In the world of real estate, the question often arises as to the difference between a “holiday home” and a “holiday home with a holiday home”. This difference is not only important in terms of the way the property is used, but also from a legal point of view, especially under building and town planning laws. In this article, we will explain the legal background to these concepts in Hungary and the penalties for those who do not comply with these rules.
What is a holiday home?
A holiday home is generally a residential building or small property used for temporary residence or recreation. Typically it does not have a permanent occupancy permit and is often located in the garden of a private garden or detached house. However, there is no clear legal definition of what exactly constitutes a holiday home, so it is best defined by local building regulations and town and country planning.
Legal background
- 2011. Act CXII of 2007 on the Built Environment – this law regulates the shaping and protection of the built environment, including the use of immovable property.
- 305/2005. (XII. 27.) Government Decree – regulates building permits and activities.
- Local planning instruments, such as building regulations and plans, determine whether a property is a holiday home and how it can be legally used.
What is a holiday home?
The term “holiday home” is officially defined as a property located in a resort area, which is also legally defined. These properties are usually built and used according to stricter rules, because they are classified as holiday homes for recreation and temporary occupation only.
Legal background
- 2011. Act CXII of 2007 on the Built Environment – contains general rules on recreational areas.
- 281/2008. (XII. 27.) Government Decree – regulates in detail the design, construction and use of recreational areas.
- Local municipal ordinances also determine the building conditions and uses for a given property according to its resort zoning classification.
The main difference from a legal point of view
Holiday home:
- A general term, not necessarily a legally defined classification of property.
- It can be private, an outbuilding or a small residential unit in a garden.
- It does not always have an official permit or is not necessarily zoned for construction.
Holiday house with holiday home:
- Legally registered property, classified as a recreational area.
- It has regulated building and use conditions, usually set out in local bylaws.
- It is intended for recreation, temporary accommodation and its usability is guaranteed by law.
Some things depend on small things. Such is the case here, where the two concepts are mixed, which is why it is important to consult a lawyer who is well versed in these matters.
