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Use of property adjacent to a public road

legal background:

Pursuant to Section 42/A(1)(a) of the Road Traffic Act, “the consent of the public road operator is required for the placement, extension or change of use of a building within fifty metres of the axis of the public road in non-built-up areas, or within one hundred metres in the case of highways, motorways and main roads, the installation or extension of track-type structures, the extraction of stone, gravel, clay, sand or other mineral raw materials, and the planting or felling of trees within ten metres of the boundary of the public road…”

In addition, the consent of the public road operator is required “in built-up areas, for the construction, extension or change of use of industrial, commercial, catering or other service buildings on the roadside, and for the installation or extension of track-type structures within the traffic and utility area specified in the local building regulations or the regulatory plan, and for the planting or felling of trees within two metres of the boundary of the road”.

Consent is also required from the public road operator “if the slope of the installation to be placed crosses the boundary of the public road”.

Section 31(3) of MT Decree 30/1988 (IV. 21.) provides that in the case of a section of a public road outside a residential area, the provisions applicable to non-built-up areas shall apply.

In order to ensure the non-built-up character of the expressway, as a general rule, the high-rise structure should not be closer than 100 metres to the axis of the expressway and 60 metres to the axis of the highway junction. When parking areas and service roads are located within the property, they must not be closer than 80 metres to the axis of the highway or 50 metres to the axis of the junction branch. For established construction lines, an individual assessment is required.

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 nature and purpose of the work
  • 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:

Minimum annexes to be submitted pursuant to Section 6(2) and (4) of ITM Decree 26/2021 (VI. 28.):

  • building construction documentation for the proposed building, with associated visual plans
  • the land registry data necessary to identify the property concerned
  • the following must be indicated on the site plan:
  • the edge of the pavement of the expressway and junction branches,
  • a stormwater drainage ditch, with its characteristic dimensions
  • expressway crash barrier, existing noise barrier wall,
  • existing and planned utilities,
  • the planned high-rise structure, 
  • the planned transport facilities (pavement, embankment, pavement width, ditch), 
  • the existing or planned fencing of the property, 
  • the existing and planned final traffic patterns,
  • the distance of the proposed structure, fence or tree from the axis, protective fence or ditch of the expressway
  • lighting plans for the building and car park on the property
  • 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)
  • plans for signs to be placed on the building and totem poles, which must include:
  • the structural design documentation,
  • the foundation design documentation,
  • details (dimensions) of the high structure (sign image).
  • design documentation for the lighting of the sign.
  • slope distance test
  • plans for the construction of utilities on the property (utility general plan),
  • 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