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Land registry procedures

legal background:

Pursuant to Section 23(15) of Government Decree 384/2016 (XII. 2.) on the detailed rules of certain land procedures, “if the plot restructuring affects the area of an existing public road, the consent of the public road operator must be attached to the application.”

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:

Pursuant to Section 6(2) of ITM Decree 26/2021 (VI. 28.) and Annex 1 of Government Decree 384/2016 (XII. 2.):

  • technical description, name and section number of the road concerned
  • 1 copy of the title deed and 1 scale copy of the map
  • an endorsed change drawing, and
  • a plot restructuring layout plan (EOV correct in editable and non-editable digital format), including:
  • the parcels of land affected by the plot restructuring,
  • the state after plot restructuring,
  • the existing structures on the parts of land affected by the plot restructuring,
  • the boundaries of the areas subject to easements and other rights registered in the land register,
  • buildings under demolition
  • the distance of all buildings in the area affected by the plot restructuring from the proposed parcel boundary,
  • the size of the resulting land parcel

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: 2 years