Building Authority for Nuclear Installations

Competence of Building Authority

Nuclear Regulatory Authority of the Slovak Republic (ÚJD SR) pursuant to Act No. 541/2004 Coll. on Peaceful use nuclear energy (Atomic Act) as amended by other acts and in line with Section 4 item 1, letter j) carry out the competence of Building Authority in cases specified in special regulation. A special regulation is the Act No. 50/1976 Coll. on Land use Planning and Building Regulations (Building Act) as amended, where in Section 121 par. 2 letter e) states that: “The Nuclear Regulatory Authority of the Slovak Republic carry out the competence of Building Authority, with the exception of jurisdiction in matters of territorial decision-making and expropriation in constructions of nuclear installations and constructions related to nuclear installations located in the area bounded by the boundaries of a nuclear installation, unless a special regulation * provides otherwise.

*e.g. Atomic Act

The main activities falling within the competence of the Building Authority at the ÚJD SR

Pursuant to Act No. 50/1976 Coll. on Land use Planning and Building Regulations (Building Act) as amended by later regulations of the ÚJD SR:

  • conducts construction proceedings for building authorisations, modifications of buildings and maintenance works, issues building authorisation or opinions on the notification of constructions, modifications and maintenance works (§ 54 to § 70)
  • conducts building approval procedures and issues a building approval decision for buildings that required a building authorisation, authorise preliminary use of buildings, decides on temporary use of the building and authorise modifications in the use of the building (§ 76 to § 85)
  • orders the removal of the building (§ 88)
  • performs state construction supervision (§ 98 to § 104)
  • solves misdemeanours (§ 106)

Pursuant to Act No. 541/2004 Coll. on the Peaceful use of nuclear energy (Atomic Act) as amended by later regulations of the ÚJD SR:

  • issues the permits for siting of a construction of nuclear installation, (§ 5 Use of nuclear energy)
  • issues an authorisation for construction of a nuclear installation (§ 5 Use of nuclear energy)
  • performs state supervision, inspection activity – the building authority performs regular inspections at nuclear installations in accordance with the inspection plan for the current year (§ 31). Subsequently, Section 106 of the Building Act – administrative offenses – may be related to this activity

Pursuant to Act No. 24/2004 Coll. on an Environmental Impact Assessment (EIA Act) and as amended by later regulations of the ÚJD SR:

  • requires pursuant to Section 140c of the Building Act, the opinion of the Ministry of the Environment of the Slovak Republic on construction and building approval proceedings in accordance with Section 38 item 4 letter c) and d)
  • issue opinions on the final opinion or on the decision issued in the screening proceeding

Administrative fees and tariff of administrative fees in the agenda of construction proceedings of the ÚJD SR

Construction proceedings are subject to a fee obligation in accordance with Section 2 of the Act of the National Council of the Slovak Republic No. 145/1995 Coll. on Administrative Fees as amended by later regulations listed in the tariff of administrative fees. The tariff is attached to this Act.

Legislation relating to the construction proceedings within the ÚJD SR competence

Acts:

  • Act No. 541/2004 Coll. on the Peaceful use of nuclear energy (Atomic Act) and on the amendments and supplements to some acts as amended
  • Act No. 50/1976 Coll. on Land use Planning and Building Regulations (Building Act)
  • Act No. 71/1967 Coll. on Administrative Proceedings (Administrative Code) as amended
  • Act No. 24/2004 Coll. on an Environmental Impact Assessment (EIA Act) and as amended by later regulations
  • Act of the National Council of the Slovak Republic No. 145/1995 Coll. on Administrative Fees as amended by later regulations
  • Act of the National Council of the Slovak Republic No. 138/1992 on Authorised Architects and Authorised Civil Engineers as amended
  • Act No. 555/2005 Coll. on the Energy Performance of Buildings and on the amendment of certain laws as amended
  • Act No. 133/2013 Coll. on Construction Products and on amendments to certain acts as amended
  • Slovak National Council Act No. 372/1990 on Infringements as amended
  • Act No. 251/2012 on Energy and amending certain acts as amended
  • Adoption of the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Communication No. 43/2006 of the Ministry of Foreign Affairs of the Slovak Republic)
  • Act No. 211/2000 Coll. on Free Access to Information and on amendments to certain laws (Freedom of Information Act) as amended

Decrees:

  • Decree of the Ministry of the Environment of the Slovak Republic No. 453/2000 Coll. which supplies some provisions of the Building Act
  • Decree of the Ministry of the Environment of the Slovak Republic No. 532/2002 Coll. which lays down details on general technical requirements for construction and on general technical requirements for constructions used by persons with limited mobility and orientation, as amended

Autorizations issuing

Legal and natural persons may use nuclear materials, build, modify or operate nuclear installations (nuclear power plants), decommission nuclear power plants or radioactive waste (RAW) only on the basis of an authorisation or permit issued by the Nuclear Regulatory Authority of the Slovak Republic.
In order to obtain an authorisation, the applicant must prove his ability to comply with and meet all the requirements set by laws and regulations in force in the Slovak Republic. The applicant must further prove that the nuclear power plant will be, resp. is operated or decommissioned safely.
In 2013, an amendment to the Atomic Act No. 143/2013 Coll. the operating authorisation for all nuclear installations was set without a time limit. The operation of a nuclear installation is limited by the result of the periodic nuclear safety assessment, which is carried out every ten years of operation.

Updated: 19.10.2021