this thesis is to analyse the current Czech legislation including with a preview to the international legislation regarding the two fundamental rights: right to information and right to participation. I analyse the actual state of the association participation within the procedure using the relevant case-law. Above all, I aim to the comparison of the current need of such extensive rights to participation against the preservation of the interest of the environment protection and public monitoring function which is definitely important within any procedure. Finally, I am reaching the opinion that the structure-permitting procedure is unnecessarily complicated which can't be a benefit for the public nor the investors. In my opinion, the entire procedure should greatly simplify and the cooperation between the public and the investors should be carried out in a different manner.
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Occupancy of buildings and their alterations
Mazáčková, Jana ; Staša, Josef (advisor) ; Svoboda, Petr (referee)
- 1 - Abstract This thesis deals with the Occupancy of buildings and their alterations. To select this theme inspired me the decision to leave home and reconstruction of apartment. The aim of this thesis was to exclusion and describing the problems of practices that lead to the occupancy of buildings. A choice selected institute was targeted because the area governed by the Building Act is very wide. Another aim was to define the differences of the amended provisions. I also considered it important to outline the practice of building offices. The thesis is presented a short introduction. The sources of law are discussed in the first chapter. This chapter is divided into four subchapters and this chapter is dealing with the historical development of legislation, current sources of legislation, the last amendment to the building law and its deficiencies. Content of the second chapter is interpretation of some terms that relate to occupancy of buildings. This is essentially a building, "black" building, change of the completed building, change building before its completed, change in the way of building occupancy and builder. In the third chapter, attention is paid to executors of public administration in the section of the building code. This chapter consists of two subchapters. The first subchapter focuses...
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Alternatives to the regime of permission for construction work
Fikar, Jan ; Staša, Josef (advisor) ; Svoboda, Petr (referee)
The purpose of my thesis is to analyze the legal regulation of the public law contract on realization of the structure, which can be concluded under the Section 116 of the Building Act with the approval of the respective authorities between the building office and the developer and the summary building permit proceedings under the Section 117 of the Building Act, which consists in a concluded contract on making a check of the design documentation for the structure between the developer and an authorized inspector. The main aim of the reform of public administration is among others to democratize and more privatize the building permit proceeding and create the alternatives to the classical building permit proceeding. These alternatives are above mentioned the public law contract on realization of the structure and the summary building permit proceedings. The both institutes are capable to replace the building permit. The other purpose of my thesis is to point out shortcomings in the current legislation in connection with the proposed amendment to the Building Act. The thesis is composed of two extensive chapters, each of them dealing with different alternatives to the classical building proceeding. Chapter One deals with the public law contract on realization of the structure and with the connected...
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