Act LXXVIII of 1997

on the Formation and Protection of the Built Environment

With respect to the fundamental requirements, instruments, and rights and obligations related to the formation and
protection of the built environment, as well as the associated responsibilities, jurisdictions and regulatory spheres of
competence, based on Subsection (2) of Section 70/D. of the Constitution of the Republic of Hungary and on Act
LIII of 1995 on the General Regulations of Environmental Protection, Parliament hereby passes the following Act:

Chapter I

GENERAL PROVISIONS

Scope of the Act

Section 1.

(1) With regard to the formation and protection of the built environment, this Act shall apply to:
a) the regulation of areas of settlements (hereinafter referred to as „zoning”),
b) the establishment of the guidelines for zoning (hereinafter referred to as „settlement planning”),
c) the drafting of building codes and regulations pertaining to buildings, engineering works (hereinafter jointly
referred to as „structures”), and to construction works and activities,
d) the architectural and engineering planning of structures (hereinafter referred to as „architectural and engineering
planning”),
e) the construction of structures,
f) the establishment of quality requirements for building products, materials, structures, equipment and methods,
g) the aesthetic and human-oriented design of the built environment, and the protection of architectural heritage,
h) responsibilities related to public open spaces of settlements,
i) research activities, technical improvements and application of the results of the activities falling under the scope
of Paragraphs a)-h),
j) responsibilities, jurisdictions and regulatory spheres of competence in connection with Paragraphs a)-i), and
k) the establishment of regulations for the provisions of Paragraphs a)-j), supervision of the observation and the
enforcement of such regulations (hereinafter jointly referred to as „construction regulation”).
(2) With regard to unique types of structures, protected buildings and areas of historical value, this Act shall be
applied in conjunction with the applicable and relevant laws and Government Decrees, and with the supplements and
deviations contained therein.

Definitions

Section 2.

For the purposes of this Act:

1. Accessible: the built environment shall be considered accessible if convenient, safe and independent use of such
areas is ensured for all persons, including handicapped persons or groups for whom special facilities, equipment or
technical solutions are required.
2. Land zoned for non-development: public open spaces, public rights of way, agricultural areas and forested
areas, or areas for other purposes, within the administrative area of a settlement.
3. Land zoned for development: areas within the administrative area of a settlement which are built-up or are
designated for construction purposes.
4. Central area: a designated area within a settlement which is typically established through the course of history,
is primarily contiguous and is already built-up or is designated for construction purposes.
5. Built environment: the built-up (man-made) portion or specific portion of the environment which is the result of
intentional construction work implemented primarily for establishing living conditions for individuals or a
community.
6. Building lot: shall mean a parcel of land zoned for development and created in compliance with the applicable
building regulations with direct access - without any injury to green areas or agricultural land - from the adjacent
public area designed for use by motor vehicles, or from a private road that is registered under its own topographical
lot number as a road and that is not closed from the public.
7. Construction area: a lot or group of lots for the construction of linear-type structures.
8. Structure: shall mean all fixed-location engineering works or the outcome of building works, or assembled
works using prefabricated components, and that alters the land or the body of water on or in which it stands, and/or
subsoil beneath or the air space above, regardless of the purpose, structural design, material, degree of completion or
size of such object(s). Basic engineering and technical fixtures installed to serve the safe and reliable operation of
buildings shall be considered to comprise an integral part of the structure in question (structure is a collective term
for buildings and engineering fixtures).
9. Public building: buildings or building sections,
- that function to service the settlement or part of the settlement, and
- the use of which is not or cannot be restricted (i. e. institutions for primary, secondary and higher education,
health-care, medical, social, cultural, sports, financial, commerce, insurance and service buildings, and the sections
of such which are open to all), furthermore,
- the use of which is obligatory or unavoidable in specific instances (i. e. the sections of government and judiciary
buildings which are open to the public), and
- which are designated for public use by law.
10. Building: shall mean any built structure whose primary purpose is to provide shelter, consisting of walls and
roof confining, in part or in whole, an area or a room or any combination of such for a specific purpose or an activity
relating to that purpose, or to provide facilities for regular work activities or for storage.
11. Local building code: a local government decree establishing and ensuring building regulations in accordance
with local characteristics.
12.
13. Public area: all tracts of land owned by the state or by local governments, that may be used for their intended
purpose by the general public, and are registered as such in the real estate register. With regard to portions of other
real properties surrendered for public use, the provisions on public area shall be applied within the scope of the
relevant agreement concluded. In particular, the purpose of public areas is to provide space for traffic (roads,
squares), recreational and memorial areas (parks, public statues, etc.) and public utilities.
14. Undeveloped area: areas not classified as central areas in a settlement, which are used primarily for
agriculture, forestry or other special purposes (such as mining, water channel or waste disposal).
15. Engineering works: all types of structures, which are not regarded as buildings and which do not exhibit
functions typical to buildings (i. e. roads, bridges, towers, telecommunications and broadcasting structures,
engineering structures for the storage of gas, liquid and bulk materials, and linear structures).
16. Local government (county or settlement) chief architect: a person with an appropriate diploma of higher
education who is in charge of the preparation of the local government’s decisions regarding regional development
and zoning, as well as its construction regulation responsibilities prescribed in this Act.
17. Municipal development resolution: a development resolution for the purpose of advancing local interests,
based on a settlement’s natural characteristics and its economic, social, public health and financial aspects, which
defines the settlement’s fundamental development opportunities and directions.
18. Special structure: shall mean structures, typically other than buildings, used for transportation,
telecommunications, public utility and energy supply, water supply and water management, as well as structures
associated with mining operations and the use of atomic energy, and the structures designed and intended for defense
and military and national security purposes, some consisting of special technical solutions (engineering structures),
whose construction is subject to ancillary requirements - to be established and satisfied apart from the overall criteria
laid down in town planning and building regulations pertaining to building structures - which may be diverse and
unique and which may apply only to structures of specific functions.
 19. Comprehensive zoning map: a general zoning plan for Budapest graphically depicting the comprehensive
building regulations for Budapest, establishing the general requirements for utilization of and building on the areas
within the administrative boundaries of Budapest and for the protection of the natural, scenic and man-made
resources, and environmental elements.
20. Zoning map: a general zoning plan graphically depicting the building regulations applicable within the
administrative area of a settlement, establishing the general requirements for the utilization of and building on the
areas within a settlement and for the protection of the natural, scenic and man-made resources, and environmental
elements.
21. Lot: a parcel of land registered under one topographical lot number.
22. Redistribution: the merger of groups of adjacent lots and simultaneous subdivision into new lots for the
purposes specified in the local building code and in the general zoning plan.
23. Assemblage: combining of two or more immediately adjacent lots.
24. Subdivision: the division of a tract of land into several lots.
25. Rearranging property lines: alteration of common boundary lines of immediately adjacent lots.
26. Block: a group of lots surrounded on all sides by public areas or in part by other areas zoned for non-
development.
27. Local development strategy: shall mean a document, approved by the local government by way of a resolution,
outlining a coherent development concept providing the basis for town planning policies, comprising the decisions
adopted by the local government concerning future developments proposed for the administrative area of the
municipality. The development strategy is, in principle, a document containing municipal policy issues, contrived in
consideration of the local environment, natural and man-made, and also with a view to social, economic, and ambient
conditions.
28. General zoning plan: the structural plan, the comprehensive zoning map and the zoning map.
29. Structural plan: a general zoning plan outlining the options and guidelines for the formation and protection of
the built environment, thus accordingly, the utilization method of lots and the construction and design of technical
infrastructure elements determining the structure of the settlement and necessary for the functioning thereof.
30.
31. Unit of biological activity: shall mean a value indicating the impact caused by the most common type of
vegetation of an area to the ecological condition of the municipality and the health of the population.
32. Architectural value: shall mean anything of tangible or intangible value from an architectural (historical,
artistic, technical-scientific) standpoint to be found in a man-made environment, that is capable of carrying the
expression of society - including local communities - in terms of identity and creativity.
33. Architectural heritage: shall mean the entirety of the constituents of a man-made environment with
architectural value (structure, building complex, landscape and garden works), including all built-in components,
accessories and fixtures.
34. Comprehensive building regulations of Budapest: shall mean a building code the Municipal Government of
Budapest has adopted for laying down the general requirements for the utilization and development of areas within
the city-limits of Budapest - without covering all aspects of lot formation and legal requirements - and on the
protection of natural, landscape and man-made assets and environmental elements.
35. Zoning plan: shall mean a plan containing boundaries of building zones and belts indicated in the local
building code - on a copy of the municipality’s real estate map - and comprising an integral part of the regulations.

General requirements

Section 3.

(1) The formation and protection of the built environment shall be achieved:
a) on the basis of general zoning plans and architectural and engineering plans conforming to legal regulations,
b) in conformity with the architectural, engineering, safety, health, utilization, and environmental protection and
natural conservation requirements prescribed by legal regulations,
c) with due consideration of the human environment and aesthetic design, and furthermore
d) in cooperation between the participants, such as developers, architects, planners and contractors.
(2) In developing and protecting the built environment and prior to measures and decisions passed in the public
interest, or during the execution of such, public participation and the opportunity for community inspection shall be
provided as defined in this Act and in separate legal regulations. The natural and legal persons and unincorporated
entities concerned shall be adequately informed and provided a forum to express their opinions and to present their
proposals.

State responsibilities in construction regulation

Section 4.

(1) Central guidance, coordination and supervision of construction regulation, and with respect to zoning, the
definition of relevant national regulations and public requirements, is a responsibility of the State.
(2)
(3) In the interest of attending to the central responsibilities of construction regulation specified in Subsection (1),
the Government shall:
a) enact and continuously update legal regulations, in accordance with international standards, to ensure organized
planning and protection of the built environment,
b) manage the institutional framework for building authorities and the construction regulatory authorities,
c) attend to state responsibilities arising from international treaties,
d) facilitate and implement national research and technical development programs.
(4) The Government shall govern the building and construction industry through the Minister in charge of building
and construction (hereinafter referred to as ‘Minister’).

Section 5.

(1) The Minister, as part of his central guidance, coordination and supervisory responsibilities, shall:
a)
b) according to specific other legislation:
ba) coordinate the activities of building authorities and construction regulatory authorities;
bb) supervise the administrative activities of building authorities and construction regulatory authorities, and other
bodies vested with administrative duties in the construction industry and, within the framework thereof, arrange for
regular on-site inspections concerning the operations of these bodies for technical aspects and for the enforcement of
the relevant legal regulations;
c)
d) promote - in cooperation with the minister in charge of cultural affairs and the minister in charge of nature
preservation - the preservation, improvement and protection of architectural heritage and, within the framework
thereof, establish and operate national research, development and educational programs;
e) partake in laying down the objectives for training and education relating to the building industry, and shall
exercise the right of initiative, consulting and consent in the preparation of the relevant ministerial decrees;
f) coordinate, organize and supervise the procedures for drawing up regulations relating to building and
construction based on the proposals from the ministers in charge of historic monuments and special structures, the
trade associations concerned in building and construction, and the relevant institution of higher learning and
vocational schools.
(2)-(3)
(4) With a view to the preservation of architectural values and the implementation of the duties listed under
Subsection (5) - within the framework laid down in a government decree:
a) central and regional planning boards for town and country planning, and architectural and engineering planning
boards, and
b) local architectural and engineering planning boards
shall be set up.
(5) The responsibilities of planning boards shall include, among others:
a) to promote the enforcement of integration where the necessary means for town and country planning are lacking
or the legal background is insufficient; and
b) the protection of community surroundings, landscape and townscape;
c) the development and protection of architectural attributes and landmarks, preservation of unique local features;
and
 d) the protection of architectural heritage and architectural values (architectural distinction)
in accordance with specific other legislation; and
e) to ensure that town and country planning and architectural and engineering plans are prepared according to
professional standards and in high quality,
in accordance with specific other legislation, and to promote the implementation of other key issues relating to the
construction industry (town and country planning, architectural and engineering, townscape objectives,
environmental planning, unobstructed access in the man-made environment, etc.).

Local government responsibilities in construction regulation

Section 6.

(1) The responsibilities of local governments (or districts in Budapest) in construction regulation shall include:
a) attending to zoning-related responsibilities, in Budapest with due consideration of the general metropolitan
regulations and the comprehensive zoning map, within the framework of applicable legal regulations,
b) aesthetically pleasing, human-oriented design of the built environment, and the protection of local architectural
heritage,
c) providing the financial and personnel background necessary for attending to local responsibilities of
construction regulation.
(2) The construction regulation responsibilities of the local government of Budapest and its organs, with respect to
the area of all districts within the city shall include:
a) establishing general building regulations,
b) approval of the comprehensive zoning map,
c) attending to the scope of responsibilities specified in Paragraphs b)-c) of Subsection (1).
(3) The local governments of settlements and their organs and in Budapest, the Municipal Government and the
local governments of the districts, shall, in accordance with their respective scopes of authority as defined in separate
legal regulations, attend to their zoning responsibilities:
a) by establishing local building codes and by having the general zoning plans prepared and approved,
furthermore
b) by the application of special legal institutions defined in Section 17.
(4) If necessary in the national interest, the local governments of settlements may be required by law to have the
local building code and the general zoning plans prepared, reviewed, amended and established or approved by a
prescribed deadline. In this case the Government shall provide the necessary funding from the account allocated in
the central budget for this purpose.
(5) The construction regulation responsibilities of county-level local governments and its organs are, in particular:
a) to assist in coordinating general zoning plans and county regional planning policy,
b) the formation and protection of natural, scenic and the built environment, affecting several settlements and
influencing the overall image of the county, and providing assistance to the local governments of settlements in their
activities in this regard.
(6) With the exception of such falling under the scope of the building authority, decisions of local governments
concerning construction regulation shall be prepared by the local government (county or settlement) chief architect
(hereinafter referred to as „chief architect”) with the professional background prescribed by law.
(7) Local governments of communities may set up planning boards - headed by the chief architect - to attend to
their respective regulatory duties. The bylaws of such planning boards shall be resolved by decree of the local
governments, within the scope of the relevant legal regulation.

Chapter II

ZONING

Objectives, responsibilities and instruments of zoning

 Section 7.

(1) The objective of zoning is to outline the utilization of areas and the infrastructure network within settlements,
to regulate local building policy, to develop and protect natural, scenic and man-made resources, and furthermore to
harmonize national, regional, local and legitimate private interests, to provide solutions in cases of dispute and to
assist in the low-impact utilization of resources.
(2) In establishing the local regulations on the utilization of and building on the settlement’s areas and lots, the
responsibility of zoning is to:
a) define the spatial and physical framework for coordinated and orderly improvement of the settlement;
b) improve the settlement’s functionality by effectively utilizing its characteristics and available potential, while
reducing environmental damage to a minimum;
c) ensure protection of characteristic, valuable settlement structures, the built environment, and of the architectural
and natural look of the settlement (neighborhoods) which is worth preserving.
(3) Instruments for zoning are:
a) the local development strategy established by a resolution of the representative body of the settlement’s local
government (Point 27 of Section 2);
b) the structural plan which is drafted, and established by resolution, by the representative body of the settlement’s
local government, with due consideration of the municipal development resolution (Point 28 of Section 2);
c) the local building code and the zoning map which is prepared, and established by decree, by the representative
body of the settlement’s local government based on the structural plan (Points 11 and 20 of Section 2).

Section 8.

(1) In the process of town planning it must be ascertained that it will not bring about any negative changes in the
living conditions, the values and social situation of the local population affected. Accordingly, areas shall be used to
best accommodate public interests with due consideration of legitimate private interests, and to ensure human-
oriented design and ongoing protection of the built environment. This shall be accomplished taking into account:
a) the general requirements of healthy living and working conditions and the safety of the population;
b) demographic developments in terms of population and the housing needs of the people;
c) the physical, moral and spiritual needs of the population, with particular emphasis on the needs of families, the
youth, the elderly and people with disabilities, on education, sports, recreational activities and on the operating
conditions of non-governmental organizations and churches;
d) the protection, renovation or further improvement of historically or visually important town districts and of the
architectural heritage, and the preservation of the view (overview) of valuable structures and landscapes and the
panorama afforded by the properties, to the extent as not to impede developments on the lots concerned within
statutory provisions;
e) protection of the common interests of environmental protection and nature preservation, utilization of the
countryside and shaping the landscape, with special emphasis on the protection of water, air, soil, climate and the
fauna and flora.
f) the economic interests ensuring the livelihood of the population, the aspects of job safety and the addition of
new jobs, furthermore, of agricultural and forestry activities, transportation, postal services and communications,
public utilities, in particular the provision of energy, water, waste removal and disposal, sewage disposal and
treatment and raw material resources;
g) defense, national security and disaster relief considerations;
h) prudent management of areas and arable land;
i) the provision of protection and assistance for the utilization of natural reserves beneficial for medical purposes;
j) the reduction of traffic (commuting to work, transportation routes to and from raw material extraction points and
processing facilities) and an appropriate traffic regulation policy.
(2) With a view to the implementation of what is contained in Subsection (1) - in particular concerning
environmental protection and nature preservation, the protection of forests and natural water bodies (surface waters
and groundwaters), flood protection, and the prudent management of areas and arable land, the following
requirements shall be satisfied:
a) in the process of planning and development of communities, rainwaters shall be gathered and kept within the
administrative limits of the community, or shall be properly discharged and safely disposed of in consideration of
existing conditions and possibilities;
b) the unit of biological activity - calculated in accordance with specific other legislation - of the administrative
area of the municipality may not be reduced upon the designation of new land for development in comparison to the
unit of activity before the reassignment;
c) the land area of municipalities zoned for development may be increased only for purposes for which there is no
adequate land in the area already zoned and used for development in the community;
d) the incorporated areas - existing or planned - of communities with a population of 20,000 or more (including if
this population is expected to be achieved), special resorts and spa areas shall - in the absence of any land use
planning provisions to the contrary and where it is physically possible - be surrounded with a minimum 200-meter
wide belt consisting of land zoned for non-development (agricultural land, forest, areas used for transportation and
water management), and this area may only be used for the purposes of transportation, public utilities,
communications and water and flood control structures. Land may be incorporated and new areas may be zoned for
development in a district suitable for not more than ten thousand people (or in sections of resorts and spa areas
blending in with the original scenery) if surrounded by a belt consisting of similar land zoned for non-development.
The belt situated between two communities may traverse in due consideration of ambient conditions and
environmental protection regulations.

General regulations for zoning

Section 9.

(1) The local building code and general zoning plans shall be prepared with due consideration of the professional
standards for zoning and with the application of the terms and symbols defined in separate legal regulations.
(2) Before any town planning instrument is contrived, the area subject to zoning shall be specifically designated,
and the general purpose and the presumed impact of zoning shall be made known in order to allow the parties
concerned to express their opinion and any recommendation they may have. In this process:
a) the population, organizations and representative bodies concerned shall be given the opportunity to express
their opinions, and to this end the parties concerned are to be notified of the decision to adopt the town planning
instrument in question;
b) administrative organs and bodies of the community’s local government shall be included in the preparations in
order to provide a forum for such bodies to present, in writing, their key plans and actions concerning the
community’s development and building scheme within thirty days of receipt of notice, along with the timetable for
such actions, and the legal requirements concerning the issues within their competence.
(3) The mayor (first mayor) shall present the general zoning plan and local building code under preparation to the
planning board referred to in Subsection (4) of Section 5 in accordance with specific other legislation for assessment.
Prior to the establishment and approval of the prepared local building codes and general zoning plans, the mayor
(first mayor) shall request the opinion of the public administration bodies specified in specific other legislation, at the
bodies of the local government and representative bodies concerned and at non-governmental organizations, which
may issue a written opinion on the subject within forty-five days.
(4) In the interest of settling contradictory opinions, the mayor (first mayor) shall hold a conference to which all
parties involved in the assessment procedure are to be invited, with the date and place indicated, at least 8 days in
advance. Minutes of the conference shall be prepared and shall include all opinions which are approved or are not
approved, along with the relevant explanations.
(5) Parties which did not issue a written opinion statement during the procedure and did not participate in the
conference shall be regarded as non-objecting parties.
(6) After the conclusion of the opinion statement procedure, the mayor (first mayor) shall publish the town
planning instruments prior to establishment and approval, along with the opinions received according to Subsections
(3)-(4) - yet non-approved - and the explanations therefor, for a period of no less than one month in the fashion
locally accepted, allowing the parties concerned to contribute their comments during the aforementioned period,
furthermore
a) regulations and plans prepared simultaneously for the whole of Budapest, a district of Budapest, and the
administrative territory of towns of county rank are to be sent for assessment to the Minister and development
strategies shall be sent to the minister in charge of regional development and land use planning via the chief
government architect specified in specific other legislation (hereinafter referred to as “chief government architect”),
b) other regulations and plans for assessment to the chief government architect.
The Minister and the chief government architect shall have ninety and thirty days - of fifteen days in the cases
specified in Section 9/A -, respectively, to produce such assessment; failure to provide an assessment within this
period of time shall be construed as approval. The decision-making body shall be notified of the assessment.
(7) The town planning instrument may not be approved without the assessment procedures prescribed in
Subsections (2)-(6).
(8) When approved, the mayor (first mayor) shall forward the local building code and the general zoning plan, or
the relevant section(s) or extracts of such, to the parties participating in the assessment procedure, and shall send the
documentation to the national documentation center as prescribed in a separate legal regulation.
(9) The relevant public administration bodies shall enforce the provisions of the local building code and the zoning
ordinance in force in proceedings falling under their scope of authority. The provisions of Subsections (1)-(9) shall
also be applied - with the exceptions set out in Subsection (10) - in the event of any changes in the town planning
instrument.
(10) The provisions of Subsections (2)-(7) shall not apply:
a) in connection with town planning instruments,
aa) pertaining to abolishing any of its stipulation or direction that may be contradictory to any higher level
statutes, or
ab) pertaining to amending or abolishing any of its stipulation that falls outside the scope of town planning, and/or
b) for the termination of local protection as specified in Subsection (4) of Section 57 of the BEA.
(11) When preparing the town planning instruments, the provisions of the approved national and regional planning
policy pertaining to the settlement shall be taken into consideration.
(12) The notary shall send the local building codes and general zoning plans, including all supporting documents
and the minutes taken according to specific other legislation when they were adopted, also the documents of the
assessment procedure and the opinions of the chief government architect and the Minister, to the administrative
authority within fifteen days after they were adopted by the local representative body.

Section 9/A.

In connection with the amendment of any town planning instrument the assessment prescribed under Subsection
(3) of Section 9 may be disregarded if:
a) the amendment
aa) does not concern the community’s main infrastructure network, principal scheme of landscaped areas,
morphology, or the protection of natural resources and cultural heritage, and it does not increase the intensity of use,
ab) does not result in any changes in land use patterns, and
ac) has already been prepared in detail for the assessment referred to in Subsection (2) of Section 9 and the
assessment has also been completed, or
b) the amendment pertains to the correction of some typing or calculation error.

Structural plan

Section 10.

(1) The purpose of the structural plan is to determine the possible ways for the community’s layout and protection
and its direction of development, the consequent utilization method for specific land areas and the construction and
system of engineering infrastructure elements determining the structure of and necessary for, the functioning of the
community, while taking into consideration the national and regional interests and the basic rights and the zoning
ordinances of neighboring or otherwise interested communities, and improving or at least maintaining the status of
the environment.
(2) The community’s local government shall review the structural plan at no less than ten-year intervals and, if
necessary, shall have the plan amended or have a new plan prepared. As part of this review the local government
shall consolidate the plan with the amendments adopted during the previous ten-year period incorporated.
(3) In addition to what is contained in Section 9, the structural plans shall be discussed with the competent county
government and the local governments of neighboring communities (in the case of Budapest with the City Council of
Budapest and with the local governments of the adjacent districts). The structural plan of Budapest has to be
discussed with the district local governments as well.
(4) The documents for requesting preliminary opinion in connection with the amendment of the structural plan
shall contain, in addition to the requirements set out in Subsection (2) of Section 9, the development decision
underlying the amendment and, for information purposes, the local development strategy adopted.

Section 11.

(1) Structural plans shall cover the administrative territory of the community and shall consist of drawings and
written text. The drawings and written text of the structural plan shall comprise an integral part of the resolution by
which they are established. The amendments adopted during the ten-year period between reviews shall be
incorporated into the consolidated plan.
(2) Structural plans are to be indicated on a map in the scale suitable for the size of the community. The structural
plan shall contain an indication of incorporated and unincorporated areas, areas zoned for development and for non-
development, the technical infrastructure networks on which the community’s structure is based (arterial roads,
feeder roads, public utility mains, major components of communications networks), the public parks serving the
entire community or sections of it, protected areas and buffer zones and areas proposed for protection displayed in a
scale adopted to the plan. The structural plan shall also indicate the areas designated for rehabilitation and the areas
proposed for a different function (development).
(3) Within the areas mentioned in Subsection (2), all factors representing potential hazards or having influence on
the area shall be indicated as well. Such factors are subterranean mines (mining areas), registered resources of
minerals, the degree of contamination, flood danger, erosion or landslide, earthquake exposure, areas considered
endangered due to the presence of natural and artificial cavities, areas without sewage and refuse disposal and
sanitation services, and all other factors which are influential regarding the utilization of and building on the area and
are specified by separate legal regulations.

Zoning map

Section 12.

(1) A zoning map may be prepared for the entire administrative area of a settlement or individual areas of a
settlement for at least block-sized sections.
(2) Zoning maps shall be prepared in all of the following cases:
a) for new building areas or areas undergoing major reconstruction (e. g. rehabilitation),
b) for preservation areas requiring special attention due to their natural characteristics, settlement structure,
construction, architectural heritage or functionality (e. g. special resorts, medical facilities, historical sites and areas),
and
c) in all other instances where the enforcement of the local order of construction regulation otherwise requires.
(3) The zoning map must conform to the approved structural plan. If any deviation should be necessary, the
structural plan shall be modified in advance.
(4) The zoning map shall be depicted on a to-scale map containing all the required horizontal, vertical and other
data so that its specifications allow for clear establishment of such data for lots, construction areas and public areas.
(5) The zoning map shall include:
a) the boundaries of central and undeveloped areas (boundary line of the central area),
b) the boundaries of areas whether zoned for development or non-development and the boundaries of sections
(building zones, belts) within such,
c) within the individual sections, the boundaries of public areas and other areas,
d) within public areas, areas designated for various purposes (road, plaza, public park, etc.),
e) within sections not regarded as public areas, information on the design and formation of lots, building lots and
other areas,
f) within the individual sections, protected areas, areas proposed for protection, buffer zones, and structures,
g) infrastructure elements and structures requiring regulation,
h) the boundaries of sections of areas affected by the application of special legal institutions defined in Section 17.
(6) The local building code and the associated zoning map shall be applied together.

Local building code

 Section 13.

(1) The settlement’s local government shall, in accordance with national standards and with the deviations allowed
therein, establish in the local building code all the special local requirements and the rights and obligations related to
the protection of the natural, scenic and man-made resources of the area and to the utilization of and building on the
areas within the administrative area of the settlement for the enforcement of the local building code.
(2) The local building code shall contain at least the following:
a) the boundaries of central and undeveloped areas (boundary line of the central area),
b) the boundaries of land zoned for development and the boundaries of sections within (building zones), the
utilization and development of such, and the relevant conditions and regulations,
c) the break-down of areas zoned for non-development, the boundaries of zones, and the conditions and
regulations of the utilization of and construction on such areas,
d) the conditions and regulations of the utilization of and construction on public areas of various purposes, as well
as
e) the demarcation of and provisions pertaining to local architectural preservation areas
f) protected areas and buffer zones,
g) and areas affected by the application of special legal institutions defined in Section 17.
(3) The zoning ordinance - if prepared - shall comprise an integral part of the local building code.
(4) The local building code may be prepared for the whole of the administrative area of the community, or for
sections of such area in due observation of the provisions of Subsection (5). If the local building code is prepared
separately for sections, any future provisions shall constitute an amendment (supplement) to the original code.
(5) The local building code shall be enacted to include at least block-size areas
a) for new building areas or areas undergoing major reconstruction (e. g. rehabilitation),
b) for the entirety of preservation areas requiring special attention with regard to their natural characteristics,
settlement structure, construction, architectural heritage or functionality (e. g. special resorts, medical facilities,
historical sites and areas), and
c) all other instances where the enforcement of the local order of construction regulation otherwise requires.
(6) The building code shall cover at least a section defined in the structural plan.
(7) In communities with a population of 20,000 or more at the time of planning, if a zoning ordinance is not
annexed to the local building code, the boundaries of the various building zones and belts shall be displayed in the
zoning map.

Special provisions for Budapest

Section 14.

(1) With regard to Budapest, the provisions on local building codes and general zoning plans shall be applied with
the deviations specified in this Section.
(2) The Municipal Government of Budapest shall issue comprehensive building regulations establishing the
general provisions on the utilization of and building on areas within the city-limits of Budapest and on the protection
of natural, scenic and man-made resources, and environmental elements.
(3) The local governments of the districts of Budapest, within the framework of the comprehensive building
regulations of Budapest, shall establish local building codes for the entirety of their respective district. The building
code of a district may cover smaller land sections under agreement between the City of Budapest and the district in
question.
(4) The general zoning plans for Budapest shall include the following:
a) the structural plan of Budapest, approved by the Municipal Government of Budapest,
b) the comprehensive zoning map of Budapest, approved by the Municipal Government of Budapest,
c) the zoning maps of the districts, approved by the district local governments.
(5) The regulatory segments falling under the scope of responsibilities and authority of the Municipal Government
and having an impact on the entirety of the city or several districts thereof shall be established in the comprehensive
zoning map of Budapest, in particular
a) the boundaries of central and undeveloped areas (boundary of the central area),
b) the boundaries of areas zoned for development and for non-development and the boundaries of sections of areas
within such,
c) the boundaries of public areas and other areas necessary for the everyday functions of Budapest,
d) within the public areas owned by the Municipal Government of Budapest, areas designated for various purposes
(roads, plazas, public parks, etc.),
e) protected areas, areas proposed for protection and buffer zones, and structures,
f) infrastructure elements and structures requiring regulation,
g) the boundaries sections of areas affected by the application of special legal institutions.
(6) District zoning maps shall include the regulatory elements contained in the comprehensive zoning map of
Budapest that pertain to the district. If any deviation should be necessary, the comprehensive zoning map of
Budapest shall be modified in advance.
(7) The Municipal Government of Budapest shall introduce, by decree, regulations on the uniform registration of
the city’s development instruments described in Subsections (2)-(4).

Joint planning for several settlements

Section 15.

(1) Local governments of settlements may combine their efforts to carry out their respective zoning
responsibilities. In such a case, the parties involved may enact a joint local building code and a joint general zoning
plan.
(2) Sections of joint local building codes and joint general zoning plans that apply to the individual settlements
shall be established by the representative bodies of the local government of settlements respectively. The mayor of
the settlement appointed by an agreement between the local governments shall organize and conduct the opinion
statement procedure.
(3) With respect to joint local building codes and joint general zoning plans, the provisions of Sections 7-14 shall
be applied mutatis mutandis.

Settlement planning

Section 16.

(1) The drafting of general zoning plans and local building codes shall be subject, in the cases and in the manner
prescribed by law, to:
a) admission into the proper trade register,
b) a diploma of higher education in the relevant field,
c) professional experience, and
d) other requirements
(hereinafter referred to as “entitlement for settlement planning”).
(2) In addition to what is contained in Subsection (1), Hungarian nationals, persons with the right of free
movement and residence granted under Act on Admission and Residence of Persons with the Right of Free
Movement and Residence (hereinafter referred to as ‘persons with the right of free movement and residence’), and
persons who fall under the scope of the Act on the Admission and Residence of Third-Country Nationals may
engage in settlement planning activities subject to the requirements set out in specific other legislation.
(3) Persons involved in settlement planning and in the preparation of the local building code may not use any of
the information acquired during the procedure for other purposes, and may not surrender such data to third parties.
(4) The names of the persons eligible to conduct settlement planning activities shall be listed in a register of
names.
(5) Settlement plans and local building codes must be fixed in Hungarian, including all supporting documents and
those presented for approval.

Section 16/A.

(1) The town planning instrument and its amendment shall be prepared by the local governments of communities
themselves, or by others under a town planning contract.
(2) Town planning contracts shall be governed by the relevant provisions of Act IV of 1959 on the Civil Code of
the Republic of Hungary (hereinafter referred to as “Civil Code”) pertaining to design contracts shall apply with the
exception that:
a) the contract must be concluded in writing;
b) the designer may be assisted by another designer, or may employ a designer specializing in a particular
discipline (subcontractor); and
c) the designer’s fee shall be due - unless otherwise provided for by the parties - at the time of delivery of the
plans.

Special legal institutions ensuring execution of zoning responsibilities

Section 17.

The following special legal institutions shall ensure the execution of zoning responsibilities:
a) legal construction requirements,
b) prohibitions,
c) lot formation,
d) rights of first refusal,
e) expropriation,
f) registration for public roads,
g) road construction and public utility installation contributions,
h) mandatory measures related to zoning,
i) compensation regulations,
j) community development contract.

Legal construction requirements

Section 18.

(1) Construction work may only be performed in accordance with the provisions of the local building code and
zoning map, and in observation of the provisions of this Act and separate legal regulations.
(2) Where no local building code or zoning ordinance has been adopted for a particular area, or if the local
building code or zoning ordinance is insufficient to afford complete guidance in compliance with the provisions set
out in Subsection (2) of Section 13 or with the requirements laid down in other legal regulations adopted for the
implementation of such, construction work and other building activities may only be performed in observation of the
provisions of this Act and other regulations pertaining to building requirements and only if the nature of the proposed
function, the size of the lot arranged, and the extent of construction - built-up ratio and building height -, the
technology used and the proposed function (land use) is in harmony with the existing environment.

Section 19.

(1) Within areas zoned for development a building may only be erected on a building lot.
(2) Within areas zoned for non-development, construction of a new structure or remodeling, expansion or
changing the function of an existing structure shall only be allowed if:
a) it serves the purpose of proper use of the area,
b) it is consistent with public interests, in particular
ba) it does not adversely effect the aspects of protection of the environment’s natural, scenic or architectural
resources,
bb) it does not jeopardize soil and water management,
bc) it does not adversely effect the proper utilization of the area,
bd) adequate access is available or can be provided, furthermore
c) the structures only require an insignificant portion of the relevant area and it is ensured that the structures may
not be alienated separately from the lot, or
d) it is to be used as an ancillary residential building by the party previously utilizing the area and if the conditions
for the continuation of such activities are provided, furthermore if it is built adjacent to existing structures,
e) it is permanently fixed, furthermore, if, pursuant to special environmental protection requirements or due to its
impact on its environment, it cannot be erected in an area zoned for development,
f) it is a community structure or community object.

Prohibitions

Section 20.

(1) In the interest of the implementation of zoning responsibilities and for the prevention of endangerment to
nature and to the environment, modification, lot formation or building prohibitions (hereinafter referred to as
„prohibition”) may be issued regarding the area concerned.
(2) A prohibition shall be limited to the extent and duration absolutely necessary and shall be withdrawn
immediately when the reasons based on which it was issued no longer exist. Review of prohibitions shall be
performed in conjunction with the revision of the local building code and the associated zoning map.
(3) The representative body of the municipal local government (in Budapest the City Council of Budapest or the
representative bodies of district governments) shall notify, via the notary, all parties concerned regarding
prohibitions and restrictions - with the exception of prohibitions on modification - ordered by local government
decree with a view to the fulfillment of zoning responsibilities; notification shall also take place when a prohibition
or restriction is cancelled.
(4) In order to prevent endangerment to nature and the environment - in cases prescribed by law - the
administrative body vested with jurisdiction shall order a prohibition on lot formation and building by way of a
resolution.
The resolution shall be notified, in addition to the clients concerned, to the municipal local government and the
building authority as well.
(5) The aforementioned resolution shall indicate the interest for which the prohibition was imposed, and shall
name the party in the interest of whom it was ordered.
(6) Prohibitions, with the exception those imposed for modification, shall be recorded in the real estate register if
so requested by the issuing authority.
(7) The prohibition shall not apply:
a) to the repair and maintenance of buildings and other construction activities permitted under legal regulations
performed under a building permit if valid at the time the prohibition enters into force;
b) to the continuance of previous activities;
c) to damage prevention or rehabilitation activities regarding structural stability or the protection of life and health,
public safety and private property; and
d) to the building authority’s proceedings for the authorization of any changes in the building permit issued for
construction work according to Paragraph a), if it does not concern general zoning requirements.
e) to military areas and high security military areas.

Section 21.

(1) Where there is an agreement for the adaptation of the local building code and/or the zoning ordinance, the local
government of the community may adopt a decree to ban any modification for the period of preparation of the local
building code and the zoning ordinance, until the entry into force thereof, or for a maximum period of three years.
(2) A prohibition on modification shall expire after three years, unless the local government decree prescribing it
prescribes a shorter period.

Section 22.

(1) In the areas to which the ban on modification applies - with the exception of those cases described in
Subsection (7) of Section 20 - it is prohibited to subdivide lots, build new structures or to remodel, expand or
demolish existing ones, or to implement any other value-increasing changes for which no building permit is required.
 (2) For areas subject to prohibition on construction, no construction related activities are allowed, with the
exception of the following:
a) site preparation work for future purposes,
b) demolition work,
c) construction activities in the interest of protection of architectural heritage, archeology, and conservation of
nature areas and environmental protection,
d) preservation maintenance of existing structures and construction work for the conversion, improvement and
expansion of the area for future purposes, and
e) remodeling of existing residential buildings without producing any new residential dwellings, or one-time
expansion or renovation by no more than 25 m2.

Lot formation

Section 23.

(1) Lots shall be formed in such a way as to suit the proper utilization of the area, and in accordance with legal
regulations and zoning maps with regard to their shape, size, degree of construction density and accessibility.
(2) Subject to the exceptions set out in specific other legislation on expropriation, lots may only be formed in
possession of a final lot formation permit.
(3) A lot formation plan, as prescribed in a separate legal regulation, shall be submitted together with the
application for lot formation.
(4) Preparation of a lot formation plan and the costs thereof shall be paid by the person initiating such formation.

Section 24.

(1) The formation of lots may involve any of the following:

a) redistribution (Point 22 of Section 2),
b) subdivision (Point 24 of Section 2),
c) assemblage (Point 23 of Section 2), and
d) regulation of lot boundaries (Point 25 of Section 2).
(2) In respect of lands which have just been zoned for development, or land planned for major reconstruction (e.
g. rehabilitation), upon approval of the local building code the lots involved shall first be rezoned as a building lot or
lots in compliance with the relevant provisions - as a prerequisite of development - by the assemblage of lots within
block-size area.
(3) The building authority may order the party requesting lot formation to have roads and public utilities installed
or to cover the costs of installation in accordance with the local building code and the zoning map and up to the
extent necessitated by the formation.
(4) With regard to the legal aspects of ownership of lots involved in formation, the provisions of civil law shall be
observed.

Right of first refusal

Section 25.

(1) The settlement’s local government shall have the right of first refusal in respect of properties necessary for the
implementation of zoning objectives defined in the local building code and the zoning map.
(2)
(3) In Budapest, the Municipal Government of Budapest shall have the right of first refusal or the local
government of the district acting, on the basis of the division of responsibilities, as the executor of the zoning
objective.
(4) The local government shall have the right of first refusal defined in Subsections (1)-(3) recorded in the real
estate register. When said right of first refusal is no longer substantiated, the local government shall proceed without
delay to have such canceled from the real estate register.
 (5) The right of first refusal of the local government as set forth in Subsections (1)-(4) shall precede the right of
first refusal stipulated by separate legal regulations or contracts, with the exception of properties situated on nature
preservation areas of national importance and properties of historical value.
(6) Should the local government fail to act upon its right of first refusal within sixty days of the date of request
concerning the exercise thereof, the property in question may be alienated. Such alienation shall have no effect on
the registered right of first refusal.

Expropriation

Section 26.

Properties necessary for the implementation of zoning responsibilities in the public interest may be expropriated in
the cases and by the methods set forth in separate legal regulations.

Registration for service and residential roads

Section 27.

(1) If, according to the local building code, with a view to ascertain better access to or better utilization of the
properties located in the community, the construction of a new service or residential road (hereinafter referred to as
“service road”), or the expansion or improvement of an existing one is required, and if implementation appears most
feasible by the use of certain properties with a view to the proper use of the service road and the adjoining structures
and lands, or if implementation on other landed properties would entail greater harm to the property in question, the
administrative authority shall have powers to seize and appropriate the portion of the land under eminent domain that
is necessary for the service road on behalf of the local government of the community.”;
(2)
(3) Compensation shall be established according to the rules of expropriation and payable for land expropriated for
the purposes of a service road. The amount of compensation shall be determined with a view to the appreciation in
land value for the building lot that may be formed according to regulations resulting from the construction of the
service road and public utilities, even if the service road and the public utilities are not installed directly after taking
possession and subscription. If construction of the access road and the public utilities is not commenced within six
months of taking possession and subscription, and it is not completed within three years, the appreciation in land
value upon which the amount of compensation was established shall be paid after the six-month period, with interest
based on the central bank base rate, within fifteen days. The value appreciation of the lot shall not exceed the value
of the section of the lot seized by subscription.”;
(4) If there is a building or structure or section thereof which has a permit of the building authority, or which is
older than 10 years, on the property to be expropriated for the service road, an expropriation procedure shall be
conducted.
(5)
(6) If only lots situated on the same side are to be subjected to registration for the purpose of construction,
expansion or rerouting of a service road due to technical or other reasons, the local government of the settlement may
order by decree the owners of the lots situated on the other side of the service road to pay a one-off contribution
according the appreciation in the value of their land resulting from the change in the service road.
(7) The full amount of contribution described in Subsection (6) above shall not exceed half of the value of lots
expropriated. The sum established this manner shall be distributed among the owners of the properties not affected
by registration in proportion of the size of their respective properties.
(8) Any public property that has become unnecessary for a service road shall be offered for sale to the owners
involved. If such land was expropriated without compensation, it is to be returned to the original owner, free of
charge.
(9) The provisions of Subsections (1)-(8) shall be applied for local public roads of similar function located in
undeveloped areas.
(10) Other aspects concerning the proceedings of the administrative authority relating to seizure by subscription
shall be governed by the provisions on expropriation.”;
 Road construction and public utility installation contributions

Section 28.

(1) Service roads and public utilities designated in the local building code and the zoning map for areas rezoned
for development and for areas planned for rehabilitation are to be completed before the structures they serve are
occupied. This obligation, unless otherwise ordered by law or an agreement, shall be the responsibility of the
settlement’s local government or, in Budapest of the Municipal Government of Budapest or the local government of
the district of Budapest in accordance with their division of responsibilities.
(2) The costs of the access road or the public utility, if installed by the local government of the community, may be
charged - up to ninety per cent of the costs - to the property owners affected. The local government shall prescribe
the extent of such contribution and the terms of payment by way of a decree. Road construction and public utility
installation contributions may not be levied if the appreciation of the land stemming from the new road and utility
has been taken into consideration for determining the amount of compensation payable for the lot section subscribed
for the purposes of the road and public utility in question.
(3) In Budapest, with regard to the provision defined in Subsection (2), the Municipal Government of Budapest or
the local government of the district of Budapest shall have jurisdiction in accordance with their division of
responsibilities. The Municipal Government of Budapest and the local government of the district of Budapest shall
be entitled to receive the percentage of the contributions in proportion to their share in the costs of the road.
(4) The notary of the municipal local government shall issue a resolution to communicate the obligation of
payment of contribution and the amount payable to the parties affected.

Zoning orders

Section 29.

(1) Within the sphere of zoning orders:

a) construction orders,
b) rehabilitation orders and
c) landscaping orders
may be issued.
(2) In the interest of planned management of lots, the proper order of construction and achievement of a more
favorable settlement appearance, the local government of the community may decree a construction order for the
empty up lots within a prescribed deadline. Should the owner fail to comply with the construction order, the local
government may expropriate the property. A property owner who is unable to comply with the aforementioned
construction order may request the property to be expropriated.
(3) The local government of the community, in the interest of improving the overall settlement appearance, may
decree the buildings which do not comply with the image to be rehabilitated within a specific deadline. The local
government may financially support compliance with the aforementioned order.
(4) The local government of the community, for the development of the environment in the public interest, may
order by decree the landscaping (sod, trees and other plants) of a property in the manner and time period specified. If
fulfillment of this order requires excessive expenditures compared to the proper utilization of the property, the local
government shall reimburse the owner of the property to the extent specified by decree.
(5) The notary of the municipal local government shall issue a resolution to communicate the obligations specified
in Subsections (2)-(4).
(6) Orders issued on the basis of Subsection (5) shall be recorded in the real estate register if so requested by the
notary of the local government affected.

Compensation regulations

Section 30.
 (1) In the event that any change in the original function or mode of utilization of the property is prescribed by the
local building code or zoning ordinance (zoning changes), or if restrictions are imposed (lot formation and building
prohibition), and the owner or beneficiary of the property suffers damage in consequence, the owner or beneficiary
shall be entitled to compensation.
(2) The amount of compensation shall be the difference between the property’s value established in accordance
with its previous function and the new market value resulting from the zoning changes.
(3) If rights deriving from the previous function of the property are modified or terminated within seven years of
the inception of the building rights described in Subsection (1) of Section 13, the owner shall be compensated
according to Subsection (2) above upon request. After seven years compensation shall be paid only for any case of
intervention in the exercise of use and only if the change renders the previous use more burdensome or impossible.
The seven-year period shall commence on 1 March 2000 in connection with local building codes and zoning
ordinances adopted previously.
(4) If the function of a property is determined by the local building code or by the zoning map for a public purpose
to be implemented in the future, which cannot expected to be carried out by the owner, and which restricts ownership
and building rights, the owner may demand that the beneficiary of the public objective or, in the absence of such, the
local government purchase the property. If no purchase agreement is reached within three years of the date of
request, the property shall be expropriated.
(5) Compensation shall not be paid if a prohibition is ordered to prevent damages from natural endangerment or to
protect the owner’s interests, furthermore, in respect of a prohibition on modification, and in the case of use of an
unlawful building or building section. For prohibitions issued for the protection of protected areas, structures or
unique resources, the provisions of the relevant legal regulations shall be observed for payment obligations.
(6) Compensation shall be paid by the party in the interest of whom the restriction was ordered. If the party in the
interest of whom the restriction was ordered has not been specified, the obligation of compensation shall be borne by
the local government of the community. In Budapest the liability for compensation shall fall upon the City of
Budapest and the district local governments affected in the percentage of their concern. If the party in the interest of
whom the provision - in the wake of which any compensation is payable - was adopted is terminated without
succession following the date when the prohibition or restriction was ordered, and if the local government maintains
the provision in question, the liability for compensation shall fall upon the local government.
(7) Compensation claims shall arise at the time when the underlying pecuniary injury is sustained. This date shall
comprise the effective date of the local building code and the zoning map, or the operative date of the resolution
ordering the prohibition or restriction referred to in Subsection (4) of Section 20 of this Act. Compensation shall be
agreed upon between the parties concerned. Where the City of Budapest is involved, the City Council of Budapest
shall forward the request for agreement to the district local government, and vica versa, the district local government
shall forward the request to the City Council of Budapest in writing, within eight days. In this case it shall be
construed as if the applicant had submitted the request to both government bodies. If such parties fail to reach an
agreement within one year from the date when the claim was submitted, a compensation procedure shall be
conducted by the administrative authority, in compliance with the provisions on compensation for expropriation,
with due consideration of the exceptions set forth in this Act. Judgments in compensation cases shall be delivered
within 90 days from the date when the request was submitted.
(8) Decisions of the administrative authority may not be contested through administrative channels; however, the
client may request judicial review of these decisions on the grounds of illegal conduct. Court proceedings initiated in
compensation cases shall also be conducted against the party ordered to pay the compensation. The court shall have
powers to reverse any decisions adopted in compensation matters.
(9) In connection with the proceeding referred to in Subsection (4), the owner and the beneficiary concerned shall
be entitled to compensation in accordance with Subsection (7). Any demand for the purchase of a property under
Subsection (4) shall be construed as lodging a request specified under Subsection (7). If compensation is provided by
way of purchase or expropriation, any compensation paid up to that point shall be deducted from the purchase price.

Community Development Contract

Section 30/A.

(1) With a view to the objectives set out in town planning instruments, the relevant local government may enter
into a community development contract (hereinafter referred to as “Contract”) with the owner of the property
affected, or with the person planning to develop the property (hereinafter referred to collectively as “administrator of
the objective”).
(2) The Contract may, in particular, pertain to:
a) the preparation of town planning activities by the administrator of the objective at his own expense, the
arrangement or alteration of land ownership, cleaning up of the soil, and financing the preparation of the general
zoning plans and the local building code under a prearranged program;
b) the objectives fixed in the general zoning plans and in the local building code; sustaining the use of the land and
the ecological system, supporting and securing the structure of the land while retaining its function and preserving its
size, also if any restriction or conditions applies in terms of time;
c) the covering of costs and other expenses by the administrator of the objective, which are considered a
precondition or consequence of the implementation of the objective, and which are to be borne by the local
government.
(3) The Contract shall be instituted upon the feasibility study prepared by the administrator of the objective. Upon
signature of the Contract the local government shall undertake the commitment to open, at the request of the
administrator of the objective and based upon the feasibility study he has submitted, the town planning procedure
requested within the time limit laid down in the Contract.
(4) The commitments fixed in and/or assumed under the Contract must be directly related to the proposed zoning
objective.
(5) The Contract shall contain provisions for the measures which may be required in connection with the
comments made by the relevant persons participating in the assessment of town planning instruments, as are
prescribed by legal regulation, for the obligation of making the required changes in the town planning instruments,
and for any obligation to conduct an assessment procedure if one is necessary on account of the changes.

Chapter III

CONSTRUCTION REGULATION

General requirements for structures

Section 31.

(1) In designating the site of a structure the following aspects shall be ensured:
a) proper and safe utilization of the structure and the adjacent properties and structures,
b) that the structure can be approached by public service vehicles (fire engine, ambulance, etc.),
c) special requirements and interests of environmental protection and conservation of nature areas,
d) with regard to public buildings, safe, unobstructed access for all visitors,
e) proper utilization of the lot.
(2) During construction, expansion, renovation, remodeling, improvement or rehabilitation of buildings and their
sections (independent unit), national building standards and requirements shall be enforced, in particular:
a)-b)
c) mechanical endurance and stability,
d) fire safety,
e) public hygiene, health and environmental protection,
f) safe usage,
g) noise and vibration protection,
h) energy conservation and thermal insulation,
i) physical safety and for disaster relief considerations.
(3) An exemption permit for the observation of national building standards and requirements may be issued in the
cases and manner specified in separate legal regulations.
(4) During construction, renovation, remodeling, expansion, rehabilitation or improvement of buildings and their
sections (independent units) the following shall be ensured:
a) ability to carry out regular maintenance,
 b) that the environmental impact of the proper use of the structure does not exceed the limits prescribed for the
location, and
c) safe and unobstructed access for all visitors of public buildings.
d) conformity with the land’s geological, hydrological and seismological attributes.
(5) In the process of siting and positioning a building, and also in connection with its design, remodeling,
expansion, renovation, rehabilitation where the building’s exterior is concerned special attention must be afforded for
the protection of landscape and townscape, development and architectural attributes and landmarks, preservation of
unique local features, and for the protection of architectural heritage and architectural values.

Architectural and Engineering Planning and Building Inspection Activities

Section 32.

(1) 'Architectural and engineering planning activity' means the adaptation of architectural and engineering plans -
including other similar and related activities defined in specific other legislation - made in conformity with the
content requirements and to the extent specified by law for the construction, remodeling, expansion, renovation,
rehabilitation, improvement, demolition, and relocation of a structure or a section thereof or a group of buildings, and
for modification of the function of such that involves construction.
(2) 'Building inspection activity' means the inspection and professional assessment of technical features in
connection with any building process and the protection of the resulting structures, and to provide an expert opinion
in the event of any debate; the exposing of any defects and damages, as well as the reasons behind them; and the
preparation an expert opinion in connection with these, including other similar and related activities defined in
specific other legislation.
(3) Engaging in architectural and engineering planning and building inspection activities shall be subject to
entitlement for planning and inspection activities that may be granted upon admission into the proper trade register in
accordance with the provisions contained in Subsection (6) and in specific other legislation (hereinafter referred to as
“authorization for planning and inspection activities”). Admission into the trade register is subject to:
a) a diploma of higher education in the relevant field;
b) professional experience of a specific length of time; and
c) other conditions laid down by legal regulation.
(4) In addition to what is contained in Subsection (3), Hungarian nationals, persons with the right of free
movement and residence, and persons who fall under the scope of the Act on the Admission and Residence of Third-
Country Nationals may engage in architectural and engineering planning and building inspection activities subject to
the requirements set out in specific other legislation.
(5) Persons engaged in architectural and engineering planning and building inspection activities may provide
planning or inspection services only in a field in connection with which they are authorized under this Act to engage
in planning and inspection activities. Registered forensic experts may engage in building inspection activities only if
able to satisfy the requirements set out in Subsection (3) as well.
(6) The regional associations of architects and associations of engineers shall maintain the trade registers and shall
have powers to grant authorization for planning and inspection activities in the first instance and the national
associations in the second instance by way of a resolution adopted in accordance with the general rules of
administrative proceedings and services.
(7) An architectural-engineering design tender is a form of competition specifically designed to facilitate
preparations for completion of the plans referred to in Subsection (8) and to aid in the procedure for awarding the
contract for the architectural and engineering plans.
(8) For the planning of zoning for urban development, and for the design of structures (buildings and engineering
fixtures) and any related technological object, and for interior decorating and landscaping, architectural-engineering
design tender may or must be invited in the cases and manner prescribed by law.
(9)-(10)
(11) Architectural and engineering plans are protected by copyright laws.

Section 32/A.

Architectural and engineering planning contracts shall be governed by the relevant provisions of the Civil Code
pertaining to design contracts and shall apply with the exception that:
a) the contract must be concluded in writing;
b) the designer may be assisted by another designer, or may employ a designer specializing in a particular
discipline (subcontractor); and
c) the designer’s fee shall be due - unless otherwise provided for by the parties - at the time of delivery of the
plans.

Section 33.

(1) The planner shall be held liable:

a) for having the architectural and engineering plans (including construction plans) prepared:
aa) in a professional manner in terms of technical requirements,
ab) to contain information that is true and accurate,
ac) in conformity with architectural distinction, and allowing for the protection of the architectural and natural
heritage affected;
b) for compliance with statutory provisions, regulations, building provisions and standards, and other trade
regulations;
c) for the selection of qualified planners (assistant planners) with proper expertise to participate in some of the
stages or throughout the entire process of the preparation of the plan documentation;
d) for arranging discussions with other planners to coordinate their plans.
(2) The plan inspector’s duties and responsibilities shall include to inspect - in the cases and in the manner
prescribed by law - the contents of the building project plan documentation (plan section) according to Subparagraph
aa) of Paragraph a) and Paragraph b) of Subsection (1) with a view to ensure that the quality of building and
construction reflects proper workmanship and to enforce the requirements set out in Subsection (2) of Section 31 and
in other legal regulations.
(3) The body maintaining the trade register shall sanction - in the cases and in the manner prescribed by law - any
planner and expert for any infringement of the applicable legal regulations.
(4) The planner - if so authorized by the developer - may supervise the planning process, including to participate
in the implementation of the architectural and engineering plans to the fullest extent, and to provide assistance in
finding a solution in the process of construction for questions arising in connection with the plans and requiring
special expertise.

Construction licensing procedures of the building authorities

Section 34.

(1) A building authority permit (confirmation of acceptance of notification) shall be required for the formation of
lots and for the construction, remodeling, expansion, renovation, rehabilitation, improvement, demolition, relocation
and occupancy or modification of the original function of a structure or a section thereof or group of buildings
(hereinafter jointly referred to as „construction work”) in the cases defined by law.
(2) A building authority permit may be conditional.
(3) Unless otherwise prescribed by law, the building authority shall conduct an on-site inspection as part of the
procedure for the evaluation of applications for permits or in connection with the confirmation of acceptance of
notifications.
(4) During the licensing procedure the building authority shall enforce the provisions of legal regulations and the
architectural and engineering requirements, as well as ensure the protection of legitimate interests of the parties
concerned.
(5) Decisions on the merits of building permit applications, in the cases defined by law, shall be adopted within 60
days of the date of filing the application.
(6) The organs specified in separate legal regulations and the experts specified by law and included in the register
of names shall participate in the building authority’s regulatory licensing procedure.

Section 35.
 (1) Prior to applying for a building permit, with a view to ascertaining the requirements relating to development of
the land [with particular regard to what is contained in Subsection (2) of Section 18], townscape, architecture,
historical preservation, archeological, conservation of nature areas and environmental protection, public health, soil
protection, physical safety, fire prevention and technical requirements (including geological and seismological
requirements), the client (developer) may apply to the building authority for a preliminary permit. Obtaining a
conceptual building permit may be prescribed mandatory by legal regulation.
(2) A final and enforceable preliminary permit shall remain valid for one year, which may be extended on one
occasion by no more than one additional year, if the relevant legal regulations and the mandatory regulatory
provisions have not changed in the meantime.
(3) In proceedings of the building authority for authorization opened during the term of validity of the preliminary
permit the special authority, where one is required to participate, and the building authority shall be bound to the
provisions it has specifically prescribed in the preliminary permit, also if the relevant legal regulations and the
mandatory regulatory provisions have changed in the meantime. No construction work may be executed on the basis
of the preliminary permit.
(4) In connection with building permits, developers may opt to use the single authorization procedure of the
building authority defined in specific other legislation (hereinafter referred to as “single authorization procedure”)
comprising:
a) a procedure for the granting of a conceptual building permit for the preliminary clarification of the requirements
referred to in Subsection (1) and
b) a procedure for the granting of a building permit.
(5) Within ten working days of receipt of an application for single authorization procedure, the building authority
shall conduct a hearing and a site inspection, to which it shall invite the competent authorities and public utility
companies affected, with other concerned clients notified by way of a posted notice. During the conceptual building
permit phase of the single authorization procedure a ruling for rejecting an application for a conceptual building
permit may be appealed independently.
(6) The duty for a single authorization procedure shall be the same as the sum total of fees charged for procedures
for the conceptual building permit and for the final building permit as specified in specific other legislation, payable
upon the opening of the respective phases of the single authorization procedure.

Section 36.

(1) The building authority may issue a building permit within the framework of the provisions laid down in an act,
government or ministerial decree:
a) if the proposed construction work is in conformity with the requirements laid down in Sections 18-22 and in
Subsection (1) of Section 31;
b) if the formation of the building lot on which construction will take place has been completed in accordance with
the provisions contained in Sections 23 and 24, in the general zoning plans and in the relevant legal regulations;
c) if the proposed building or architectural and engineering arrangement is in compliance with:
ca) the requirements set out in Subsections (2)-(5) of Section 31,
cb) common professional requirements and with the conditions laid down in legal regulation,
cc) statutory provisions on protection for certain structures and areas, the special provisions prescribed by the
special authority, where one is required to participate, and the requirements prescribed in preliminary regulatory
proceedings,
cd) the criteria laid down by law for the protection of architectural distinction and values; and
d) if the construction and proposed function of the structure does not have any adverse effect on the environment:
da) in excess of the measure appropriate for the function of an area as defined in legal regulation,
db) does not endanger stability, life and health, public safety and private property;
e) if for the proper and safe use of the structure:
ea) the ancillary structures (utilities, roads, pavements, parking areas etc.), or
eb) connection to the transportation network, and
ec) public utilities and energy supply services
required can be provided before the application for occupancy permit is submitted, and are available at the time of
the occupancy authorization proceeding;
f) if the person indicated as planner has the proper entitlement to engage in the architectural and engineering
design of the construction activity indicated in the application, as verified by the body that maintains the trade
register;
 g) if the developer has provided adequate proof of his eligibility for performing construction work, apart from the
preliminary and occupancy permits;
h) if the planner has provided a statement declaring that he has prepared architectural and engineering plan
documentation containing technical solutions which are similar or equivalent to national standards guaranteeing
compliance with the fundamental requirements set out in legal regulations;
i) if the supporting documents prescribed by law for applications for building permits are provided in compliance
with the criteria set out in Paragraphs a)-h).
(2) In the authorization procedure where any protected townscape and structure, or unique landscape is concerned,
the building authority may prescribe:
a) the mandatory use of building materials which are characteristic for the locality, the renovation or restoration of
some distinctive architectural style or mass; and
b) that new structures are to be erected in compliance with the requirements of preservation and harmony with the
environment; and
c) the exterior remodeling of a structure (e.g. re-coating exterior walls and doors and windows, or their
replacement for better harmony) and other works intended to improve the appearance of the structure.
(3) Where new proceedings are opened following review procedures the provisions in force at the time the original
proceedings were opened shall apply, with the exception set out in Subsection (4).
(4) In the review procedures referred to in Subsection (3), if the building regulations in force at the time the new
proceedings are opened are more favorable for the developer, they shall be applied.

Section 37.

(1) The building authority permit shall not constitute an exemption for the developer from obtaining any other
permits of the competent authorities prescribed for construction works in specific other legislation.
(2) A permit issued by the building authority shall not represent a judgment in civil law claims in connection with
construction-related issues.

Construction

Section 38.

(1) Unless otherwise prescribed by law, the construction of any building, section of a building or a building
complex, construction work and other building activities (hereinafter referred to collectively as “building activity”)
may only be performed in accordance with the final and enforceable building permit and the plans affixed with the
seal of approval and with other documents, and, in the cases and in the manner defined by law, in accordance with
the implementation and project plans prepared on basis of the aforementioned and checked by a plan inspector, that
provides sufficient evidence that the proposed structure is in compliance with the requirements set out in Subsection
(2) of Section 31 of this Act and in other applicable legal regulations.
(2) Deviations from the approved and officially sealed plans may only be implemented with the prior consent of
the building authority, unless such deviation is not subject to licensing in its own right.

Section 39.

(1) Actual construction of buildings subject to authorization by the building authority may be carried out if:
a) construction is included in the sphere of activities of the private entrepreneur or business association hired to
carry out the construction works (hereinafter referred to as “general contractor”); or
b) the construction is carried out under the supervision of a registered construction superintendent who is engaged
with the contractor by way of membership or under a contract of employment or personal service contract, and who
has the qualifications appropriate for the work in question and is able to satisfy other requirements, and who is vested
with powers of direct control over the persons carrying out the works;
c)
d) the developer has notified the construction regulatory authority - in the cases and in the manner prescribed by
legal regulation - within fifteen days prior to the commencement of construction, and the construction regulatory
authority did not prohibit the commencement or continuation of construction works within fifteen days from the date
of receipt of the said notice.
(2) Work in the construction trade may only be performed by the persons having the proper professional training
specified by law.
(3) Any remodeling, restoration, conversions or improvement of building structures for which no building permit
is required and:
a) that does not involve any alteration in the building’s support structure; or
b) that does not involve any changes in weight distribution having any impact on the load-bearing capacity of the
building’s support structure - as it is verified by a written expert opinion -, that would require the reinforcement,
demolition or alteration of the support structure; and
c) if no chimney or exhaust system of any kind is installed; or
d) the alteration of the exterior (except for protected building structures) does not involve any alteration in the
support structure,
may be performed by persons with the relevant vocational training without the supervision of a construction
superintendent.
(4) Entities whose sphere of activities does not include construction, as well as private individuals may only
perform construction work, under the supervision of an appointed construction superintendent in observation of
Subsections (2)-(3), for their own purposes.
(5) The notification that the developer is required to submit under specific other legislation for the commencement
of construction works shall contain:
a) the information specified in Subsection (4) of Section 58, treated as the personal data of the following persons:
aa) the contractor (where several contractors are involved, all contractors known at the time of commencement of
works),
ab) the construction superintendent (where several construction superintendents are involved, all construction
superintendents known at the time of commencement of works),
ac) the building inspector, if employment of a building inspector is prescribed mandatory by law, or if a building
inspector is employed;
b) information relating to the function of the building;
c) a statement from the planner or plan inspector concerning the building project plans;
d) other information and documents prescribed by legal regulation.

Section 40.

(1) The general contractor shall be held liable:

a) for the commencement and continuation of construction works within the framework of the law, for
maintaining the construction journal and for having proper entitlement to engage in construction works;
b) for the observance and enforcement of the provisions contained in the final and enforceable building permit and
in the approved construction licensing plans as furnished, and in the building project plans prepared accordingly and
checked by an authorized plan inspector; and
c) for the proper and safe use and serviceability of the resulting structures, equipment, building and building
sections.
(2) The construction superintendent shall be held liable:
a) for having proper entitlement for the type of building or construction activity in question;
b) to coordinate the professional services involved;
c) for the building structure and sections thereof being completed in accordance with the final and enforceable
building permit and the approved construction licensing plans, and in accordance with the building project plans
described by legal regulation; and
d) for the enforcement of the professional, quality and safety specifications; and
e) for the construction to be completed reflecting proper workmanship.
(3) The general contractor shall maintain a construction journal, in the cases and manner specified by law, to
record daily progress, and shall keep the journal on the job site at all times and shall present such journal upon
request to the inspecting authority and/or to the building inspector. Statements of the appointed construction
superintendent made in connection with completed construction works shall comprise a part of the construction
journal.
(4) The developer, for the purpose of enforcement of the provisions contained in Subsections (1) and (2) of
Section 43, may appoint a building inspector with the entitlement specified in the relevant government decree to
represent the developer’s interest at the construction site, or may designate an investor in the cases and in the manner
prescribed by specific other legislation, and the investor may hire a manager. The employment of a building
inspector may be prescribed mandatory by law.
(5) Construction superintendents and building inspectors shall be registered by a body specified in an act or
government decree.
(6) Construction superintendents, building inspectors and developers shall be subject to the sanctions prescribed in
the relevant government decree for any infringement of the legal regulations relating to construction activities.

Section 40/A.

Where an instruction given by the developer or his authorized agent is unlawful or violates any official resolution,
or if deemed harmful to life and property, the contractor shall record the said instruction and his statement of refusal
in the construction journal in the form of an entry.

Section 41.

(1) Building materials, finished products and equipment may only be marketed, installed or used with a certificate
of conformity prescribed in specific other legislation.
(2) 'Certificate of conformity' means a written confirmation that the building material to which it pertains is
suitable for the intended purpose, meaning that it is able to conform with the requirements specified in:
a) harmonized European standards adapted for local use; or
b) a European engineering permit;
c) in the absence of these, in other national specifications (national standards or building and engineering permits);
and
d) in connection with custom (not mass produced) products, in the manufacturer’s documents.
(3) Conformity tests shall provide the basis for conformity certificates.
(4) A conformity certificate may be
a) a declaration of conformity by the supplier (distributor, manufacturer),
b) a document issued by an independent certification body.

Section 42.

(1) If a natural asset, architectural or archeological relic or a work of art related to a structure is found during
construction activities, the general contractor shall report this fact to the building authority or to another competent
authority without delay, and leave the place undisturbed until official action.
(2) During construction activities the conditions are to be fulfilled for any environmental impact or potential
damage to remain within the extent specified in and allowed by separate legal regulations.

Section 43.

(1) The developer shall be responsible:

a) for obtaining the building permit; and
b) for the enforcement of the provisions contained in the final and enforceable building permit and in the approved
plan documentation with the seal of approval affixed;
c) for monitoring construction activities and building operations;
d) for having the ancillary buildings necessary for the proper and safe use of the structure, and the terrain,
landscaping and gardening works completed in parallel with the structure;
e) for the selection of a building inspector and a general contractor;
f) for having the commencement of the construction notified to the competent construction regulatory authority
and for the existence of the necessary supporting documents;
g) for keeping the construction journal accessible - in the cases specified by legal regulation - for the building
authority in the proceedings for granting the occupancy permit;
h) for the disclosure of personal data in the cases specified in this Act, and for the notification of specified data
where prescribed in specific other legislation.
(2) The developer and the general contractor shall be subject to joint and several liability for having the
construction debris removed - in accordance with the provisions of specific other legislation - from the construction
site within the time limit prescribed by the building authority, and to restore the surrounding areas and the surface of
the terrain to its original condition or as authorized, and to clean up any damage made to the environment.

Occupancy of the structure

Section 44.

(1) Unless otherwise prescribed by legal regulations, the developer shall be required to obtain an occupancy
permit for all structures and sections thereof for which a building permit was required. In cases specified by law,
declarations by the public utility companies operating the relevant infrastructure network and from the chimney
sweeper (building expert), and the statements of the construction superintendent(s) described by legal regulation,
which comprise part of the construction journal, stating that the structure and sections thereof (independent units)
and the work completed conforms to the final and executable building permit and to the approved licensing plans of
such, and is suitable for proper and safe occupancy shall be attached to the application for an occupancy permit. If a
project was completed by more than one contractors, the developer or his representative shall take the measures
necessary to render all statements of construction superintendents available to the building authority during the
course of its procedure to issue the occupancy permit.
(2) With regard to construction work for which a building permit was required, an occupancy permit is to be
granted if the structure or section thereof was constructed in accordance with the permit and in a manner suitable for
proper and safe use.
(3) If the structure or a section thereof is not suitable for proper use, or if the construction work has jeopardized
stability, life and health, public and property security in another property, the building authority shall prohibit
occupancy of the structure or shall issue a mandatory order in its function as the building authority to make such
permit conditional upon having the defects and deficiencies eliminated. Granting the occupancy permit may be
rendered conditional and special clauses may be included in the permit.
(4) Without the occupancy permit defined in Subsection (1), the structure may not be used.

Inspections by the building authority

Section 45.

(1) The building authority shall conduct on-site inspections regarding any construction work subject to licensing,
and shall examine the following as part of this procedure:
a) the presence and observation of the final and executable building permit and the approved licensing plans,
b) completion of the structures of the building in accordance with the licensing plan and in observation of
professional and safety specifications,
c) compliance by the construction superintendent in charge of construction with the qualification and other trade
specifications requirements,
d) observation of requirements for stability, life and health and public and property security.
(2) The building authority shall, in addition to conducting inspections on the progress of construction works
conducted under a final and enforceable building permit, take actions to avert, investigate and prevent:
a) any construction work in progress without the permit of the building authority or deviating from the permit;
b) construction work carried out in violation of the building code (hereinafter referred to as “unlawful”);
c) use of the structure other than its original function.
(3) Inspections by the building authority shall be conducted regularly, or twice during the term of the construction
in respect of building structures described in a separate legal regulation.
(4) The party carrying out the building inspection may order work to be stopped for no more than 30 days on each
occasion if work is performed unlawfully or endangers stability, life and health or public or property security. During
this time, the building authority shall decide whether to terminate or continue the proceeding.
(5) The police, the municipal public services organization and other organs specified by law shall also participate
in the execution of inspections by the building authority, if so requested by such authority.
(6) The owner, the beneficiary, the user, and the developer and the general contractor shall tolerate official
inspections.
 The Construction Regulatory Authority

Section 46.

(1) The liability to carry out construction and building regulatory activities lies with the State.
(2)-(3)
(4) Within its regulatory powers the construction regulatory authority shall, in accordance with the provisions of
specific other legislation:
a) conduct building inspections;
b) adopt measures conferred under the powers of the construction regulatory authority;
c) keep the records conferred upon it by legal regulation.
(5) The objective of building inspections is to establish as to whether:
a) the legal regulations, standards and provisions and the requirements laid down in the permits related to building
structures and to the quality requirements for building products (materials, structures and equipment), technologies
and procedures are observed during construction work;
b) the building products used have a valid certificate of conformity, and the certificate of conformity was issued by
an authorized body and that it conforms with the regulations of specific other legislation;
c) the person making the building project plans, the building inspector, the construction superintendent, the
general contractor and the persons performing skilled work have the qualifications necessary for the construction
activity in question, and as to whether the provisions contained in Paragraph b) of Subsection (1) of Section 39 are
satisfied;
d) construction work is performed in accordance with the building project plan, in observance of the relevant trade
and safety regulations, and as to whether the building’s structures are in compliance with the plans submitted and
approved;
e) the construction journal is available at the construction site as required by legal regulation, and whether it is
maintained in the manner and with the contents specified by legal regulations;
f) the developer has notified the commencement of construction - in the cases and in the manner specified by legal
regulation -, and the competent authority did not prohibit the commencement of construction works.
(6) Where according to the findings of an inspection conducted by the construction regulatory authority:
a) the provisions of Paragraph a) or d) of Subsection (5) have been violated during the course of construction, or
b) construction directly endangers stability, life and health, public safety,
the authority shall ban further construction and shall order to cease the above-specified conduct by way of a
resolution, or in other cases, shall take measures to cease the said conduct. The resolution may be enforced effective
immediately and the obligations contained therein shall be promptly imposed. The construction regulatory authority
shall, in both cases, forthwith notify the building authority, and in connection with archaeological heritage or
monuments, the Authority for Cultural Heritage for taking further action.
(7) The construction regulatory authority may request assistance from the relevant trade associations in its
inspections, and from experts and authorized institutions for carrying out the examinations that may be necessary, as
laid down in specific other legislation.

Section 46/A.

(1) The construction regulatory authority shall impose a building supervisory penalty defined in specific other
legislation for any infringement of the requirements listed under Subsection (5) of Section 46 upon the infringer or
the person causing the endangerment.
(2) The construction regulatory authority may impose the building supervisory penalty within one year upon
learning about the conduct (infringement) referred to in Subsection (1), or not later than within five years from the
date the offense was committed.
(3) The building supervisory penalty shall not exempt anyone from criminal or misdemeanor liability, nor from
liability for damages, or from the obligations relating to the restriction, suspension or prohibition of activities, or
from having to take protective measures as appropriate, or the obligation of restoration of the natural or previous
environment.
(4) The extent and procedure for imposing the building supervisory penalty shall be governed in specific other
legislation.
 (5) The penalty shall be imposed upon weighing, in accordance with the provisions laid down in specific other
legislation, the location, type and function of the building, the extent of the infringement, the mode and magnitude of
the violation and the impact it has on the natural and/or built environment.

Mandatory orders by the building authority

Section 47.

(1) The building authority may order:

a) cessation of usage of the structure or section thereof which deviates from the function specified in the building
permit and other regulatory permits or, in the absence of such, from the original function,
b) in the case of unlawful construction, to have the construction work stopped and to have the previous condition
reestablished, or to establish the conditions specified in the final and executable building permit and licensing plans,
c) replacement of building products which do not conform to technical specifications,
d) renovation of the structure or section thereof to a state in excess of mandatory maintenance standards if
necessary to improve the overall appearance of the settlement, or if so required for the enforcement of the provisions
of the zoning map or for the protection of architectural heritage,
e) in the cases specified by law, to have the lot fenced off or to have landscaping and other work performed in the
interest of improving or protecting the settlement’s overall appearance and the environment,
f) to have any construction debris, leftover building material and equipment removed from the site, to reinstate the
original or approved condition of the surroundings and the ground, and to repair any damage caused to the
environment.
(2) The building authority shall be required to order:
a) partial or complete remodeling, or if this is not possible or the general contractor refused, demolition or
reconstruction of a structure or section thereof, if construction is conducted in a manner to jeopardize stability, life
and health or public or property security,
b) usage of the structure or section thereof to be ceased, if such usage jeopardizes stability, life and health or
public or property security, or if usage is not permitted,
c) elimination of defects or deficiencies in the structure or section thereof,
ca) if it is constructed not in conformity with the requirements for proper and safe use, or if in consequence, it is
liable to cause detrimental conditions in another property endangering stability, life and health, public safety and
property security,
cb) if in consequence of any remodeling, modification or conversion of the structure or section thereof - for which
no permit or notification is required - following the time of issue of the occupancy permit, the structure or section
thereof is no longer in conformity with the relevant legal regulation and applicable official specifications relating to
proper and safe use, which are in force at the time of remodeling, modification or conversion, or
cc) if in consequence of any remodeling, modification or conversion of the structure or section thereof - for which
a permit or notification is required - following the time of issue of the occupancy permit, the structure or section
thereof is no longer in conformity with the relevant legal regulation and applicable official specifications relating to
proper and safe use, which are in force at the time the inspection is carried out;
d) compliance with mandatory requirements of maintenance standards for the structure, or examination of the
structure or, if necessary, to have a structure remodeled, renovated, rehabilitated or demolished if its condition
endangers stability, life and health or public or property security.
(3) The final and executable order issued in accordance with Subsections (1)-(2) shall be recorded in the real estate
register if so requested by the building authority.
(4) In the event of the building authority having to officially issue and cover the costs of the fulfillment of an
executable order on its own accord and on behalf of the obliged party’s failure to comply, the building authority shall
file a lien in the real estate register on the property for the costs involved, until such costs are recovered.

Licensing the continued existence of a structure

Section 48.
 (1) The building authority shall grant a continuation permit for an unlawfully constructed structure or section
thereof if requested by the developer or the legitimate user of the property, if the conditions specified in Section 36
exist or can be fulfilled, and if the developer has verified his building entitlement. If a structure or section thereof
was demolished without a permit from the building authority, the building authority shall issue a resolution in
acknowledgment of such.
(2) If the provisions of Subsection (1) are satisfied, a continuation permit may also be issued, if
a) the structure or section thereof can be brought up to code by remodeling, or
b) the damage to interests caused by the violation is insignificant, not detrimental to public interests or can be
eliminated within a deadline specified by the authority.
(3) The building authority shall, relying on the findings of its site inspection conducted within the framework of
the regulatory control proceedings referred to in Subsections (1) and (2) of Section 45 and on other evidence
gathered in accordance with specific other legislation, clarify the facts within 90 days, and shall:
a) examine as to whether the conditions for a continuation permit in accordance with Subsections (1) and (2) are
satisfied or can be fulfilled;
b) if the conditions are satisfied, notify the developer concerning the requirements for the continuation permit and
the legal consequences attached; and
c) request the developer to submit an application for a continuation permit within 60 days.
(4) If the developer fails to submit an application for a continuation permit within the deadline prescribed in the
notice, or fails to comply with any request for supplying missing information within that same time limit, or if the
person instructed to carry out the work necessary for compliance fails to do so, the building authority shall order
demolition of the structure in question.
(5) A continuation permit may be for a specific period, or for an unspecified period to remain valid until revoked,
or permanent, and may include a penalty and/or a resolution containing an order and a deadline for the reconstruction
necessary pursuant to Subsections (1)-(2).
(6) A continuation permit shall also serve as an occupancy permit for the structure if the applicable conditions
exist. Where the continuation permit is granted for a section of a structure, the building authority shall also order
construction to be continued and the structure to be completed. After all phases of construction are completed, an
occupancy authorization proceeding shall be conducted pursuant to the provisions of Section 44.
(7) Upon expiration of the deadline or revocation of the permit, the licensee shall be required to demolish the
structure or section thereof without any reimbursement claims. The same applies in the event of non-compliance with
the reconstruction obligation prescribed in the continuation permit. In the event of failure to comply with the
reconstruction order, the building authority shall issue an order for demolition.
(8) If no continuation permit can be issued for an unlawfully built structure or section thereof, the building
authority shall order:
a) performance of the work necessary for compliance; or
b) demolition where a continuation permit cannot be issued even following reconstruction.
(9) On the basis of Subsections (1)-(8), the building authority shall have powers to take action within one year of
gaining knowledge of the violation, but no later than within ten years of the completion of construction or, if such
information is not available, of the occupancy of the structure. With respect to the provisions of Subsection (7) and to
new proceedings, the beginning of the one-year period shall be the expiration date of the deadline prescribed for
completion or the revocation of the permit, the expiration of the deadline for the fulfillment of the reconstruction
order or the date of the final resolution ordering a new proceeding.
(10) The one-year period referred to in Subsection (9) shall commence anew for the building authority:
a) in connection with Subsection (3) from the delivery of the notice for application for authorization; and
b) if the developer submits an application for a continuation permit relying on new evidence obtained during the
period of an existing demolition order; and
c) if the developer amends or withdraws the application.
d) when the suspension of the proceedings is lifted.
(11) The requirements for a continuation permit under Subsections (1)-(2) shall apply in connection with new
proceedings in accordance with the building regulations that were in force at the time of opening such new
proceedings, with the exception if the regulations in effect at the time of conduct of the new proceedings are more
favourable for the developer.
(12) Where the requirements for a continuation permit under Subsections (1)-(2) are satisfied, the continuation
permit may be granted - upon request - beyond the time limit referred to in Subsection (9). In this case, however,
reconstruction may not be ordered and a penalty may not be imposed.
(13) The owner (beneficiary, user) of the property shall allow for the enforcement of reconstruction or demolition
orders imposed in connection with an unlawfully constructed structure or section thereof.

Construction fines

Section 49.

(1) The building authority, if it grants a continuation permit in accordance with Section 48, or acknowledges the
demolition, shall impose a construction fine at the same time in the amount and by the procedure specified in the
relevant Government decree.
(2) In the event that the developer demolishes an unlawfully constructed structure or section thereof prior to the
payment deadline of the imposed construction fine, or eliminates the violation, the building authority shall cancel the
fine. A construction fine which has been imposed may not be canceled under other circumstances.
(3) The construction fine shall not provide immunity from criminal liability and liability for misdemeanors or
damages, furthermore, from the restriction, suspension or prohibition of activities as well as from the obligations of
taking appropriate protection measures and restoring the natural or former state of the environment.
(4) A construction fine may not be imposed in connection with any construction works carried out based upon a
final and enforceable building permit or demolition permit, where the underlying resolution had subsequently been
withdrawn by the building authority at its own discretion or following a protest by the public prosecutor, or that was
altered or annulled by the building authority in compliance with a Constitutional Court resolution, except if the
developer has acted in bad faith regarding the reason on which the withdrawal (overturning, annulment, abrogation)
was based.

Section 50.

(1) Financial support for the formation and protection of the built environment shall be provided from the
“Regional Development” chapter of the central budget (hereinafter referred to as “Appropriation Chapter”), which is
to be recorded and appropriated in accordance with the provisions of specific other legislation.
(2) The financial support referred to in Subsection (1) may be used - in the manner and to the extent specified in
legal regulation - for supporting and funding the following responsibilities relating to the building and construction
industry:
a) building inspections and other activities of the building authorities (including financial aid provided for experts
where necessary) and to improve and enhance the efficiency and standards of inspections;
b) enforcement procedure;
c) zoning responsibilities;
d) quality assurance and standardization duties;
e) covering the costs to place local architectural heritage under protection, for the implementation of international
agreements relating to the protection of architectural heritage, and for the display of architectural values;
f) the operation of planning boards;
g) supporting the architectural and town planning responsibilities of trade associations and non-governmental
organizations, and the administrative functions carried out by trade associations;
h) the adaptation, improvement, protection, disbursement and education of architectural culture and the
acknowledgements relating to protection;
i) drawing up and operating educational and training programs concerning the development and protection of the
man-made environment;
j) drawing up and implementation of teaching and vocational training objectives, and conducting professional
training programs;
k) research and development relating to building structures and regulations for construction works and building
activities, and the quality requirements for building products, materials, fixtures, equipment and technology, and for
the application and implementation of the results of such research and development;
l) the duties related to the recognition of professional qualifications and vocational skills with regard to controlled
construction trades, with particular regard to the provisions of the Act on the Recognition of Foreign Diplomas and
Certificates;
m) carrying out the administration duties related to Paragraphs a)-l), for obtaining the services of experts and for
the purchases of assets and the financing of projects necessary for the carrying out of duties.
 Section 51.

(1) The building authority shall require the owner of property to complete the work ordered, unless otherwise
provided for by law. If the unlawful construction work was performed at the order of another party, the developer
shall be required to have the aforementioned work completed.
(2) If, during or in consequence of construction, a situation jeopardizing stability, life or health, or public or
property security has been created, the general contractor shall, in addition to the provisions of Subsection (1), also
be required to carry out the work required due to such.
(3) The building authority may order any parties hindering execution of the required work to allow execution of
such.
(4) The costs of work ordered by the building authority shall be covered by the obliged party, unless otherwise
provided for by law.

The building authority

Section 52.

Section 53.

The activities relating to the decisions by the building authority and the construction regulatory authority in terms
of preparation, adoption and enforcement, and the activities of the chief government architect and community chief
architects may only be performed by persons holding a diploma of higher education in the relevant field subject to
other conditions specified by law.

Section 53/A.

(1) In connection with the proceedings conducted by the building authority and the construction regulatory
authority, and other bodies vested with administrative duties in the construction industry, the notification referred to
in Subsection (3), supplying missing information, interim measures, requests by special authorities, communication
of decisions, keeping records and registers, including inquiries and disclosures from such records and registers,
notification of the commencement of construction works may be conducted by electronic means at the client’s
request, provided that the information technology conditions are available. In other building procedures
administration by way of electronic means is allowed in the cases and in the manner prescribed by law. The Minister,
building authority, and the bodies maintaining the register specified in Subsection (6) of Section 32 shall operate an
electronic information service to improve the efficiency of customer services.
(2) In proceedings before the building authority and the construction regulatory authority ‘client’ shall mean any
natural or legal person or unincorporated business association whose right or rightful interest, or legal status, is
affected, or who (that) is under regulatory inspection, and also with respect to whom the records of the authorities
contain any data in connection with the case on hand, therefore, the status of the following clients shall be examined:
a) the developer; and
b) the legitimate user of the property, if other than the developer;
c) the legitimate user of the property, not including public areas, adjoining (having common boundaries or
property lines with) the property or properties to which the resolution pertains, with the exception of proceedings for
assemblage or for rearranging property lines;
d) in cases defined by law, the designer, the construction superintendent, the building inspector or the general
contractor.
(3) The building authority and the construction regulatory authority shall notify:
a) the client, if known, in a proceeding launched ex officio;
b) the petitioner in a proceeding launched upon request in the cases described in legal regulation, and the client, if
known, at the time the request is submitted,
concerning the opening of the proceeding, and within five working days following receipt of the request, notify the
case number, the day of opening the proceedings, the administrative time limit, the name and office hours and means
of access of the appointed administrator.
 (4) The construction fines, building supervisory penalties and administrative penalties imposed by the building
authorities and the construction regulatory authorities (hereinafter referred to as “fines and penalties”) shall be paid
to the order of the special appropriations specified in Subsection (1) of Section 50, with the exceptions set out in
Subsection (6) and unless otherwise prescribed by law relating to unique types of structures and protected buildings
of historical value.
(5) The fines and penalties imposed by the building authorities and the construction regulatory authorities by final
and executable order shall be treated - with the exception set out in Subsection (7) - as public debts enforced as taxes,
and are collected by the state tax authority - at the request of the building authority - on behalf of the special
appropriations, or the body specified in the legal regulation pertaining to unique types of structures.
(6) The administrative penalties imposed by the building authorities and the construction regulatory authorities
shall be due and payable to the acting authority.
(7) The implementation of decisions adopted by the competent building authorities and the construction regulatory
authorities relating to building structures used for the purposes of defense, military and national security shall be
carried out by the authority of the first instance.

Section 53/B.

(1) The building authority shall attach the supporting documents in the number of copies and with the contents
prescribed by specific other legislation for any request for consent of the special authority, where one is required to
participate.
(2)-(3)
(4) The special authority, where one is required to participate, shall affix the date, signature and stamp on the
architectural and engineering plans to which the opinion pertains, and shall send it - in the cases defined by law - to
the acting building authority together with the consent.

Section 53/C.

(1) The building authority shall order the developer to make the necessary corrections within the prescribed
deadline, if the developer’s application:
a) is deemed incomplete according to Subsection (1) of Section 37 of Act CXL of 2004 on the General Rules of
Administrative Proceedings and Services (hereinafter referred to as “APA”), within 10 working days following the
date of receipt of the application, if
b) the client has made the corrections under Paragraph a), however, the application remains incomplete in terms of
architectural and engineering requirements, within 10 working days following the corrections made under Paragraph
a),
and shall include an indication of potential legal consequences.
(2) In the proceedings conducted by the building authority and the construction regulatory authority, and other
bodies vested with administrative duties in the construction industry, apart from the general requirements set out in
the APA, the detailed formal requirements in connection with applications and decisions and resolutions shall be laid
down by specific other legislation.
(3) The building authority shall take into consideration, in accordance with Subsection (6) of Section 50 of the
APA, the expert opinion of architectural and engineering planning committees supplied according to legal regulation
and available at the time of submission of the application for authorization, and shall rely upon them as means of
evidence to the extent necessary to clarify the facts for its decision, with special regard to architectural quality,
preservation and blending in with the surroundings.
(4) The building authority in its proceeding for the granting of authorization may refuse to grant the authorization
in the cases specified in legal regulations on the basis of the planning committee’s opinion obtained in accordance
with Subsection (3) - in particular with a view to the enforcement of the requirements set out in Subsection (5) of
Section 31 -, or may grant it subject to certain conditions.
(5) The decisions adopted by the building authority and the construction regulatory authority, and other bodies
vested with administrative duties in the construction industry may not be reversed for reasons of equitable
considerations.
(6) If the documents and enclosures required for proceedings of the building authority for authorization are
prepared by a building administration expert and the developer supplies a statement from such building
administration expert containing the information specified in Subsection (7), drawn up within fifteen days of the day
of submission, with the application for building permit, the application shall be processed as quickly as possible,
within maximum thirty days.
(7) The building administration expert’s statement shall verify:
a) compliance of the application for building permit and the documents enclosed with the provisions of this Act
and in specific other legislation relevant to the authorization of the type of the structure in question;
b) compliance with the requirements set out in Subsection (1) of Section 36 and with the building requirements
prescribed in specific other legislation for the proposed structure and construction activity;
c) the availability of consent of the competent authority;
d) the availability of data and information for the building authority’s authorization proceedings;
e) that the documents enclosed with the notification contain the necessary documents - prescribed in specific other
legislation - concerning the site and its surroundings, in possession of which a site inspection is not required, and
which allow for an informed assessment of the existing conditions and the impact the proposed building or
construction activity is likely to have on the adjoining lots in terms of development, and of compliance with the
requirement of coherence.
(8) With the exception set out in Subsection (9), the resolution adopted by the building authority may be declared
enforceable for reasons of national defense, irrespective of any appeal, if it pertains to the building authority’s
proceedings for the authorization of a building to be constructed on a high priority military land intended for defense
and military purposes.
(9) In the application of Subsection (8), the authority of appellate jurisdiction may suspend the enforcement of the
resolution:
a) at the client’s request, acting in the public interest, or for the protection of the rights and any legitimate interest
of the client deserving special consideration, or
b) at the request of the body supervising the competent authority, if the building authority acting in the case
overlooked the assessment of the competent authority, or did not conduct the necessary proceedings.
(10) In connection with the building authority’s proceedings for the authorization of defense and military
structures to be constructed on a high priority military land, isolated in town and country planning at the regional and
county level, that is likely to have a significant impact on the defense faculties of the Republic of Hungary, or that is
necessary to discharge any commitment stemming from Hungary’s NATO membership or an international treaty:
a) the notary of the local government of the community or Budapest district where the construction work is to be
carried out shall function in the first instance,
b) chief government architect shall function in the second instance,
in the capacity of the competent authority for town and country planning.

Chapter IV

MAINTENANCE AND UTILIZATION OF THE BUILT ENVIRONMENT,

AND THE PROTECTION OF ITS RESOURCES

Maintenance and utilization of the built environment

Section 54.

(1) Components of the built environment, such as building lots and areas, structures, sections thereof, groups of
buildings, paved and green spaces may only be used for the purpose(s) and in the manner(s) prescribed in the
relevant official specifications and licenses, while routinely maintaining suitable technical conditions. Legal
regulations on the utilization of public areas may provide otherwise.
(2) The owner shall have the condition and stability of the structure(s) periodically examined in the cases and
manner specified by law, and have the necessary work completed.
(3) A building authority permit is required for using a structure, or section thereof or an independent unit in
deviation from the occupancy or continuation permit, or if not available for use for purposes other than originally
intended, unless otherwise prescribed by law. Changing the function shall be substantiated by proof of applicability
for the new function and, in the cases defined by law, by examining the interrelation of the structure or section
thereof or independent unit and the environment.

Section 55.

(1)-(2)
(3) If the remodeling or renovation of a structure or a section thereof specified in Paragraph d) of Subsection (1) of
Section 47 was required for improving the overall appearance of the settlement or by zoning reasons, the costs
involved and the compensation for damages due to restrictions in the use of the building because of renovation shall
be covered by the local government, with any increase in value prompted by the remodeling deducted.
(4) If a structure or a section thereof had to be demolished for reasons of improving the overall appearance of the
settlement or for zoning purposes, the owner shall be compensated in accordance with the provisions on
compensation for expropriation.

Protection of architectural heritage

Section 56.

(1) Architectural heritage includes historical monuments and landmarks, historical sites and areas. Adequate
maintenance and protection of architectural heritage is a public interest.
(2) Elements of architectural heritage of special importance are to be designated (placed under protection),
maintained, preserved, used and displayed as a part of international (universal), national and local architectural
heritage.
(3) The unique and universal elements of international architectural heritage, registered in the „World Heritage
Register”, are to be maintained, preserved, used and displayed in accordance with the relevant international treaties
as well.
(4) The Government shall carry out its world heritage related responsibilities through the minister in charge of
cultural affairs with the active participation of Hungarian National Committee for World Heritage established and
operated by the minister in charge of cultural affairs, in agreement with the Minister and the minister in charge of
environmental protection.
(5) The detailed regulations on the elements of the country’s architectural heritage of special and national value,
registered in the records of historical monuments, conservation of nature areas and other types of protection, are
established by separate laws.

Section 57.

(1) Elements of the architectural heritage which, based on their value and in accordance with Section 56, are
afforded protection on their own accord, and which, however, due to their unique appearance, characteristic,
townscape or settlement structural value are important for the region or the settlement, represent traditional values
and are true reflections of the work of the area’s people and communities, shall be considered as part of the local
architectural heritage.
(2) The location, registration, designation as protected, maintenance, improvement, safeguarding and provision of
protection of local architectural heritage are the responsibility of the municipal government. Protection under the
national scheme of historical monuments shall not affect the scope of local protection awarded for certain properties.
(3) Designation or cancellation of local protection, restrictions and obligations in connection with protected status
and any support shall be decreed by the local government of the community (in Budapest, the City of Budapest and
the district local governments).
(4) The local government concerned - in light of its obligation of cooperation fixed in Subsection (1) of Section 5
of Act LXIV of 2001 on the Protection of Cultural Heritage - shall send a copy of the draft version of a decree for the
termination of local protection independent from any a zoning procedure, to the authority for cultural heritage for
information purposes.

Education, Science and Cooperation

 Section 57/A.

(1) The ministers affected shall work together to educate the general population - especially students and scholars
- concerning the basics for the aesthetic and human-oriented design of the man-made environment, the dissemination
and improvement of architectural culture and the preservation of architectural values and heritage within the basic,
secondary and higher education system and also outside the school system, in training courses and lectures in
institutions of public education and by way of the press and other means of the mass media.
(2) In the process of discharging duties relating to the development and protection of the man-made environment,
the central and local government bodies shall cooperate with the relevant trade associations and other non-
governmental organizations.
(3) The Minister shall grant citations - listed and explained in specific other legislation - in the following areas:
a) excellence in architectural and engineering, and
b) distinction in the fields of development, protection and improvement of the man-made environment, in the
exploration and preservation of community and architectural values, and
c) excellence in town and country planning and administrative activities in the construction industry.
(4) The minister in charge of cultural affairs and the ministers concerned in connection with special structures
shall award citations specified in specific other legislation.

Chapter V

MISCELLANEOUS AND CLOSING PROVISIONS

Records and registers

Section 58.

(1) The building authorities, notaries (chief notaries) of communities, operators of public utilities, public funds,
chambers and other bodies delegated by law shall keep official records, prescribed by legal regulations, on all
regional, social, environmental, nature and technical data and information that are necessary for discharging public
functions relating to construction regulation and which are considered essential for zoning and town planning,
architectural and engineering planning and building inspection activities and other similar and related activities, in
connection with the activities of building authorities and construction regulatory authorities, and the granting and
control of entitlements to exercise profession, and related to the implementation of construction projects and
construction works.
(2) The following shall be regarded as official records defined in Subsection (1):
a) basic geodetic maps showing the administrative areas of settlements (including central and undeveloped areas),
b) register of the local building code and general zoning plan,
c) plans attached to lot formation permits,
d) records of public utilities in central areas,
e) records on structures,
f) layout map of record,
g) records of linear-type and related facilities located in undeveloped areas,
h) register of names of planners, plan inspectors, experts, technical inspectors and construction superintendents,
i) records of new and terminated residential dwellings,
j) register of regulatory and building inspection journals,
k) records of the collection of sums imposed in proceedings conducted by the building authorities and the
construction regulatory authorities,
l) register of structures built of bauxite cement,
m) records defined by separate legal regulations falling under the sphere of Subsection (1).
(3) At the time of submission of the application, the applicant:
a) shall be required to pay an administrative service fee of thirty thousand forints to the acting authority for
admission (registration) into the:
aa) register of architectural and engineering designers, a special registry,
ab) register of construction and building experts, a special registry,
ac) register of building inspectors, a special registry,
ad) register of construction superintendents, a special registry;
b) shall be required to pay an administrative service fee of twenty thousand forints to the acting authority for:
ba) an official certificate to verify compliance with the obligation prescribed in specific other legislation to
participate in an advanced training program,
bb) for a single authorization of architectural and engineering designers, building inspectors and construction
superintendents.
(4) The records referred to in Subsections (1) and (2), the files necessary for the proceedings of the building
authority and the construction regulatory authority, and other bodies vested with administrative duties in the
construction industry, and the construction journal may contain the following personal data:
a) surname and forename, birth name, and for legal persons their corporate name and the data of any member
(employee) of entitlement;
b) date and place of birth, mother’s name;
c) address, registered office;
d) number of personal identification document, company registration number;
e) education, professional qualification, credentials, experience, information concerning the exam for entitlement
to exercise profession (description, field, number, name of issuing body, date);
f) disciplinary sanctions;
g) credit institution of maintaining the account;
h)
(5) For the creation and continuous maintenance of databases, all natural and legal persons shall disclose the
information on their property, with the exception of such that may be obtained from registers prescribed by legal
regulation.
(6) In the records defined in Subsection (2), personal data must be kept separately. Personal data may only be
disclosed to persons authorized by law and to persons having the consent of the party involved.
(7) Developers shall be required to supply the following personal data to the construction regulatory authority in
connection with the commencement of construction activities governed by the Public Procurement Act or the
commencement of construction activities specified in specific other legislation:
a) developer’s name (corporate name) and address (registered office);
b) address and topographical lot number of the construction site;
c) builder’s (contractor’s) name (corporate name), address (registered office), tax identification number, proof of
authorization required under specific other legislation to engage in construction activities (contractor’s license,
registration in the register of companies); and
d) name and address (registered office) of the construction superintendent and the building inspector, and their
proof of entitlement.
(8) With a view to monitor construction activities for compliance with statutory provisions, the construction
regulatory authority shall be authorized to process the data referred to in Subsections (4) and (7) for three years
following the effective date of the occupancy permit, and may forward them to the authorities specified in specific
other legislation to the extent specified therein.
(9) In connection with the commencement and continuation of construction activities governed by the Public
Procurement Act or the commencement of construction activities specified in specific other legislation the
construction superintendent and the building inspector shall be required to enter in the construction journal their
personal data indicated below in the interest of monitoring construction activities for compliance with the relevant
regulations:
a) name and address (registered office);
b) proof of entitlement specified in specific other legislation.
(10) The construction regulatory authority shall keep records of the data specified in Subsections (4) and (7).

Section 59.

(1) In the interest of having a violation of public interest eliminated, the public prosecutor may also file an appeal
against the building authority’s resolution in the second instance within the period of appeal available to the parties.
(2) The public prosecutor, acting within his legal supervisory authority and based on the relevant legal regulations,
shall participate in ensuring the lawful operation of the building authority’s regulatory proceedings and decisions.

Entry into force and interim provisions

Section 60.

(1) With the exception of Subsection (2), this Act shall enter into force on 1 January 1998.
(2) The provisions on compensation prescribed in Section 30, the provisions related to settlement planning,
architectural and engineering planning, technical experts, building inspection authority and to zoning and
architectural tenders, furthermore the provisions of Section 41 and Paragraph j) of Subsection (2) of Section 62 of
this Act shall enter into force on the 8th and on the 60th day following promulgation of the Act respectively.
The provisions of Section 30 of this Act shall be applied as of the entry into force of this Act regarding the
changes in zoning regulations prevailing on the basis of previous zoning maps, which were injurious to owners, and
prohibitions whether ordered by a single resolution or not.
(3) The valid general zoning plans prepared in accordance with the formal requirements set forth in previous legal
regulations shall be employed without changes until amended or until 31 December 2003 in the case of towns of
county rank, other cities, Budapest and its districts and until 31 December 2007 for others.
(4)
(5)
(6)
(7)
(8)
(9)
(10)

Section 61.

(1) Where a legal regulation

a) mentions general development plan, it is to be understood as structural plan,
b) mentions basic plan or detailed development plan, it is to be understood as the local building code and zoning
map,
c) uses the term „state administration” with regard to zoning, it is to be understood as „public administration”.
(2)

Section 62.

(1) The Government is hereby authorized to decree:

a) the designation of the building authority or authorities, and the designation of the construction regulatory
authority or authorities,
b) the professional requirements and personnel and material conditions for the activities of chief government
architects and the chief architects of communities and counties;
c) the requirements defined in Section 53;
d) the detailed regulations on imposing construction fines;
e) the specifications, requirements and the procedure for the exam relating to building and construction;
f) the detailed regulations on conducting building inspection activities;
g) the national professional requirements for town planning, lot formation and structures and the deviations
allowed;
h) the general regulations on the activities of building inspectors, construction and building experts, town planners,
town and country planning, and the activities of architectural and engineering designers regarding the development
and protection of the man-made environment, and for the entitlement to engage in architectural and engineering
planning activities;
i) the conditions for the establishment and operation of records and registers and data disclosure (databases and
information systems) used for the activities in the sphere of construction regulation;
j) the regulations on the building authority’s regulatory licensing, operation and inspection of elevators and
escalators and the activities of elevator experts and inspectors and their further training;
k) the regulations concerning the certification of energy consumption of buildings, and the fees payable for such
certification;
l) the regulations relating to the designation of building authorities and construction regulatory authorities
pertaining to building structures used for the purposes of defense, military and national security, and the special
requirements set out in Section 53, and the special provisions for the authorization and obligatory proceedings of
building authorities, the detailed professional regulations on inspections by the building authorities and construction
regulatory authorities, the content requirements for the resolutions and rulings of authorities and architectural and
engineering plans, and the special regulations relating to the records and registers required for these activities;
m) the detailed rules for design contests organized in the field of architecture and engineering;
n) the detailed regulations for the recognition of professional qualifications and vocational skills with regard to
construction trades in relation to the Government Decree on Professional Qualifications Obtained in Higher
Education;
o) the professional requirements for engaging in construction operations, for keeping the construction journal, for
the activities of construction superintendents, the notification of commencement of construction, the evaluation of
notifications, for engaging in building inspection activities and for imposing building supervisory penalties, and the
content requirements relating to proposals and building project plan documentation, and the procedure for the
examination of building project plan documentation;
p) the detailed regulations for the advanced training of town planners, architectural and engineering designers,
building experts, building inspectors, construction superintendents and administrators of building authorities and
construction regulatory authorities;
q) the regulations concerning entitlement for town planning, zoning and architectural and engineering planning
committees, and the requirements in terms of architectural distinction and preservation;
r) the mandatory layout for contracts for construction works;
s) the regulations governing the procedures of building authorities;
t) the detailed regulations on the technical requirements, certification of approval, marketing and use of building
materials, fixtures and equipment;
u) the requirements and detailed regulations for the budgeting of construction works and building projects,
estimates and itemized breakdown of costs, including the definition of labor charges by man-hours, the definition of
extras and overtime work, and the billing of these costs and charges;
v) the mandatory layout for design contracts and for contracts for professional services of experts.
(2) The Minister is hereby authorized to establish
a) the detailed trade regulations on lot formation, on ordering lot formation and building prohibition and on
providing replacement lots,
b) the content requirements for architectural and engineering plans,
c) together with the minister in charge of environmental protection and the minister in charge for youth policies
the conditions for the implementation and operation of community and recreational lodging places for non-
commercial purposes, in terms of construction, landscape and nature preservation,
d)
e) the detailed professional regulations on inspections by the building authorities,
f)-g)
h) the procedure for the application and authorization of national standards, technical specifications and technical
solutions which are similar or equivalent in guaranteeing compliance with the fundamental requirements set out in
Paragraphs c)-h) of Subsection (2) of Section 31;
i) the regulations for the authorization and obligatory proceedings of building authorities, the content requirements
for the resolutions and rulings of building authorities and construction regulatory authorities, and for the procedures
for the authorization of large scale restoration works on buildings damaged during an official state of emergency;
j)
k) the order of business of the Hungarian National Committee for World Heritage,
l) the professional regulations on the protection of local architectural heritage,
m) the detailed rules for the calculation of units of biological activity for specific areas, in agreement with the
minister in charge of environmental protection and Water Management;
n)-o)
p) the professional requirements defined in Subsection (2) of Section 53 and, in addition to the provisions of the
Government Decree on the Education Requirements of Public Servants, the method of training
q) the detailed regulations on the formal requirements for structural plans, local building codes and zoning maps,
in conjunction with the ministers concerned,
r) the rules for the administration and use of the Appropriation Chapter;
s) the rules for the calculation of land prices for the purposes of administrative proceedings;
t) the detailed regulations for the award of citations by the Minister and for the calculation of the amount of grant
to go along with it
by decree.
(3) The Minister is hereby authorized to decree - in agreement with the minister in charge of taxation - the
administrative service fees payable for the granting of entitlements to exercise profession and for the maintenance
and updating of records and registers, and for the proceedings of the building inspection authorities opened upon
request - and expedited according to Subsection (5) of Section 34 -, or in connection with elevators and escalators,
and the service fees on mandatory technical safety reviews.
(4) With regard to unique types of structures, and protected buildings of historical value the competent minister,
according to the type of the structure shall, in accordance with this Act and in agreement with the Minister, exercise
the regulatory responsibilities described in Subsection (2).
(5) The minister in charge of regional development and land use planning is hereby authorized to decree - in
agreement with the Minister - the detailed content requirements for local development strategies.

Compliance with the Acquis

Section 63.

This Act contains regulations that may be approximated with Article 24 of Directive 2004/38/EC of the European
Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to
move and reside freely within the territory of the Member States amending Regulation (EEC) No. 1612/68 and
repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC,
90/365/EEC and 93/96/EEC, and Articles 9 and 16 of Directive 2006/123/EC of the European Parliament and of the
Council of 12 December 2006 on services in the internal market.