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Accommodation declaration

legal background:

Section 42(3) of the Road Traffic Act provides that “water from outside the public road may be discharged into a ditch, drain or other drainage facility constituting public road infrastructure only with the consent of the public road operator.”

Pursuant to Section 47(10) of Government Decree 253/1997 (XII.20.) on national settlement planning and building requirements (OTÉK), “rainwater from the plot must be discharged into the public open drainage ditch only through a closed section pipe and below the street pavement level. If the drainage ditch is part of the public road, the introduction of rainwater from the surrounding area – from the plots – into it may only be carried out with the consent of the road operator.”

filing an application:

Section 6(1) of ITM Decree 26/2021 (VI. 28.) on road administration provides for the content of the application for the consent of the public road operator for the use of the road area. According to this, the following details must be provided:

  • location of use (municipality, parcel number, expressway number and km section; we recommend using the http://mkif.hu/terkep/, https://kira.kozut.hu and https://utszamkereso.kozut.hu websites for identification)
  • nature and purpose of the work, name of the water installation
  • the designer’s chamber number(s), licence(s) or designer’s declaration
  • the name and address of the person requesting the consent, in whose interest the request is made (in the case of a natural person: name, address, telephone number, e-mail address; in the case of a legal person: name, registered office, company registration number, telephone number, e-mail address)
  • number of the water establishment/operation permit in force
  • the name and contact details of the person responsible for ensuring compliance with the conditions of the public road operator’s consent; and
  • the owner and operator of any structure or other facility located on, under or over the public road as a result of the use and their contact details.

Please submit the application for public road operator’s consent by post to MKIF Hungarian Concession Infrastructure Development Plc. (2040 Budaörs, Akron utca 2., Hungary) or digitally in pdf format to [email protected].

annex:

Minimum annexes to be submitted pursuant to Section 6(2) of ITM Decree 26/2021 (VI. 28.):

  • water permit design documentation or plan showing the use (site plan, sketch, technical description)
  • the horizontal and vertical design of the stormwater drainage system to be installed (construction lengths, diameters, sample cross-sections, materials, inlets, sinkholes, sediment traps and treatment structures)
  • maintenance documents for treatment works in operation
  • it must be demonstrated by approximate hydrological calculation and hydraulic sizing that the drainage system has adequate capacity to accommodate the water flow
  • details of the quantitative, qualitative and ecological impact on the accommodating structure
  • a traffic management plan for all phases of the works, including the temporary traffic regime during the periods when work is suspended (periods outside working hours, rest days).

administrative time limits:

According to Section 6(2) of ITM Decree 26/2021 (VI. 28.), the public road operator shall decide on the application within 21 days of receipt, which may be extended by the public road operator once by a maximum of 10 days.

The public road operator shall refuse consent if the planned use would result in a significant deterioration of the condition of the road, would cause serious damage to or would endanger the safety and continuity of road traffic, and this cannot be avoided by setting the conditions for use, and if the use would interfere with the performance of the public road operator’s maintenance and operational tasks or the implementation of its network development and modernisation plans and programmes.

Validity of the public road operator’s consent:

If an operating contract has been concluded for the accommodation, until the date specified in the contract or, failing that, until the expiry of the water operating permit