Conditions and procedures according to the Liner Civil Works Act
Procedures according to Liner Civil Works Act
Act No. 416/2019 Coll., on Accelerating the Construction of Transport, Water, Energy and Electronic Communications Infrastructure (Liner Civil Works Act), as amended, contains a special regulation to Civil Works Act, which in some respects also applies to the construction of electronic communications networks.
Electronic communications connections up to 100 metres in length do not require a decision on the location of the construction or zoning consent under the Civil Works Act; this does not apply in cases where a binding opinion is required to assess the environmental impact (EIA) of the project under the Environmental Impact Assessment Act.
Civil works completion approval
According to Liner Civil Works Act, the use of an electronic communications infrastructure construction does not require civil works completion approval nor a decision on civil works completion under the Civil Works Act. Within 60 days from the date of commencement of the use of the construction, the builder shall submit to the competent authority location data of the defining point of the construction, documentation of the actual civil works execution (final status), if there were only insignificant deviations from the verified documentation or verified project documentation during its completion, and a geometric plan of the location of the construction.
With effect from 1 January 2021, the term "Co-located Infrastructure" has been incorporated into the Liner Civil Works Act. The co-located infrastructure is an electronic communications infrastructure construction that is placed alongside to either a road or railway structure or to an underground sewer system, power line, public lighting, product line or electronic communications network.
The construction of a co-located infrastructure does not require a zoning permit or zoning consent of the building authority, nor a binding opinion of the historical sites conservation authority, provided that the protective zone of the co-located infrastructure does not exceed the boundary of the protective zone of the main construction in the area of which the co-located infrastructure is attached, and provided that the builder of the co-located infrastructure and the builder of the main construction, to which the co-located infrastructure is to be attached, have concluded an agreement on co-location in which they have agreed on their rights and obligations during the civil works and the subsequent operation of both infrastructures and have determined their mutual location.
The co-located infrastructure is a separate construction that is technically separated from the main construction to which it is attached. The co-located infrastructure shall not be taken into account in proceedings and procedures under the Civil Works Act concerning the main construction to which the extension is attached.
Methodical working tool
Procedures for the preparation, location and permission of civil work concerning electronic communications infrastructures are summarised in a methodological working tool prepared by the Ministry of Industry and Trade in cooperation with the Ministry of Regional Development, CTU and the Professional Public Platform.