The general sources of law in this regard are Act C of 2023 on the Hungarian Architecture and Government Decree No. 280/2024. (IX. 30.) on the General Regulations of Settlement and Building Requirements (TÉKA). These primary sources of zoning laws apply throughout the entire country.
Based on these primary sources, local governments and municipalities must adopt their structural plans, zoning maps and local building and townscape codes applying to the given locality or municipality, in accordance with the requirements specified by law.
Last modified 13 Mar 2025
In principle, construction of a new building is subject to the permit of the relevant building authority.1
Depending on the technical contents of the works, in certain cases no permit is required, although a notification may need to be delivered to the building authority before commencing certain construction works.2
In general, refurbishment of existing buildings is not subject to building permit.
Furthermore, depending on the local regulations applicable to the given locality or municipality, the specific opinion of the municipality's competent body may be required with regard to the conformity of the planned works with the municipality's townscape requirements.
In the case of historic buildings subject to some form of heritage protection additional permits or consents may need to be obtained from the building authority for refurbishment works.
In the case of certain commercial buildings or units with a gross floor area of over 400 square meters a special licensing procedure applies (where the consent of additional authorities may also be required).3
1Government Decree 312/2012, 17.§ (1)
2Gov.Decree 143/2018 on detailed rules of designated function amendment procedure, 1.§
3Government Decree 143/2018 on detailed rules of designated function amendment procedure, 1.§
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Where a building permit is required, the structure must comply with applicable national standards and minimum requirements. As far as appearance and method of constructions are concerned, local municipalities may introduce specific requirements in their local building codes or their townscape regulations. Requirements may vary between different zoning blocks of a municipality.
Additional restrictions apply to buildings that are subject to some form of heritage protection (either national or local), in these cases the building authority may prescribe the use of certain materials, colours or design elements for the refurbishment of the building.
Last modified 13 Mar 2025
The structural plans, zoning maps and local building codes may specify the different designated functions for which a new building may be built in a given zoning block.
Generally, the change in the designated use of an existing building does not require a permit, however a building permit may be required if construction works are implemented in connection with a change in the designated use. Nevertheless, in case of change in the designated use of an existing building, the municipality shall carry out a town planning notification procedure.1
If a building permit is required the building authority will decline to issue a building permit in case the intended new use is not allowed for in the local structural plan, zoning map and local building code applicable to the given zoning block.
As an exception, a permit is required for the change in the designated use of certain retail buildings and units with a gross floor area of over 400 square meters if the designated use of the given building or unit is intended to be changed into commercial function. Some other exceptions are also defined by law whereby a specific permit is required to be issued. In these cases, special licensing procedure applies (where the consent of additional authorities may also be required).2
1 Act C. of 2023 on the Hungarian Architecture, 97. § (2) cb)
2 Government Decree 143/2018 on detailed rules of designated function amendment procedure, 1.§
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There is a two-tier system is Hungary: general rules are laid down in Act C of 2023 on the Hungarian Architecture and Government Decree No. 280/2024. (IX. 30.) on the General Regulations of Settlement and Building Requirements (TÉKA) which applies throughout the entire county. The responsibility for regulating development and designated use of individual parcels lies directly with the local governments and municipalities which must adopt their structural plans, zoning maps and local building codes.
The procedural rules of obtaining permits and making necessary announcement towards building authorities are laid down in specific legislation.
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This depends on the nature and volume of the development. In certain cases, where the development is likely to have a significant impact on the environment, an environmental impact assessment must precede the building works.
Also, if the development is planned on a site that is subject to some form of archaeological protection, then an archaeological study must be prepared on the basis of which the archaeological authority may require the developer to carry out excavations or to employ an archaeologist during the groundwork phase to continuously monitor and direct the works.1
Other large-scale developments may also require archaeological monitoring works in accordance with the relevant legislation.
1Act LXIV of 2001 on protection of cultural heritage, 22. §
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If required by law, an environmental impact assessment (EIA) must precede the licensing process.
As a first step, the technical documentation for the development/construction must be prepared. Based on this documentation, a request for the issue of a building permit is then submitted to the relevant building authority.
As a principle, construction works are subject to building permit issued by the competent building authority. However, the relevant government decree contains a list of the construction activities for which no building permit is required, although a notification (egyszerű bejelentés) may needs to be submitted to the building authority before commencing certain construction works.1 In some cases even though neither a building permit, nor a notification (egyszerű bejelentés) is required, the local municipality shall conduct a town-planning notification procedure (településképi bejelentés); while in other cases the local municipality is only entitled to conduct such procedure but it is not mandatory.2
Special integrated permitting procedures are available for industrial and large-scale development projects, through which the developer can obtain other additional permits in conjunction with the building permit.3
Usually, developers decide on the planning and permission strategy and the sequence of obtaining the various permits, after having consulted with an engineering consultancy and the competent authorities, in order to ensure that the permission process is carried out in the most cost and time efficient way.
As an exception, a permit is required for the change in the designated use in case of certain retail buildings and units with a gross floor area of over 400 square meters.4
1Government Decree 281/2024., 16. §.
2Government Decree 419/2021., 46. § (1)-(2); Annex 13.§
3Government Decree 281/2024, 29-34.§§
4Government Decree 143/2018 on detailed rules of designated function amendment procedure, 1.§
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Building permits may only be challenged in front of the competent court. Only (i) clients of the building permits proceedings, (ii) those whose rights / lawful interests are harmed consequently to the issued building permits, (iii) third parties specified by law (civil institutions, public prosecutor) and (iv) interested third parties may file a suit.
The building authority invites those stakeholders to participate in the building permits proceedings whose rights or legal interest are directly affected by the permit.1
Generally, the following stakeholders are invited to participate as clients:
In the case of industrial or large-scale developments a wider range of stakeholders may be invited as clients, such as NGOs, environmental protection associations or owners of property located within a given radius of the planned development.
1Gov.Decree 213/2012, 4.§ and Act of CL of 2016 on General Public Administration Procedures, 116.§ (1)
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Yes, judicial review of a building authority’s decision is available, the decision of the building authority can be challenged before an administrative court.
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The time available for the building authority to assess the application and make a decision (issue the building permit) is usually 25 days; however, time limit of 35 days applies to cases when any special authority is involved in the assessment. If further documents need to be submitted, the process can take considerably longer.1
1 Gov. Decree 312/2012 (XI. 08.) 14/A§ (1)-(2)
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No, it is a one instance procedure, and therefore the building permits may only be challenged in front of the competent court.
Last modified 13 Mar 2025
It has become rather common in recent years for developers to sign a community development agreement with the local municipality, in which the developer undertakes to finance the re-zoning costs of the development area, to carry out certain public works, such as landscaping or the construction of roads, public parking spaces or pavements. In normal cases, the works and structures so constructed would thereafter be handed over to the local municipality free of charge, while the local municipality undertakes to make its best endeavours to implement the requested modification of the zoning requirements.
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The building permit is valid for four years from the date on which it becomes final and binding, and if the construction activity has been commenced during such validity period, the construction activity may continue for six years from the date of the first handover of the worksite. Such deadlines cannot be extended.1 The occupancy permit is valid for an indefinite period of time.2
1 Government Decree 281/2024 (IX. 30.) 28. § (1)-(2)
2 Government Decree 281/2024 (IX.30.) 38.§ (3)
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The building authority has the power to stop the construction works or to levy fines on the developer for non-compliance.1
If a building or part of a building was completed unlawfully or in a defective manner, the building authority shall, at the request of the developer or the owner, grant a continuation permit for such building or part of a building, provided, among various other conditions, that the building or part of the building is not considered to represent a direct threat to human life and health, and that the technical and other requirements prescribed by law are met, or these can be met by other means and that the regulations on the protection of historical monuments are not violated.2
However, if a building or part of a building was completed unlawfully or in a defective manner, the building authority shall order the obligation of performance of the work necessary for compliance; or the demolition of the building where a continuation permit cannot be issued. In addition, the building authority can impose fines on the developer concerned if a building has been completed unlawfully or in a defective manner.3
1Gov. Decree 312/2012 (XI. 08) 65.§,67.§
2Act LXXVIII of 1997., 48/A.§ (1)
3Act LXXVIII of 1997., 48/A.§ (2)
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Does public law control the detailed design, appearance and method of construction of any new building?
Where a building permit is required, the structure must comply with applicable national standards and minimum requirements. As far as appearance and method of constructions are concerned, local municipalities may introduce specific requirements in their local building codes or their townscape regulations. Requirements may vary between different zoning blocks of a municipality.
Additional restrictions apply to buildings that are subject to some form of heritage protection (either national or local), in these cases the building authority may prescribe the use of certain materials, colours or design elements for the refurbishment of the building.
Last modified 13 Mar 2025