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Construction, placing in service and closure of roads, their works and appurtenances

legal background:

Pursuant to Section 5(3) of Government Decree 93/2012 (V. 10.) on the authorisation of the construction, placing in service and termination of roads, “the consent of the road operator shall be obtained by the developer prior to the submission of the application for authorisation in the authorisation procedures under this Decree.”

Types of official authorisations:

  • preliminary building permit,
  • building permit,
  • authorisation for placing in service,
  • retroactive building permit,
  • termination permit,
  • approval of the construction plan of the work,
  • authorisation to derogate from the building permit

If the construction activity is subject to the notification procedure pursuant to Section 4/A of Government Decree 93/2012 (V. 10.) on the authorisation of the construction, placing in service and termination of roads and Section 29(16) of the Road Traffic Act, the following annexes must be attached to the application:

  • simplified design documentation (site plan, sample cross-section, length section in the case of a separate footpath and road, design statement, technical description, draft change drawing with valid endorsement for registration in the land registry and pre-registered by the land registry),
  • a design statement, including any deviation from the technical road specifications and the justification for such deviation due to natural conditions,
  • in the case of a connection to a national road or construction on the territory of a national road, a derogation permit if there is a from the technical road specifications
  • an operator’s demarcation plan or equivalent demarcation declaration.

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)
  • 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)
  • the name and contact details of the person responsible for ensuring compliance with the conditions of the public road operator’s consent

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:

  • The complete design documentation required by Annex 1 to Government Decree 93/2012 (V. 10.) on the authorisation of the construction, placing in service and termination of roads, to be attached to each application for authorisation
  • a road safety impact assessment or road safety audit pursuant to Government Decree 133/2022 (IV. 7.) on road infrastructure safety management,
  • a deviation from the technical road regulations or a specific resolution pursuant to Decree NFM 16/2017 (V. 25.) on the rules for the development, issuance and publication of technical road regulations, if necessary
  • E-utility statement by the Lechner Knowledge Center

administrative time limits:

Section 5(4) of Government Decree 93/2012 (V. 10.) states that “if the road operator does not make a statement within 15 days of receipt of the developer’s notification, the consent shall be deemed to have been granted.” The developer must provide proof of receipt of the application for the public road operator’s consent.

Validity of the public road operator’s consent: 2 years

(In the case of investments previously carried out by NIF Zrt., the period of validity of the public road operator’s consent is 2 years, or until the expiry of the building permit if a final building permit is obtained within this period. If construction does not start before the expiry of the building permit, or if the building permit is extended or amended, the public road operator’s consent must be requested again.)