The Government Decree 312/2012 (XI.8.) (“Decree“) regulates – inter alia- the basic rules of the building permit procedures including the material conditions under which a building permit can be issued by the authority. With effect from 17 August 2022 Government Decree 315/2022 (VIII. 16.) amended the Decree concerning the cases in which the building authority must refuse the application for a building permit. The list of the relevant cases has been extended to include additional reasons in connection with the now mandatory procedure of the newly established Central Architectural and Technical Council.
The application for a building permit without recommendation of the Central Architectural and Technical Council shall be rejected if the planned construction activity:
- is aimed at the realisation of state’s building construction investments under the Act on the implementation of the state’s building construction investments,
- aims to implement a building with a total useful floor area of more than 5,000 square meters, or
- involves a building plot with a total useful floor area of more than 1,500 square meters and containing a new multi-apartment residential building of at least six apartments.
The new regulation further intensifies public control over private building investments and restricts the position of investors by stipulating further requirements for the building permit that are not projectable for investors.