The new Czech building law must not endanger the quality of buildings

by   CIJ News iDesk III
2021-05-05   09:35
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The Czech Chamber of Authorized Engineers and Technicians in Construction (ČKAIT) has so far made more than a hundred fundamental comments to the authors of the draft of the new Building Act. Some of ČKAIT's key comments were successfully incorporated into previous versions of the new Building Act. Nevertheless, several key points remain which, after the adoption of the law, could have a negative impact on the quality of constructions carried out in the Czech Republic. ČKAIT introduced some of them to the members of the Economic Committee, which was discussing the last comprehensive amendment so far on April 28. This was already the 149th document related to the recodification of the Building Act. The new building law is due to reach the third reading in the Chamber of Deputies at a meeting on 5 May.

One of the fundamental changes that the new building law should bring is to speed up the permitting process for constructions - from strategic, line ones, to apartment and family houses. ČKAIT has consistently taken the view that acceleration is desirable, but cannot be at the expense of quality. In this spirit Ing. Robert Špalek, Chairman of ČKAIT, appealed to the members of the Economic Committee of the Chamber of Deputies of the Czech Parliament at its last meeting: “The speed with which this fundamental law is created for our field, buildings. And thus their safety or price. "

The concerns of the supreme body of authorized engineers and technicians are also justified because the original proposal and the comprehensive amendment to this key recodification are constantly changing. The latest version is not currently known and will be available to Members for their third reading in the coming days. The resolution of the previous Economic Committee is written in the codes and is not understandable even for the participants in the negotiations, let alone for the other professional public.

Why is mandatory supervision of the designer in the public interest?

Among the key - and not yet fulfilled requirements of ČKAIT - is the need to enact the mandatory supervision of the designer, which is a necessary condition for guaranteeing the quality of construction. And not just those funded by public budgets. "We cannot imagine the preferred housing construction with the absence of designer supervision. It is definitely not in the public interest and it is not safe either, "states Ing. Robert Špalek.

The current interpretation can be summarized: the designer will design the foundations, concrete reinforcement, etc., and does not have the opportunity to check whether everything is done according to his design. However, he is blamed for possible failures and accidents and must defend himself. The authorized person, and not the investor himself or even the office, is the guarantor of a quality construction. "The designer should supervise the compliance of the performed construction with the relevant project documentation, if this has been prepared by an authorized designer. We therefore appeal to deputies and senators to insist on the statutory duty to supervise the designer, "explains Ing. Log. According to him, the legitimacy of this objection is also recognized by some deputies and representatives of the Ministry for Regional Development of the Czech Republic should include it in further updates to amendments to the Building Act.

Why technical regulations should be uniform for the whole Czech Republic

For similar reasons, especially the requirement for quality, transparent preparation and assessment of constructions, ČKAIT insists on a uniform system of building regulations for the entire Czech Republic. The latest version of the comprehensive amendment provided for exceptions for the metropolis (Prague Building Regulations), Brno and Ostrava. According to ČKAIT, however, there is no reason why the construction and technical regulations could not be uniform for the entire republic.

"Since the beginning of work on the new law, the Minister has assured us that the priority of the Ministry of Regional Development is the unification of regulations. What is good in the Prague Building Regulations was to be translated into national regulations. The specific requirements for buildings in the monument zone are the same in Prague as in Český Krumlov. Conversely, why should there be different rules in the Prosek housing estate in Prague than in the Polabina housing estate in Pardubice? Do other people live here or are other building materials and products used? Only this will lead to fragmentation and inconsistency of rules and methodologies and chaos in decision-making, which is in direct conflict with what defined the substantive intent of the law, "is convinced the chairman of ČKAIT Ing. Robert Špalek.

The Chamber proposes that a single system of building technical regulations be created, which will extract the most fundamental and best-functioning regulations from all relevant documents. The result should be codified for the whole Czech Republic. According to ČKAIT, the issue of the location of buildings should remain within the competence of cities and municipalities. "It is not our goal to enter into the debate regarding the jurisdiction of self-government and state administration bodies. We are primarily concerned with maintaining transparent conditions for professional activities for engineers and technicians, but also with employees of the relevant authorities, "concludes the Chairman of ČKAIT, Ing. Robert Špalek.

Source: ČKAIT

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