Blog > Building permit: When you need it - and when you don’t (2020)
Building permit: When you need it - and when you don’t (2020)
2020-10-07
Regulations related to building permits are governed by Decree no. 37/2007. (XII. 13.) by the Minister for local government and regional development (ÖTM), put into effect on 01 January 2008.
The law defines the following categories:
• Building that may be built without permit,
• Building that needs to be announced,
• Building that may only be built with permit.
The list of building activities included in each category are constantly modified. An important change for example, that there were only two procedures in 2013: there was no activity that only needed to be announced. The list containing buildings that require no permit have changed several times. At the moment, residential buildings with total effective floor area not exceeding 300 m2 only need a simple announcement. To achieve easier administration, the list of buildings requiring a permit has also become significantly shorter.
It is worth monitoring the national building records (OÉNY) to stay familiar with fresh rules. Administration procedure can be initiated by anyone on the official government’s customer service page (called "Kormányablak"), or on the national e-building portal’s referring page (ÉTDR).
When do you need a permit, when do you have to announce, and what can you build without a permit in 2020?
Building permit in 2020
The above mentioned decree defines three building categories:
- Building that may be built without permit
- Building that needs to be announced
- Building that may only be built with permit
Activities that require a permit also have two subcategories: normal and simplified permits.
Below you’ll find a list that tells you if outbuildings, garages, car spaces, weekend houses, wooden houses, conservatories, or a roof replacement require permit.
1. Building that may be built without permit, 2020
This category includes all buildings that require no permit, and no announcement.
According to Annex 1 of Government Decree no. 312/2012. (XI. 8.) on official building and building supervisory procedures and inspections, and on building authority services, building activities allowed without a permit are the followings:
"1. Transforming, renovating, restoring, modernizing a building, or modifying its facade, except for developments in unbroken rows or semi-detached buildings, if these activities have an effect on the neighbouring building’s foundation or structure.
2. Installing thermal insulation, replacing facade doors or windows, colouring facade, or changing facade surfacing on existing buildings.
3. Building a new chimney in an existing building.
4. Building a new, separate chimney (fixed to facade wall or standalone) with a height not exceeding 6.0 m.
5. Building a canopy, protective roof, or screen, fitted to the building facade, or renovating, restoring, transforming, modernizing, expanding or changing existing ones.
6. Modifying the number of independent building units within a building.
7. Building or expanding commercial or catering buildings, with final net floor area not exceeding 20.0 m2, based on section 14 subsection e), and section 29.
8. Building, transforming, renovating or expanding buildings not intended for human habitation, with a final net dimension not exceeding 100 m3 and with a ridge height below 4.5 m.
9. Building new, or renovating, restoring, transforming, modernizing, expanding or changing existing independent structure for advertisement support or pole to indicate fuel unit price.
10. In cemeteries:
a) building or expanding a crypt or an urn crypt, with a final area not exceeding 50 m2 or 3.0 m height,
b) building or placing cabin urns, graves, or a tombstone.
11. Building or installing a sculpture, memorial, cross or a monument, with a height not exceeding 6.0 m including the base.
12. Building a memorial wall, with a height not exceeding 3.0 m including the base.
13. Building, or other building activity related to equipment with conformity certificates (or declaration of performance, if manufactured after 01 July 2013) on parks, playgrounds, sport fields.
14. Building the following buildups with conformity certificates (or declaration of performance, if manufactured after 01 July 2013) installed for a maximum of 180 days:
a) stage, stage roof or stand for events, or buildup to be used for stunt shows, entertainment, catering, commercial purposes or presentations,
b) buildup for exhibition or first aid purposes,
c) inflatable or tension tents,
d) stable with a temporarily cover,
e) scaffolding-like buildup suitable for a maximum of 50 persons’ occupancy simultaneously, as per the National Fire Safety Code.
15. Building, expanding, or renovating, restoring, transforming, modernizing, changing existing greenhouses for growing plants.
16. Building, expanding, or renovating, restoring, transforming, modernizing, changing existing polytunnel for growing plants and mushrooms.
17. Building, or renovating, restoring, transforming, modernizing, expanding existing silo, bulk material container, non-hazardous liquid container, height not exceeding 6.0 m, volume not exceeding 60 m3, or a structure used for installing a tank or container below or above ground level, not for hazardous material storage, and not functioning as a pressure vessel.
18. Water basin, pool or garden lake for private use.
19. Less than 1.0 m final increase in plot ground level, related to a building activity.
20. Building or expanding retaining walls, or restoring, renovating, transforming, modernizing, changing existing retaining wall, with a final height not exceeding 1.5 m from ground level after ground clearance.
21. Building, or renovating, restoring, transforming, modernizing, expanding existing fence, garden element, outdoor standalone stairs, walkways and slopes, oven for household purposes, smokehouse, pit for vegetable storage, plant support not qualified as a buildup, and railings used for plant support.
22. Building, or renovating, restoring, transforming, modernizing, expanding existing lavatory, toilet (expect for a group toilet), or placing mobile sanitary units (with toilet, sink or bath).
23. Placing solar collector, ventilation, air-conditioning or alarm unit, lightning conductor, cash or vending machines, bike racks, flag rods on, or in buildups.
24. Placing household waste bin and collector qualifying as a buildup, barrier, and shade.
25. Installing structures for utility connection or substitution within plot.
26. Building a geodetic buildup within plot.
27. Building a flag pole with a height not exceeding 6.0 m from ground level.
28. Building scaffolding and mobilization buildup necessary for building activities, to be removed after finishing.
29. Considering section 7) and section 14) subsection e), building elevated hunting blind, feeder, forest buildup and lookout, with height not exceeding 5.0 m from ground level.
30. Building a road, parking lot, culvert, or small bridge, within private plot, closed from public access.
31. Building or expanding a basement, with a final volume not exceeding 20 m3 and 2.0 m depth.
32. Installing buildup on public area for a film shoot.
33. Building a residential house for illustration on international innovative house building contests or for research or exhibition purposes.
2. Building activities that need to be announced
It is important, that the total effective floor area of a building may not exceed 300 m2.
If it is necessary to create a retaining wall or to clear land for this type of residential building, those may also be carried out without a building permit.
The announcement and the related procedure have not changed lately, it always starts with putting the e-logbook on standby, and uploading the documents.
A budget call needs to be presented, which is an easier requirement compared to the old so-called "designer call".
Instead of the building authority, it is the building supervisory authority who takes part in the announcement process in these cases.
The building supervisory authority is the only body that needs to be informed. They will then notify the followings:
a) the relevant local government’s notary, depending on the plot,
b) the relevant professional chamber,
c) the owner of the plot, if it is not the builder, or if there are more than one owners.
The official certificate stating the building is also issued by the supervisory authority.
As the announcement procedure has been simplified, the available administration deadline is also shorter; except for 15 days, there are now only 8 days available for issuing the notification.
It is not only the process that has been simplified, but also the content of the application for an official certificate. It is no longer required to present the building’s energy certificate, or the summary page of the construction log.
The official certificate of the building is only necessary after finishing the new residential building with total effective floor area not exceeding 300 m2, or the expansion of the exiting residential building with the same dimension restrictions. This makes the occupancy official, and proves the safe and intended use.
3. Building activities requiring a permit in 2020
When do you need a building permit?
As already mentioned, the activities that require a permit also have two subcategories: normal and simplified permits.
Building activities that require simplified building permit
1.
a) Renovating, restoring, transforming, modernizing, or strengthening an existing building, changing its facade, or building in the roof area, if the activity would require a permit, or a simplified permit according to this decree in case the load bearing structure or its units should also be modified, transformed, demolished or strengthened during the above mentioned building activities.
b) Modifying or strengthening the load bearing structure or its units of a buildup that requires a permit, or a simplified permit according to this decree, and is under construction, without an occupancy permit.
2. Building a lightweight house (ready-made or else) using technology, structural elements, layer sequences and design (with a European Technical Assessment (ETA) or a national construction industry technical permit (ÉME)), approved by an accredited institution.
3. Building a crypt or an urn crypt in a cemetery, with a final area not exceeding 50 m2 or 3.0 m height.
4. The following activities regarding a non-protected building located on a plot qualifying as a historical monument site, or a building protected by a local government decree:
a) transforming or renovating the facade, including plastering, colouring, changing surfacing, replacing doors or windows,
b) installing any fitting, unit, antenna, antenna support, structure, or chimney on its facade, slab or roof;
c) placing buildups, units or structures, regardless of dimensions, used for advertising or showing artistic representations, either placed on the facade, the roof, or on a plot qualifying as a historical monument site.
5. Building structures of a public shooting range.
6. Regarding structures of electronic communication:
a) placing an antenna, if the total dimension in any direction exceeds 4.0 m;
b) placing an antenna support that qualifies as a structure, if the total dimension in any direction including the antenna exceeds 6.0 m;
7. Permanently changing the natural ground level if;
a) the levelling exceeds 1.0 m on a plot that is part of the Natura 2000 sites, or on a protected area;
b) the levelling exceeds 2.0 m on other sites.
8.
a) building new, standalone chimney with height exceeding 6.0 m;
b) building chimney in an existing building, if as a consequence, the load bearing structure of the building, or its units should also be modified, transformed, demolished or strengthened.
9. The following buildups, if they don’t have conformity certificates or approved technical specifications and are suitable for masses to occupy:
a) stage, stage roof or stand for events,
b) buildup to be used for stunt shows, entertainment, catering, commercial purposes or presentations
c) buildup for exhibition or first aid purposes within a closed space permanently used for exhibitions;
d) inflatable or tension tents.
10. The following buildups, if they have conformity certificates or approved technical specifications, are permanent structures to be installed for a minimum of 180 days, and suitable for masses to occupy:
a) stage, stage roof or stand for events, or buildup to be used for stunt shows, entertainment, catering, commercial purposes or presentations,
b) buildup for exhibition or first aid purposes within a closed space permanently used for exhibitions;
c) inflatable or tension tents.
11. The following buildups, if they have conformity certificates or approved technical specifications, are permanent structures to be installed for a minimum of 180 days, and are located on protected areas, or NATURA 2000 sites:
a) stage, stage roof or stand for events, or buildup to be used for stunt shows, entertainment, catering, commercial purposes or presentations,
b) buildup for exhibition or first aid purposes within a closed space permanently used for exhibitions;
c) inflatable or tension tents.
12. Buildup made for the placement of a silo, bulk material container, liquid and gas container, tank below or above ground level, with height above 6.0 m, and volume above 60 m3.
13.
a) Buildings not suitable or not intended for human occupancy, with a gross floor area not exceeding 100 m2 and height not exceeding 6.0 m.
a) Buildings not suitable or not intended for human occupancy, with a gross floor area not exceeding 50 m2 and height not exceeding 2.5 m, located on a plot qualifying as a historical monument site, on world heritage site, on a protected site or on Natura 2000 site.
14. Building or installing a sculpture, memorial, cross or a monument, if
a) the height exceeds 6.0 m including the base,
b) the base height exceeds 6.0 m.
15. Building or installing a support for advertisement, company signboard or illuminated advertisement, or a buildup used for advertising or showing artistic representations, or a display, that is independent from another building (standalone), has a surface exceeding 20.0 m2 or a height exceeding 3.0 m.
16. Building a retaining wall with a height above 2.0 m from the cleared ground level, and a garage bounded by a retaining wall with at least said dimensions.
17. Building a culvert, or a bridge with a span exceeding 3.0 m, within private plot, closed from public access.
18. Building a fixed canopy or protective roof having a common structure with the building, with an extension greater than 4.0 m from the facade, or with a horizontal projection greater than 50.0 m2.
19.
a) building a greenhouse with a gross floor area above 100 m2 and a height above 6.0 m, which is aa) installed for a maximum of 180 days a year, temporarily, not intended for long human occupancy, on an area intended for installation, or ab) installed for a minimum of 180 days, permanently, not intended for long human occupancy, on an area not intended for installation,
b) building a greenhouse with a gross floor area above 50.0 m2 and a height above 6.0 m, not intended for long human occupancy, on an area intended for installation.
20. Building a water basin, pool or garden pond with volume exceeding 100.0 m3 or 2.0 m depth.
21. Building a polytunnel
a) on a site not intended for installation (except for agricultural sites), permanently built (for more than 180 days), without dimension restrictions,
b) on a site intended for installation;
ba) temporarily built (for not more than 180 days), with a gross floor area exceeding 500.0 m2 and height above 7.0 m;
bb) permanently built (for more than 180 days), with height above 3.0 m.
22. Building for commercial purposes or for catering, obligated with establishing private car parking space as per Annex 4 of the building code (OTÉK), with floor area above 10.0 m2 but not exceeding 30.0 m2.
23. Changing the number of independent building units containing rooms suitable for long human occupancy, within an existing buildup located in a historical monument or on a plot qualifying as a historical monument site.
4. Approval and construction planning documentation or halls, design process
Most of the times, construction of halls (warehouses, factories) are considered activities that require a permit. Below we summarized the usual design and authorization process regarding such buildings.
Type of plans:
- Preliminary concept plan
- Planning application documentation
- Construction planning documentation
After the designer has been selected, a geodetic survey is carried out on the site with soil sampling and tests.
During these, the designer prepares installation plans, layouts and facade plans based on the builder’s planning schedule (to be available when entering into contract). Once builder accepts these plans, designer starts preparing the concept plans.
In the meantime, the specialists (electronic, mechanic and utility designers) investigate the available utilities on the plot, and determine the utility demand based on the planning schedule and cooperation.
A vital part of the planning application documentation is the technological description of operation, which is prepared by the parties based on data provided by the builder. This document is also the bases for architectural, fire safety and environmental design.
While the architectural plans are prepared, information necessary for the application is also gathered and written down. After the planning application documentation is approved by the builder, the builder authorizes the designer to upload the documentation on the national e-building portal’s referring page (ÉTDR), and with that, initiates the process.
While the application is in process, and the possible deficiencies are uploaded and completed, the construction planning documentation may be started.
The application process usually takes 60 days (35 days according to law); this time may be used to finalize the construction planning documentation.
The construction planning documentation is prepared based on the Planning application documentation, therefore if such modifications are necessary that require a new permit, than by uploading the new documentation, a new process is also started.
A construction planning documentation is supposed to ensure the feasibility of the construction, with a detailed technical content as per legislation, including but not limited to a bill of quantities prepared by the designer.
After the permit has been issued, if there are requirements from the authorities, those need to be incorporated into the construction planning documentation. Once a legally binding building permit is issued, we may already have a construction planning documentation.
According to Government Decree no. 191/2009 (IX. 15.) on construction industry activities, in case of general building constructions starting after 01 October 2013, the construction log needs to be recorded electronically. Therefore the construction log needs to be put on standby before construction starts, and the construction planning documentation has to be uploaded to the site.
Feel free to contact us if you are planning the design or construction of a building of more than 1000 m2 area, even at the early stages (plot searching, building code options, etc.), and also take a look at our overall design and construction works.
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