REALWorld Law

Planning / zoning

Designated use

Are there any legal restrictions on the designated use to which any new building may be put or on any change in the designated use of an existing building?

Hungary

Hungary

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. A permit is also required for the transfer of ownership or the creation or use of a unit separated from a larger unit for the purpose of selling daily consumer goods.2

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).

TÉKA introduces new rules and determines the minimum number of electric vehicle (EV) charging points to be established and the related deadlines. For example, existing parking serving retail premises with a net sales area exceeding 600 sqm, at least two parking spaces must be equipped with EV charging points. In facilities that provide parking for a fee, at least four from every 100 parking spaces must be equipped with EV charging points on an ongoing basis. Buildings already existing on the entry-into-force date must comply with the new rules of 1 January 2026. In all cases, 5% of the installed charging stations—but at least one—must be accessible.3

 


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.§
3 Government Decree 280/2024 (IX.30.), 60. § (5)-(7); 137. § (3)