Rules of the registration of cultural heritage in Hungary with special regard to archaeological sites and protected monuments

(Issues concerning property development and property due diligence reviews in connection with archaeological findings and monuments)

Act LXIV of 2001 on the Protection of Cultural Heritage (the "Act") states that archaeological authority is exercised at first instance level by the regional offices of the National Office of Cultural Heritage (in Hungarian "Kulturális Örökségvédelmi Hivatal", address H-1014 Budapest, Táncsics Mihály utca 1.) (the "Office"), the president of the Office having competency to make decisions in particular cases as the second instance authority. In general, during a building licensing process the first instance building authority liases with the Office in order to check the status of a particular property.

One of the most important principles of the Act is the protection of the integrity of each archaeological site, which should remain untouched and preserved in its original state. From this principle it follows that developments and excavations are permitted on archaeological sites only to the extent that the integrity of the archaeological heritage is not harmed and the number of such sites is not considerably diminished. The archaeological sites may be declared protected for an indefinite period of time by ministerial resolution. Temporary protected status may be granted to an archaeological site by an immediately enforceable resolution of the Office. This protected period lasts for ninety (90) days, and can be extended once by an additional ninety (90) days. A salvage excavation should be completed during the protected period.

Taking this into consideration, it is generally advisable to gather information about the property before the beginning of the development process and the start of any earthworks. The inquiry may start with the owners of neighbouring plots, as if there has been any archaeological excavation on these properties it may indicate that our property may also be subject to archaeological investigation.

From 1999 the Office has maintained and updated a central registry of the Hungarian archaeological sites and the related excavation licences and other protected monuments which are classified as part of the Hungarian cultural heritage. The central registry and the database maintained by the Office are open to the public and officially certify the level of protection of a particular property. The registry has almost one hundred thousand (100,000) sites registered countrywide. The register gives such details of the protected property as are necessary to identify it, such as the owner and the date of registration of the title.

There are two separate registries supervised by the Office: the registry of archaeological sites and the registry of monuments. The two registries have a similar structure to the land registry system and interested parties wanting to check the status of a property may apply to the Office. The Office issues a certificate that describes the details of a particular property. The application fee payable to the Office is currently HUF 1,500.

Both the protected and the archaeological status of a property also have to be registered at the land registry, which is administered by the Office. The land registry is obliged to indicate on the property sheets the protected status of those properties which have been declared protected sites by ministerial regulations. Unfortunately this register is not up to date and although the Office has started to revise the registering system and make a thorough catalogue of the sites it is far from being complete.

It is important to note that earthworks are not generally permitted on known and registered archaeological sites. However if development on the site cannot be avoided, due to unreasonable costs connected either with relocation or with the fact that it would not be possible to complete the development, the site has to be pre-emptively excavated.

If the Office orders pre-emptive excavation the developer of the site has to contract with the competent county museum. This contract must be approved by the Office. It is preferable to bring in the experts of the Office in the early phase of negotiating the contract, since this may help to reveal the problems earlier and costs may be spared.

Section 23 of the Act states that the whole cost of the pre-emptive excavation, such as the cost of primary conservation and documentation, has to be covered by the developer of the site, subject to a minimum amount of 0.009% of the budgeted costs of the planned development.

The application for the excavation approval is submitted to the regional office of the Office by the competent county museum together with the contract between the museum and the developer. The excavation may only be started after the Office issues an excavation approval, which cannot be appealed.

Before the excavation approval is issued the Excavation Committee (in Hungarian "Ásatási Bizottság") (a panel of experts) must give its expert opinion, on the basis of which the approval may be denied. The Excavation Committee usually holds its meetings once every two weeks but must convene at least once a month, holding a meeting on the first Monday of each month. It is advisable to collect and submit the applications a few days before this date.

The expert opinion must be issued within thirty (30) days, which deadline may be extended once by eight (8) days. The decision concerning the application for the excavation approval and the licensing of the contract between the competent museum and the developer has to be made within thirty (30) days, which deadline can be extended once by an additional thirty (30) days in accordance with Act IV of 1957 on the Rules of Public Administration Proceedings.

The developer is entitled to solicit a preliminary declaration in connection with the conditions of authorization of the proposed development. The deadline for issuing the preliminary declaration is sixty (60) days. If the licensing process is initiated within one (1) year of issue the Office is bound by its preliminary declaration if the circumstances which were taken into consideration when the preliminary declaration was issued have not changed.

It is important to note that, in respect of those properties which qualify as part of the Hungarian cultural heritage, a pre-emption right is granted to the Hungarian State (which is exercised by the Office). The first ranking pre-emption right is granted to the Hungarian State, the second ranking to the local municipality.

For further information please contact Dr. Gábor Czike on +36 1 483 4800 or [email protected].