In the previous article in our series on the key provisions of Hungary’s Act C of 2023 on Hungarian Architecture (“HAA”) and certain related regulatory issues, we took a look at the requirements that apply to buildings and construction products.
This article gives an overview of the rules that govern the design of buildings and permission procedures, with special emphasis on Government Decree No. 280/2024 (IX. 30.) on the fundamental rules of zoning and construction requirements (“TÉKA”), which will replace Government Devree No. 253/1997 (XII. 20.) on national zoning and construction requirements (“OTÉK”) as of 1 January 2025.
1. General provisions
With the HAA taking effect, the statutes that regulate zoning and construction requirements have also been updated, and hence the OTÉK will be replaced by the TÉKA as of 1 January 2025.
The TÉKA will generally preserve the structure of the OTÉK, but will include many new chapters and titles. This will create a more clearly structured set of rules, although designers and developers will undoubtedly have to be mindful a large number of material changes. This article gives a detailed account of the new features of these new elements and of the TÉKA to allow you to prepare for the changes.
Scope
Albeit marginally, but the scope of the TÉKA has been extended compared to the OTÉK, because areas may only be used as a site for a building, building designs may only be prepared, structures and landscape projects may only be built, altered, extended, renovated, refurbished, modernised, moved or demolished, and their purpose may only be modified in accordance with the provisions of the TÉKA, the relevant industry regulations and local building codes. [OTÉK, Section 1(1) TÉKA, Section 1(1)]
The new element in the TÉKA is that it will also be applicable to landscape projects.
The role of the TÉKA as general framework legislation is underlined by the fact that it will be directly applicable in settlements that have an incomplete local building code or do not have one at all. [TÉKA, Section 1(5)]
Definitions and diagrams
The terms used in the OTÉK are defined in Schedule 1, whereas TÉKA includes the definitions under a separate title as part of the provisions on the interpretation of the statute. [OTÉK, Schedule 1 TÉKA, Section 5]
In view of the new requirements introduced by the HAA and the latest developments in construction techniques and technology, the TÉKA uses a more extensive set of definitions than the OTÉK and it also includes a collection of diagrams in a schedule. [TÉKA, Schedule 2]
Just as the HAA, the TÉKA has also added a large number of construction law terms; more specifically, the TÉKA includes 183 defined terms, whereas the OTÉK only has 137.
Zoning principles and construction requirements
Although the OTÉK does not state any fundamental requirements for townscapes expressly, it does include some implicitly. The TÉKA only makes minor amendments to these requirements. Under these, the activities listed in paragraph [3] above must be performed with a view to ensuring that an organic connection exists between a settlement and the surrounding landscape, the landscape is protected, any building or landscape project is sited so that it fits the landscape, the ecological system of the relevant settlement is protected, its architectural identity and values are preserved and its general architectural quality is improved, the views of architectural and archaeological heritage and of the landscape, including sightlines from a particular plot are protected, an environmentally conscious and sustainable approach is used, and the requirements for a circular economy are taken into account. [OTÉK Section 2 TÉKA Section 2]
Derogations from the TÉKA in a zoning plan
In the preparation or modification of a zoning plan, the options for derogations from the provisions of the TÉKA are limited:
a) General derogation: where the TÉKA allows a zoning plan to set unique rules, permit the construction of buildings in areas zoned for construction, and where primarily the provisions of the local zoning plan rather than those of the TÉKA must be applied. [TÉKA, Section 3(1)a) and Section 3(2)]
b) Chief Architect’s derogation: A zoning plan may only deviate from the TÉKA if this allowed by the TÉKA and the National Chief Architect issues a reasoned opinion in support of the derogation, which does not create an obligation for the government to pay any compensation. [TÉKA, Section 3(1)b) and Section 3(3)]
c) Individual derogation: On the basis of a reasoned application, individual derogation must be granted from requirements pertaining to the building ratios, parking spaces and bicycle storage spaces specified in the TÉKA and the local zoning plan in the case of construction activities that are subject a building permit, simplified notification or heritage protection permit if the relevant conditions of the TÉKA are met. [TÉKA, Section 4(1)]
By granting the option of minor derogations where local zoning plans may deviate from the TÉKA, and individual projects from the local zoning plans and the TÉKA, the TÉKA has created a much more flexible set of rules than the OTÉK.
2. Land use
Following the structure of the OTÉK, the TÉKA also regulates land use matters in Chapter II; however, with certain structural changes, it introduces a unified set of rules for general land use. The TÉKA makes a clear distinction between general and unique cases of land use.
When it comes to general cases of land use in the regulation of construction activities, the TÉKA, just as the OTÉK, distinguishes between two main types within the administrative territory of a settlement:
a) area zoned for construction: a built-up area zoned for further construction, where the permitted building coverage ratio of building plots is at least 10% (such as metropolitan residential areas, urban residential areas, suburban residential areas, commercial and service areas, industrial areas, recreational areas with cottages);
b) area not zoned for construction: an area where the permitted building coverage ratio of building plots is not more than 10%. This does not apply to manors and farmsteads, and to cases where the local zoning plan may state a higher building coverage ratio for special areas not zoned for construction, public utility sites and telecommunications equipment sites (not including the administrative territory of settlements in the recreational area around Lake Balaton). Areas not zoned for construction include, for example, public roads, public utility sites, telecommunications equipment sites, public parks, protection forests and water management areas. [OTÉK, Section 6 TÉKA, Section 6]
The TÉKA also specifies cases of unique land use. Unique land use means cases where local zoning regulations define, within the general cases of land use specified in paragraph [13] above, unique purposes of use and the related areas as zones for construction or as zones in the light of local circumstances. [OTÉK, Section 6(6) TÉKA, Section 7(1)]
Lands that are zoned for construction must be classed in various construction zones, whereas lands not zoned for construction must be classed in zones. [OTÉK, Section 6(6) TÉKA, Section 7(2)]
Building ratio limit
Building ratio limits are stated in Schedule 1 to the TÉKA in a tabulated form, just as in Schedule 2 to the OTÉK.
It should be noted that the TÉKA introduces many modifications with regard to the limit values. The key changes concern the permitted roof decking height and the minimum required green area (e.g. the size of green areas will increase from a minimum of 10% to 15% in the case of metropolitan residential areas). [OTÉK, Schedule 2, Section 1 TÉKA, Schedule 1, Section 1]
The change concerning the minimum required green area is very prominent in the case of lands not zoned for construction: for example, the OTÉK does not include any rules for green areas in the case of lands zoned for public roads at all, whereas the TÉKA requires a mandatory ratio of 5%. The mandatory minimum green area will not change for public parks and public squares, where the ratios are 70% and 60%, respectively. [OTÉK, Schedule 2, Section 2 TÉKA, Schedule 1, Section 2]
The method of how permitted building height is defined will also change. For easier understanding, the changes are highlighted in the table below:
| OTÉK | TÉKA | |
| Factors used | 1. building height; 2. façade height; OR 3. roof decking height; [OTÉK, Section 7(3a)] |
1. greatest permitted roofline height under the local building code; AND 2. the highest permitted point of the building [TÉKA, Section 9(1)] |
Schedule 2 to the TÉKA includes diagrams to help in the determination of permitted building height through the illustration of various combinations (pitched-roof building on flat terrain; pitched-roof building on sloped terrain; flat-roof building on flat terrain; flat-roof building on sloped terrain). For example, the permitted building height of a pitched-roof building on flat terrain is determined as follows:
The TÉKA encourages the use of natural building materials by allowing a larger built-up area ratio on building plots: the largest built-up ratio permitted in the local building code can be increased by a factor of 1.2 in the construction of new residential buildings and guesthouses or in the extension of existing ones if the load-bearing structures of the new or existing building (other than the foundation) are made exclusively of natural building materials, including soil, mud, clay, adobe, straw, hemp, reed, thatch, wood, rubblestone and pulp. [TÉKA, Section 8(9)]
Designating new zones for construction and new residential zones
In order to increase the size of green areas, the TÉKA sets minimum values for the size of new green areas and forest areas (must be at least 300 m2 and may not be further than 1,000 metres away from the boundary of a newly designated zone for construction). Additionally, the TÉKA states that when an area is zoned for construction as a public space, the related area reserved for roads must be set up in a way so as to allow the creation of a green strip on both sides and the planting of a line of trees on at least one side. [HAA, Sections 13(1) and (2)]
A new residential area may only be zoned if:
a) the local authority reviews the density of existing areas zoned as residential in the local building code and founds that demand for residential buildings can only be met by zoning new residential areas,
b) the local authority determines that the capacity of roads, and in particular, that of intersections and connecting routes related to the newly designated residential area, will not be overmatched, and
c) the local authority or the developer agrees to build a playground within the newly zoned area if at least 15 new residential buildings are built, and a public garden or public park with an area of at least 500 m2 within the newly zoned area if at least 500 new residential buildings are built.
Obviously, the above conditions must also be aligned with the provisions of the HAA and the Hungary’s Act CXXXIX of 2018 on the Zoning Plan of Hungary and Certain Prominent Regions. [TÉKA, Section 13(3)]
All in all, the rules pertaining to the creation of private and public green areas in newly zoned areas for construction have become stricter.
3. Ares zoned and not zoned for construction
The TÉKA devotes separate chapters to the different types of areas zoned for construction (Chapter III) and areas not zoned for construction (Chapter IV).
While the titles regarding areas zoned for construction have not changed in any meaningful way in the TÉKA, there are new titles in the Chapter on areas not zoned for construction, mainly due to the diversification of the OTÉK’s definition of agricultural land under different titles. These are now listed in different categories: garden-based agricultural land, general agricultural land, sustainable agricultural land, manor and farmstead. [OTÉK, Section 29 TÉKA, Section 34-36]
4. Siting of new buildings
The chapter in the TÉKA on the siting of new buildings includes many new elements; for example, it defines special rules for the exploitation of brownfield areas, the siting of wind turbines, solar panels and solar thermal collectors. [TÉKA, Chapter V]
Special rules for the exploitation of brownfield areas
We took a closer look at brownfield areas in Part I of our series.
a) In the case of plots listed in the national register of brownfield areas,
b) the largest permitted building coverage ratio under ground level is 100% unless the local zoning plan states otherwise,
c) with certain exceptions, local zoning plans may set more permissive maximum building coverage ratios and maximum building heights than the TÉKA, without requesting derogation from the National Chief Architect,
d) green areas do not have to be fully-fledged green areas, and
e) when buildings with extra functions are planned, the National Chief Architect’s opinion on derogation does not have to be sought.
[TÉKA, Section 41(1)]
Siting of wind turbines and wind farms
It is important to note that as a result of new statutes that took effect on 1 January 2024, including the repeal of Section 10(4) of the OTÉK, the 12,000 metre protective zone that had to be kept between areas zoned for construction and wind turbines was removed from the books. Section 10/B that took effect on 01 January 2024 and replaced the previous rule instituted a protective zone of 700 metres.
As the general rule, the TÉKA prohibits the installation of wind turbines and wind farms in areas zoned for construction and zones [TÉKA, Section 40(3)f)], but this in itself does not render the construction of wind farms impossible, because they can be created subject to the following conditions, in line with the regulatory principles in place since 1 January 2024.
Wind turbines and wind farms may not be sited within areas zoned for construction and a protective zone of 700 metres from areas zoned for construction, except for parts of industrial areas and other industrial areas where an investment project has been completed or is in progress pursuant to the Act on the Expedited and Simplified Completion of Projects Having Strategic Importance for the National Economy, or where a high-priority project within the meaning of the HAA has been completed or is in progress. [OTÉK, Section 10/B(1) TÉKA, Section 42(1)]
Wind turbines and wind farms may not be sited in areas not zoned for construction (outside the 700 metre protective zone), if the relevant area is part of the national ecological network, is arable land with excellent production qualities, qualifies as protected landscape, or is a world heritage site or on the tentative list of world heritage sites. [OTÉK, Section 10/B(2) TÉKA, Section 42(2)]
Separate rules apply to wind farms that are proposed near radars operated by the Hungarian Defence Forces and military air bases. [TÉKA, Section 42(3)]
Special rules for installing solar panels and solar thermal collectors
Solar panels and solar thermal collectors must be placed on rooftops in a regular geometric order without overhanging the roof edge. [TÉKA, Section 43(1)]
A solar panel may only be placed on the façade of a building if it is integrated into the architectural design of the façade. [TÉKA, Section 43(2)]
Limitations and exceptions:
a) solar panels may not be placed on balconies (whether on a supporting structural element or integrated into the structure);
b) paving slabs with solar cells may only be installed with an anti-slip surface;
c) solar panels and solar thermal collectors may not be installed on monuments, whereas the competent cultural heritage protection authority’s approval is required for the installation of solar panels and solar thermal collectors on plots with monuments or on building located in monument sites.
[TÉKA, Section 43(2)]
The purpose of these rules is to help in ensuring that solar panels and solar thermal collectors are installed in way that they do nor ruin townscapes and do not cause neighbourly friction.
It should be noted that the TÉKA regulates the installation of certain building equipment (air conditioners and heat pumps) for the same reason, where noise emissions are also taken into account. [TÉKA, Sections 47(5) and (7), Section 107(2)]
Parking Spaces
The TÉKA introduces a more reasonable approach to the siting of parking spaces. It reduces the mandatory number of parking spaces, and therefore, thanks to the possibility of derogations, it can be sufficient to create a number of parking spaces that fit the characteristics of local traffic needs and the local road network. Local authorities remain responsible for determining the number of parking spaces for any project. Parking spaces must primarily be constructed within the relevant plot, but there are options for doing so nearby as well. [TÉKA, Sections 40 and 60(9), Schedule 4]
Building parts beyond the construction boundary lines
For easier understanding, we specify that the building site is the part of a plot within construction boundary lines where a building can be constructed, or a set of boundary lines specified in the zoning plan within which a building can be sited subject to compliance with protective zones, other regulations and zoning requirements. [TÉKA, Section 5.31]
The TÉKA introduces stricter rules with regard to building parts beyond the construction boundary lines. For example, a building part may be constructed: in a front yard with an overhang of not more than 1.00 metre, if the front yard has a size of at least 5.00 metres; with an overhang of not more than 1.50 metres over the public area in the case of a building sited on the public area-facing boundary line of a plot, if the public area is regulated to have a width of at least 12 metres; in a side yard with an overhang of not more than 1.00 metre, if the front garden has a size of at least 6.00 metres (instead of 4.00); in a back garden with an overhang of not more than 1.50 metres, if the front garden has a size of at least 6.00 metres, if permitted by the local building code and the National Chief Architect issues an expert opinion granting the request for derogation. [OTÉK, Section 35(3), TÉKA, Section 47(3)]
In the case of front yard, side yard and back yard, the length of the overhanging building part may not be more than 1/2 of the façade length of the entire building (as opposed to the previous 4/5 ratio). As under the previous rules, a building protrusion, including a balcony, must be at a distance of 1.5 times of the width of the protrusion, but at least 1.00 metre, from the boundary of the neighbouring plot. [OTÉK, Section 35(10) TÉKA, Section 47(4)]
Authors: Zsanett Szabó and Anna Nánási
