legal background:
According to Section 16(1) of Government Decree 210/2009 (IX. 29.) on the conditions for carrying out commercial activities, “no commercial activity may be carried out on the road area used for traffic, except for the pavement. Commercial activities affecting the safety of traffic on or adjacent to other parts of the public road may be carried out only with the consent of the public 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)
- 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
- the filling number(s) of the public road operator’s consent(s) issued by our Company (or its predecessor) for the existing high-rise structures, if available
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.):
- a brief description of the commercial activity to be carried out
- high-rise construction documentation for the proposed commercial facility, with associated visual plans
- the following must be indicated on the site plan:
- the edge of the pavement of the expressway and interchange branches, the expressway guardrail, the existing noise barrier,
- a stormwater drainage ditch, with its characteristic dimensions
- existing and planned utilities,
- the planned transport facilities (pavement, embankment, pavement width, ditch),
- the existing and planned final traffic patterns,
- proof that the loading space will be available to accommodate the number and type of vehicles required for its intended use and for regular freight transport, as provided for in Government Decree 253/1997 (XII.20.) on national settlement planning and building requirements (OTÉK)
- signs to be placed on the building, plans for totem poles, slope clearance test
- implementation plans for the water, electricity and waste water pipes supplying the installation, from connection to the premises
- a declaration on the method of disposal of waste and hazardous waste
- 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: until withdrawal