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Placing of a building subject to public authorisation

legal background:

Section 36(3) of the Road Traffic Act states that “if the use of the area of a public road for non-traffic purposes is necessary for the purpose of placing a building subject to a permit from an authority, the use for non-traffic purposes shall also be decided – with the consent of the public road operator – in the construction (installation) permit procedure. If the applicant considers that the refusal of consent or the conditions laid down in the consent are prejudicial, the authorising authority shall decide on the use of the road for non-traffic purposes on the basis of a statement by the transport authority.”

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, description of the technology to be used
  • 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 length, width and size of the road area to be occupied;
  • 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.):

  • the plan (site plan, sketch, technical description) indicating the use,
  • a longitudinal or cross-sectional plan of the road section concerned, indicating the drainage solution, if this is necessary for the assessment of the application,
  • 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: 2 years