REALWorld Law

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

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.

Effective as of 1 January 2025, the previously effective code on urban planning and building requirements (Government Decree 253/1997 (XII.20); OTÉK) was replaced by TÉKA. However, certain procedures initiated before 1 July 2025 will still be subject to OTÉK. Among others, the new regulation governs land development and specifies detailed rules for the construction, conversion, extension, renovation, restoration, and demolition of buildings.¹ In addition, TÉKA introduces a new, standardized conceptual framework for building zones and it also establishes unified rules for developments on plots.

TÉKA’s transitional and entry-into-force provisions complexly determine which law (OTÉK or TÉKA) shall be applicable, when, and to which procedures. Determining the governing norm requires a case-by-case, careful assessment. Accordingly, pending matters may still be governed by the OTÉK, whereas new matters are, as a rule, governed by TÉKA within the scope and time limits defined by its transitional regime.

The local building codes (helyi építési szabályzat or HÉSZ in Hungarian) and the TÉKA must be applied jointly as a rule, and the local building codes cannot automatically override TÉKA’s general, mandatory framework provisions.² The local building codes may deviate from the TÉKA only where the TÉKA grants express authorization, and then strictly within the limits of that authorization. TÉKA explicitly lists those matters in which a local building code may deviate from generally applicable TÉKA provisions; in such cases the TÉKA may also require obtaining the mandatory opinion of the chief architect.³

In the absence of a valid local building code provision, TÉKA and the Act C of 2023 on the Hungarian Architecture shall be applicable.

 

[1] Government Decree 280/2024 (IX.30.), 1. §, 134-137. §

[2] Government Decree 280/2024 (IX.30.), 1. § (2)

[3] Government Decree 280/2024 (IX.30.), 20. § (4)

Last modified 17 Mar 2026

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

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). By way of example, a permit is 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. ³

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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.§

Last modified 17 Mar 2026

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

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 17 Mar 2026

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

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

 

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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)

Last modified 17 Mar 2026

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

There is a two-tier system in 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 apply throughout the entire country. 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.

Last modified 17 Mar 2026

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

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 based on 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. In 2025, some new provisions were introduced, not only in the field of archaeology, but also in the field of cultural protection in general. These new provisions mainly include procedural rules, execution of archaeological works, harmonization with construction works, documentation, and the establishment of new expert committees.¹ Overall, the administrative process has been simplified and standardized, and an electronic process has been introduced. ²

Other large-scale developments may also require archaeological monitoring works in accordance with the relevant legislation.

 

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¹Government Decree 68/2018 (IV. 9.) 4. §
² Act LXIV of 2001 on protection of cultural heritage, 22. §

Last modified 17 Mar 2026