In January 2010, a new government decree came into effect that introduced several changes to the content and procedures for plot restructuring. Details are provided below.
Government Decree 246/2009 (XI. 3.) amending Government Decree 338/2006 (XII. 23.) on Land Registry Office, Institute of Geodesy, Cartography and Remote Sensing, Board on Geographic Names, and the detailed rules of procedure of land registry procedure, and Government Decree 343/2006 (XII. 23.) on the Designation and Operation Conditions of Construction and Construction Surveillance Authorities.
Pursuant to the powers granted to the Government under Section 62 (1) (a) and (s) of Act LXXVIII of 1997 on the Development and Protection of the Built Environment and Section 90 (5) (d) of Act CXLI of 1997 on Real Estate Registration, the Government, in accordance with the powers granted to it under Section 35 (1) (b) of the Constitution, hereby enacts the following Decree:
1. § The following Section 6 shall be inserted before Chapter I of Government Decree No. 338/2006 (XII. 23.) on Land Registry Offices, Institute of Geodesy, Cartography and Remote Sensing, Board on Geographic Names, and the detailed rules of procedure of land registry procedure (hereinafter referred to as the “R.”): “6. § The Government shall designate the district land office as the first-instance construction authority in the procedure for the plot restructuring in accordance with the Act on the Development and Protection of the Built Environment, except for properties under monument protection and properties for defence and military purposes, and it shall designate the county land office as the second-instance authority” The following Chapter II/A and Articles 17/A to 17/C are added to the R.: “Chapter II/A PLOT RECONSTRUCTING PROCEDURES.
§ 17/A (1) The plot restructuring procedure shall be initiated upon application. Depending on the content of the application, the following types of plot restructuring procedure may be applied for: a) plot restructuring authorization procedure, b) joint plot restructuring procedure.
(2) On the basis of an application for carrying out a merged plot restructuring procedure, a) the procedure for approving the plot restructuring and b) the procedure for registering the change in the plot data and the change in the registered rights and recorded facts resulting from the plot restructuring (for the purposes of this Chapter: the transfer procedure) shall be initiated.
(3) An application for approval of plot restructuring may be submitted by: a) any owner of any parcel of land affected by the plot restructuring; b) in the case of a jointly owned plot of land, any co-owner; c) anyone claiming ownership of the plot of land affected by the plot restructuring; d) the initiator of the civil action for the declaration of adverse possession; e) if the plot restructuring results in the creation of at least eight new building plots, the majority of the owners of the plot in terms of the size of the plot; f) the person who has agreed in writing with the owner to the plot restructuring.
(4) An application for a merged plot restructuring procedure may be submitted by the person entitled to file an application pursuant to subsection (3), who is otherwise entitled to initiate the land registration procedure pursuant to the Property Registration Act.
(5) In addition to the information specified in the Act on the General Rules of Administrative Proceedings and Services, the application for the initiation of the plot restructuring procedure must contain the following data: (a) in the case of a natural person, the natural person’s identification data; (b) in the case of an organisation applicant, the statistical number of the organisation; c) the lot number of the plot(s) concerned by the plot restructuring, indicating the settlement where the plot(s) are located; d) the type of plot restructuring procedure requested (plot restructuring authorisation procedure or merged plot restructuring procedure); e) the purpose of the plot restructuring, which may be: ea) re-division of a group of plots, eb) plot subdivision, ec) plot merger, ed) plot boundary adjustment, f) proof of payment of the administrative service fee.
(6) In addition to the provisions of subsection (5), the application for the initiation of the merged plot restructuring procedure shall comply with the requirements of the Property Registry Act.
(7) The application for the initiation of the plot restructuring procedure shall be submitted on the form prescribed by the Minister and published on the website of the Land Registry Offices.
(8) In all cases, the application for the initiation of the plot restructuring procedure shall be accompanied by a plot restructuring document prepared by a land surveyor who is qualified in the field of geodetic surveying as defined by a separate legal act and authorised to carry out architectural and engineering design work. The plot restructuring documentation shall include the items listed in Annex 3, depending on the purpose of the plot restructuring.
17/B. § (1) The administrative deadline in the procedure for approval of plot restructuring is 30 working days. If the documentation for the plot restructuring has been completed prior to the submission of the application, the term shall be 22 working days.
(2) The plot restructuring permission shall be valid for one year from the date on which it becomes final.
(3) In the case of an application for a merged plot restructuring procedure, the transfer procedure shall be initiated by the provisional registration of the application on the working day following the date on which the plot restructuring permission becomes final, except in the case provided for in subsection (4).
(4) In the case of a merged plot restructuring, if the plot restructuring permission becomes final at second instance, the transfer procedure shall start on the date of receipt of the final decision by the first instance property authority.
(5) If, in the case of a merged plot restructuring procedure, it is not possible to comply with the request for the transfer of the changes, the holder of the plot restructuring permission may, by submitting the necessary documents, request the transfer of the changes in the data of the plot of land as well as the rights and facts registered in the property register within the time specified in subsection (2) by initiating a separate land registration procedure.
17/C. § (1) The Government shall designate the authorities listed in Annex 4 as the competent authorities in the plot restructuring procedure of the Land Registry Office, if the conditions set out in Annex 4 are met, and for the purpose of deciding on the specialised issue specified therein. At the request of the client, the authority designated as the competent authority will issue a preliminary position statement before the procedure is initiated, which may be used for a period of six months. The preliminary position statement can only be requested on the basis of a land registry plan and a land survey validated by the Land Registry Office.
(2) Within 10 working days, the Land Registry Office shall examine the plot restructuring documentation submitted as an annex to the application and, if the data content of the land registry plan can be included in the basic public data, it shall add a clause to that effect. The Land Registry Office will contact the competent authorities to obtain their position by sending a certified copy of the validated land registry plan and the corresponding site survey and the site plan for the plot restructuring, if no prior position of the competent authority is available.
(3) The provisions of subsection (2) shall not apply if a prohibition on the alteration or restructuring the plot(s) of land covered by the application is recorded in the property register. In this case, the application for plot restructuring must be rejected by the Land Registry Office, without the need to consult the competent authorities.”
3. § Annexes 3 and 4 to R. regulation are added.
4. § (1)This regulation shall enter into force on 1 January 2010.
(2) The provisions of the R., as amended by this Decree, shall apply to plot restructuring proceedings initiated on the basis of applications submitted after the entry into force of this Decree, as well as to repeated proceedings. In the event of a repeated proceeding, the notary of the local community previously involved in the case, having transferred the building authority’s competence, is obliged to transfer the building authority’s documents to the Land Registry Office.
(3) Subsection (5) of Section 1 of Government Decree No. 343/2006 (XII. 23.) on the designation and operating conditions of the construction authorities shall be replaced by the following provision: “(5) In respect of specific types of buildings and buildings under monumental protection other than those referred to in subsection (4), the authority responsible for the functions of the construction authority shall be designated by separate legislation. In the absence of such legislation, the construction authority shall act in matters relating to these types of buildings and structures in cases where the construction authority carries out the tasks referred to in subsections (1) and (3). A separate law also designates the authority of first and second instance for plot restructuring.” Gordon Bajnai (signed), Prime Minister
Annex 1 to Government Decree No 246/2009 (XI. 3.) "Annex 3 to Government Decree No 338/2006 (XII. 23.) Content of the plot restructuring documentation accompanying the application for plot restructuring:
1. Number of the basic public data account
2. indication of the certified data used
3. measurement and calculation report
4. measurement and calculation plan
5. list of coordinates
6. land calculation report
7. digital site plan of change
8. at least 5 original printed copies of the digital site plan of the change, signed and stamped
9. land register
10. design and setting-out (foundation layout) plan
11. if the total number of plots before and after the change is more than 5 a) technical description b) measurement report
12. site plan of the plot restructuring, on a scale corresponding to the property register map, showing the followings: a) the plots of land affected by the plot restructuring, according to the status after the plot restructuring; b) the contours of existing structures (not intended for demolition) on the plots affected by the plot restructuring; c) the distance of existing structures on the plots affected by the plot restructuring to within 4.0 m of the boundary of the plot affected by the plot restructuring; d) the distance of structures with a valid and enforceable building permit or registration on the basis of a notification from the planned plot boundary within 4.0 m of the plot boundary affected by the plot restructuring; e) in the case of a mean slope of more than 20%, the contour lines at one and a half metre intervals; f) in the case of plot restructuring affecting a road, the category of road, the change of the road area; g) the plot sizes created after the planned plot restructuring, including, in the case of developed plots, the change in the extent of the developed plot
13. digital data pool (change plan, change pool, plot restructuring site plan, other digital work part) on non-rewritable media format
14. accompanying document (name of creator, reference number, description of work, settlement, location, lot number(s) of the plot(s) involved, type of change)
15. table of contents of the plot restructuring documentation”
Annex 2 to Government Decree No 246/2009 (XI. 3.), Annex 4 to Government Decree No 338/2006 (XII. 23.) Authorities involved in the plot restructuring procedure of the Land Registry Office.
General overview of plot restructuring, concepts, rules, procedures
Since 1998, the construction legislation system has undergone significant changes. The first and most important stage was the adoption of the new Construction Act by the Hungarian Parliament, which empowered the Government and the relevant ministries to issue a number of laws to implement the Act. These include the ministerial decree on plot restructuring.