Forthcoming Changes to Hungarian Planning Regulations

From 31st of December, 2003 the zoning plans and the local building regulations for Budapest, other Hungarian towns and the individual Budapest districts may change considerably. Act LXXVIII of 1997 on the Structuring and Protection of the Built Environment ("Planning Act") and Governmental Decree 253/1997 on the Requirements for Countrywide Town Structuring and Building Rules ("Decree") initially granted a grace period for municipalities to enact the new local zoning plans and building regulations until 31st December 2003. During the grace period the old zoning plans and building regulations have remained in effect, unless they were replaced by the new local zoning plans and building regulations enacted by the municipality.

According to Section 60 (3) of the Planning Act, prior to the adoption of the new local zoning plans and building regulations by the municipality the old zoning plans based on the previous decree of the National Building Regulation (2/1986 (II.27) ÉVM) ("Old Decree") remain in effect until 31st of December, 2003 in Budapest, the individual Budapest districts and other Hungarian towns. For villages this grace period is extended until 31st December 2004. After the expiry of the grace period the old zoning plans and regulations based on the Old Decree cannot be applied, even for areas where the local municipality has failed to enact the new zoning plans and building regulations. In respect of such areas from 1st January 2004 the general rules of the Planning Act and Decree will be applied by the authorities when deciding on a building permit application. Pursuant to section 34 (2) of the Decree, if there is no zoning plan and local building regulation adopted in respect of a plot, the placing of the building is to be determined by the building authority in a preliminary building permit. This means that in most cases the developers of an unregulated plot will have to submit an application for a preliminary building permit first and can only submit the application for the final building permit after the preliminary permit has been granted.

In light of the above it is advisable for developers to check with the municipality whether the new zoning plan and building regulation required by the Planning Act and the Decree have been adopted. If a municipality has failed to adopt the new local rules by the relevant deadline, then the sections of the Planning Act and the Decree will be applied and the detailed requirements of the municipality should be clarified in a preliminary building permit application.

For further information, please contact Dr. Gábor Czike at [email protected] or on +36 1 4834800.