Authorised Construction Technician Activity - conditions for obtaining authorisation
1. 5. 2014 | Source: Point of Single Contact (PSC) Czech Republic
The present document sets forth the conditions and further information applying to awarding authorisation for providing the services of an authorised technician.
Upon written application, the Czech Chamber of Authorised Engineers and Technicians (CKAIT) shall award the authorisation to whoever:
- is a citizen of the Czech Republic, or
an EU Member State national, or a national of another country which is a party to the Convention on the European Economic Area or the Confederation of Switzerland (hereinafter referred to as a "Member State") or a member of their family 3a, or a national of a non-Member State provided that they:
- have been granted the legal position of long-term resident in the European Community in the Czech Republic or another Member State 3b
- have been admitted to the Czech Republic for the purposes of scientific research 3c
- have been granted asylum or complementary protection in the Czech Republic, or are a member of family of a person listed under points 1 or 2, provided that they have been permitted a long-term stay 3d in the territory of the Czech Republic or an asylum or subsidiary protection for the purposes of family reunion 3e
- were granted permission to stay in the Czech Republic or another Member State for the purposes of studies, pupil exchange, unremunerated training or voluntary service 3f
- were granted permission to stay in the Czech Republic or another Member State on the grounds of their being a victim of trafficking in human beings or have been the subject of an action to facilitate illegal immigration and co-operate with the competent authorities 3g and
- has full legal capacity
is a person of probity (probity may not be claimed by anyone who has been found guilty of:
- a criminal offence which is essentially related to the pursuit of their professional activity as provided for under the present Act
- any other criminal offence committed deliberately where there is concern that the person applying for the authorisation may commit the same or similar offence in the pursuit of their activity as an authorised entity.)
- has acquired a university education by completing the relevant Bachelors or Masters programmes, or at a secondary institution or a higher vocational institution. Under exceptional circumstances, especially where the applicant has successfully pursued the activity professionally, the Chamber may waive the requirement for the specified academic qualification
- has completed professional experience of at least 3 years, where the applicant possesses the required university education obtained as part of a Masters or Bachelors study programme, and at least five years if the applicant has the required secondary education
- has successfully passed a professional eligibility test
- has sworn the prescribed oath
The Chamber shall allow each applicant who has complied with conditions stipulated under points a) to f) to take the professional eligibility test within six months of receiving a written application.
The Chamber shall allow each applicant for authorisation who has met the conditions stipulated under the points a) to g) to swear the prescribed oath within at most one month of the applicant passing the professional eligibility test.
Obtaining the required qualification for the chosen activity in another Member State
- Guest entity established in the territory of another Member State and pursuing the activity in the Czech Republic on a temporary or occasional basis
- Established entity systematically pursues the chosen activity in the territory of the Czech Republic or operates a business or organisational unit in the territory of the Czech Republic
The request for authorisation shall be submitted by the applicant to the Chamber on a prescribed form that has been legibly and duly completed and which contains the following data (Article 3 of the CKAIT Authorisation Code):
- name and surname, maiden name or former surname
- academic title, scientific or pedagogical title
- birth certificate number or any other identification data, nationality
- permanent address also stating the contact telephone number, fax and email
- contact address, if different from the permanent address
- request for professional designation (authorised engineer, authorised technician, authorised builder)
- field or specialisation of the required authorisation
- completed education indicating the field of study
- a chronological list of completed professional experience
- details regarding any prior application for authorisation
Documents to be added to the request on a mandatory basis:
- original and copy of documentary proof of completed education
- documentary proof of professional experience
- extract from the Criminal Register
- list of selected projects, implemented constructions, published professional papers and publications, acceptable patents
- confirmation of participation in works listed in Annex 4
- description of professional activities undertaken so far
- confirmation of professional activity listed in Annex 6
- documentary proof of full legal capacity
- copy of documentary proof of surname change
Pursuit of the profession by EU nationals
Amendment to Act No. 18/2004 Coll., as amended by Act No. 189/2008 Coll., in association with implementation of Directive 2005 / 36 / EC also amends Act No. 360/1992 Coll.:
Request for registration
In their request for registration applicants shall state:
- the chosen activities they intend to systematically pursue in the territory of the Czech Republic, and
- a mailing address in the territory of the Czech Republic
- professional qualification
- demonstration of probity (where documentary proof must not be older than 3 months)
- a liability insurance policy to cover loss or damage caused in the pursuit of the profession
- payment of the fee for submitting a request for the recognition of professional qualification, amounting to CZK 2,000
Type of licence
- authorisation awarded by the Czech Chamber of Authorised Engineers and Technicians (CKAIT) – authorised technician
- inclusion onto the list of authorised technicians maintained by the Czech Chamber of Authorised Construction Engineers and Technicians
- Czech Chamber of Authorised Engineers and Technicians
Control and supervisory bodies
Czech Chamber of Authorised Engineers and Technicians
- Authorisation Council
- Supervisory Board
Procedure for granting a licence
Persons seeking authorisation shall submit their application to be granted authorisation. The applicant shall be admitted to sit a test of professional eligibility within 6 months of the application being received. Within 1 month of successfully passing the test, the applicant shall receive an invitation to swear the prescribed oath. On the date of taking the oath, they shall be granted the authorisation and included onto the list of authorised technicians and be provided with a certificate of authorisation. In addition, they shall obtain a certificate of insurance from the Czech Chamber of Authorised Construction Engineers and Technicians.
Application clearing deadline
Upon receiving a completed request for authorisation, the Chamber shall allow the applicant to sit the professional eligibility test. Within one month of passing the professional eligibility test, the Chamber shall enable each successful authorisation applicant to swear the prescribed oath. The authorisation shall be granted on the day the prescribed oath is sworn.
Pursuit of the profession by EU nationals
The recognising authority pursuant to Article 24 Paragraph 5 of the Act No. 189/2008 Coll. is obliged to issue a ruling on an established entity without undue delay, at the latest, however, within 60 days of receiving the request for recognition of professional qualification with the submission of all the applicants documents to the materially and locally competent recognising authority.
Where a guest entity meets the conditions stipulated under the Act on Recognising Professional Qualifications, the recognising authority shall include them onto the list of registered entities without undue delay as specified under Article 30r of the Authorisation Act.
As specified under Article 8 Paragraph 7 of the Authorisation Act, the authorisation fee for the professional eligibility test in one or more fields is fixed at CZK 500.
Pursuit of the profession by EU nationals
- The fee for submitting a request for recognition of professional qualification is fixed at CZK 2,000 as specified under Article 30d, Paragraph 3.
Validity period of the licence
The authorisation shall expire in the event of the demise of the authorised person or if the authorised person is declared dead.
The Chamber shall withdraw the authorisation from anyone who:
- has been deprived of their full legal capacity or whose legal capacity has been restricted
- has been administered a disciplinary action consisting in the withdrawal of the authorisation by the Chamber
- has been authorised based on incorrect or incomplete data
- waives the authorisation in writing
The Chamber shall strike off from the list of authorised entities any person that ceases to exist or such whose authorisation has been withdrawn.
The Chamber shall suspend an authorised persons authorisation (Article 11 of the Authorisation Act):
- during their imprisonment to which they have been sentenced for a criminal offence committed in association with pursuit of the profession covered by the authorisation
- during the term of their prohibition to pursue the profession of an authorised person
- during the term of an administrative action whereby their authorisation has been suspended
- where the authorised person has requested suspension in writing
The Chamber may suspend an authorised persons authorisation:
- should criminal action be launched against the authorised entity in association with the pursuit of their profession for a criminal offence, up to the "res judicata" ruling
- should an action be launched regarding their legal capacity, up to "res judicata" ruling concluding such an action
- where the authorised entity has not performed the activity covered by the authorisation for five years, until their professional eligibility has been reviewed as provided for under Article 7, Paragraph (1) (f) of the Authorisation Act
The Chamber shall make an entry in the list of authorised persons on any suspension of authorisation.
An authorised person shall communicate to the Chamber all facts that may affect decision-making on the withdrawal or suspension of the authorisation within 15 days. Negligence shall result in disciplinary action.
Pursuit of the profession by EU nationals
- Established entities – subject to the same rules as entities possessing a Czech authorisation
- Guest entities – the term of the certificate is one year
Combined proceedings (recognising qualifications and granting authorisation)
- Act No. 360/1992 Coll., on the professional practice of certified architects and on the professional practice of certified engineers and technicians active in construction (The Authorisation Act)
Professional liability insurance
- Prior to commencement of the activity and during its entire course, a valid damage liability insurance policy must be held.
- Minimum of CZK 250,000 per insured event
Related legal regulations
- Act No. 183/2006 Coll., on town planning and the building code, as amended
- Decree No. 499/2006 Coll., on construction documentation, as amended in the Decree No. 62/2013 Coll.
- Decree No. 500/2006 Coll., on analytical materials for town planning, town planning documentation and method for filing town-planning activities, as amended in the Decree No. 458/2012 Coll.
- Decree No. 501/2006 Coll., on general land use requirements, as amended
- Decree No. 503/2006 Coll., on more detailed town planning regulation, public contracts and planning measures, as amended in the Decree No. 63/2013 Coll.
- Decree No. 526/2006 Coll., by which some stipulations of the Building Act in matters of the building code are performed, cancelled by the legal regulation č. 63/2013 Coll.
Current Community regulations
- Current Community regulations European Parliament and Council Directive 2005/36/EC of 7 September 2005, on the recognition of professional qualifications
- Articles 39,43 and 49 of the Convention on the European Community