Who is considered a settler?

A natural person who does not own property, have a place of residence, or a place of stay in the municipality, and who intends to acquire property or establish a residence there.

1. What regulations may municipalities adopt?

According to the Hötv., municipalities may adopt decrees concerning the use of property and personal protective measures. Property-related measures apply to transactions involving real estate (in particular, the right of pre-emption), while personal measures concern restrictions on settlement in the municipality, such as prohibiting or making residence registration conditional, or requiring a settlement contribution.

Let us first examine the right of pre-emption. This provision is relevant if the property is to be purchased by a settler or a person not exempt from the rule.

1. Primarily, the local government or a company owned by it is entitled to exercise the right of pre-emption. If it does not exercise this right…
2. then the owner of the adjacent property is entitled to do so. If this right is also not exercised…
3. then any other property owner within the municipality may exercise it.

The applicable deadline rule is as follows: a 30-day forfeiture period.

The time limit for making a declaration starts on the day following direct notification or publication of the contract. Failure to make a declaration within this period is deemed a waiver of the right of pre-emption.

In the case of personal protective measures, the decree must not violate human dignity, the prohibition of unjustified discrimination, or the requirement of equal treatment.

The law also mentions the settlement contribution, the application and amount of which are determined by the municipality.

2. Who is exempt from prohibitions, restrictions, and conditions?

The Hötv. provides an exhaustive list of exemptions:

a) relatives of a person who has a residence or property in the municipality, as well as persons whose place of origin is the municipality;

b) those who prove or at least make it probable that within the first ten years after birth, they or a relative lived in the municipality for at least twelve months;

c) state or municipal employees – including employees of companies majority-owned by the state or a municipality – who move to the municipality for the purpose of performing their work;

d) persons not covered by point c) who prove that the purpose of their settlement is to engage in gainful activity in the municipality;

e) those acquiring property with state housing support;

f) employees of a church or ecclesiastical legal entity;

g) students of public or higher education institutions operating in the municipality;

h) persons living in a religious, healthcare, sports, social, child and youth protection, or penitentiary institution located in the municipality;

i) close relatives of persons meeting the conditions specified in points a)–g).

The municipality may grant these exemptions in three ways: 1. without a procedure, 2. through a simplified procedure, or 3. through an individual procedure. In the case of a simplified procedure, the municipality verifies compliance with an objective settlement condition or endorses the applicant’s request with an authorization clause. In such cases, the applicant must submit the documents required by the municipality to prove compliance with the conditions.

à The rules on exemptions also show that prohibitions, restrictions, and conditions do not apply to settlers who purchase property under the Family Housing Benefit (CSOK) or the Home Start Program.

3. What might the procedure look like in practice?

According to the Hötv., the procedure can only be initiated upon application, which may also be submitted jointly with a close relative of the person intending to settle. The application is assessed by the representative body, but this competence may be delegated to a committee or, in the case of a simplified procedure, to the notary. The applicant must present all circumstances and documents required by the municipal decree. The administrative time limit is 30 days, which may be extended by an additional 30 days. However, during the procedure, it may be necessary to prove compliance with the prescribed conditions.

4. Is there an alternative if I do not meet all the conditions?

The municipality may also provide for a discretionary decision-making power in its decree. If a settler does not meet certain objective or discretionary conditions, but there are equitable reasons supporting settlement, the representative body may decide to grant permission to settle.

5. What are the consequences of unlawful settlement?

The law provides for three types of legal consequences: the nullity of the legal transaction underlying the acquisition of the property, the cancellation of the address registration, and the imposition of a fine. Therefore, serious legal consequences may arise if someone fails to comply with the provisions of a municipality, so it is advisable to check the municipality’s website to see whether a decree on the protection of local identity has been adopted and what specific requirements it contains.

Contact us if you have questions about this topic or any other real estate law matter!

As of 1 March 2026, a significant amendment has entered into force in Hungarian real estate law affecting condominium developments: the legislator has introduced a new legal institution, the Condominium Right of Improvement (társasházi építményi jog).

The new regime was enacted, inter alia, through amendments to Act CXXXIII of 2003 on Condominiums and Act C of 2021 on the Real Estate Registry. Its purpose is to provide a more structured and secure legal framework for purchasers in condominium projects under construction.

In this article we summarise the practical implications of the Condominium Right of Improvement for developers, purchasers and financing institutions.

Decree 2/2026 (II. 19.) KTM amends two existing legislative instruments: on the one hand, it clarifies the rules governing the allocation of topographical lot numbers (place numbers) to independent real properties; on the other hand, it introduces detailed amendments to the provisions concerning the fees payable for specified land registry proceedings, as well as for the provision of data from the land registry and from state basic data registers.

On 19 February 2026, Government Decree 28/2026 (II. 19.) was promulgated, introducing an important amendment to the implementing regulation of the electricity (Government Decree 273/2007 (X. 19.) – hereinafter: “Implementing Decree”). The purpose of the amendment is to ensure that inverter replacements carried out in connection with the Home Energy Storage Programme („Otthoni Energiatároló Program”), launched in 2025 and announced for 2026, do not result in unfavourable settlement consequences for operators of household-sized small power plants.

The Home Energy Storage Programme is a state aid scheme designed to promote the installation of battery energy storage systems connected to residential photovoltaic systems. Within the framework of the programme, households may apply for non-repayable grants, subject to specified conditions, for the establishment of energy storage systems.

In this article, we present the essence and practical relevance of the legislative amendment, as well as the legal framework within which inverter replacements and settlement-related issues must be assessed.

Government Decree No. 415/2025 (XII. 23.) on the amendment of consumer protection–related government decrees with a view to ensuring a higher level of consumer protection introduces substantial changes in the field of consumer protection as of 2026.

In this article, we briefly summarise those amendments which will be perceptible to consumers in everyday life and may be of particular practical importance from 2026 onwards.

Government Decree No. 415/2025 (XII. 23.) amends a total of six government decrees related to consumer protection.
The objectives of the amendments are, on the one hand, to strengthen consumer protection and, on the other hand, to reduce the administrative burden on businesses, while also ensuring compliance with EU law and legal harmonisation.

Government Decree No. 448/2025 (XII. 29.) amends Government Decree No. 327/2015 (XI. 10.) on the detailed rules of professional practice related to surveying and cartographic activities for non-cadastral purposes by introducing a new concept and new rules. These amendments will enter into force on 14 January 2026.

The most significant change is the introduction of the concept of the planning base map, the preparation of which now mandatorily requires the setting out of the property boundary.

In practice, the new regulation aims to ensure more uniform, more accurate and, from the perspective of the planning process, more reliable base maps, which may help prevent future conflicts and legal disputes. At the same time, the additional requirements are likely to slow down procedures and increase costs, and stakeholders should be prepared for this impact.