Sharing an apartment in the land register: Mission Impossible?

The idea sounds simple: a 100 m² apartment becomes two independent 50 m² units - each with its own entrance, its own kitchen, its own bathroom and its own entry in the land register.

Structurally, this is feasible.

Legally, however, it is a real “mission impossible”.

The plan – and the reality

Anyone who shares an apartment in a Hungarian apartment building intervenes in the finely balanced system of co-ownership shares. Each unit in the house has a precisely defined share of the common property; Anyone who shares their apartment automatically changes everyone's shares. That's why the division is not a private decision, but affects the entire community - and therefore that Alapíto okirat, i.e. the founding document of the house.

What will change in 2025 – and what won’t

The Amendment to the law as of January 1, 2025 brings relief – but only for certain cases. A two-thirds majority of the ownership shares will be sufficient in the future when it comes to the sale or structural use of common property (e.g. sale of an attic or conversion of a cellar).

But when dividing an existing apartment, everything stays the same: for every change Alapíto okirat, which creates new units or changes ownership interests, the consent of all owners (100%) is still required. A single no vote is enough to stop the project.

Why the legislature is so strict

The division of an apartment not only changes the floor plan of an owner, but also the ownership structure of the entire house. With the new units, the fractions of all other apartments and the associated shares in the common property shift. That's why the law protects the other owners with the highest hurdle - unanimity.

Read the next section to find out exactly what steps need to be taken.

Alternative to land register division:
Partnership as a flexible model

Formal division in the land register is not always the only sensible way. In many cases, a partnership is an option - a model in which several owners are registered together in the land register, but it is contractually determined who uses which apartment or receives what income.

The guide to dividing an apartment in the land register – if you accept the mission.

First considerations: What owners are allowed to do and what they are not allowed to do

Owners are generally allowed to renovate within their own apartment as long as no load-bearing components or common property are affected. For internal renovations (e.g. new room layout, relocating the kitchen or bathroom) consent from the homeowners' association is usually not required. However, the community may require a structural test if walls or ceilings are affected that could affect the stability of the building.

Interventions in risers, chimneys, external windows or supporting structures always require approval as they are part of the common property.

However, as soon as the legal division is to take place in the land register - i.e. the creation of separate ownership units - the founding deed must be changed. And contrary to what is often assumed, this does not require a qualified majority, but rather unanimity, i.e. the consent of 100% of the owners.

Regulations you need to know

National regulations

• Minimum size of an apartment: 30 m²
• Galleries do not count as official living space.
• Ground floor apartments are not allowed to open directly onto the street.

Local regulations

Each municipality has its own cityscape rules (“településképi rendelet”). Only when national and local requirements are met can the community give its consent.

Common or separate entrance: If the new units have their own entrances, the division is easier. If you share an anteroom, this must be correctly designated as a common area in the land register.

1. The start: Register with the
Municipality (településképi bejelentés)

Before the first construction worker arrives, the project must be reported to the municipality. This urban planning notice is mandatory if you share or combine an apartment, make structural changes to the interior or change the type of use.

Required documents

• Existing floor plan (current condition)
• Planned new floor plan (after renovation)
• Technical description
• Site plan and facade views
• if necessary, visualizations or photos

Important: There must be no deviation between the submitted plan and the actual execution. The land registry office later compares the approved plan with the measurement of the current condition.

Cost: no
Processing time: a few days to two weeks, depending on the community

2. After approval: The official certificate

As soon as the municipality accepts the plans, you will receive official confirmation of the change. It is the key to the next steps: surveying by the geodesist, adapting the founding certificate, changing the land register.

Processing time: approx. 15 days
Cost: no

3. Surveying by the geodesist

After completion of the construction work, the surveyor prepares the modification plan (Változási vázrajz). He documents the new condition and submits it to the land registry office (Földhivatal) a.

Cost and duration:
Surveying: approx. 180 000 HUF for 100 m²
Land registry procedure: HUF 6,500 + HUF 2,000 per new apartment
Processing time: approx. 60 days

4. The founding document – ​​the real bottleneck

This is where it is decided whether the mission succeeds or fails. Because as soon as the ownership shares change as a result of the division, the Alapíto okirat be adjusted – with the consent of all owners.

Legal situation 2025: The amendment to the law has eased the majority requirements only for the sale of common property (2/3 rule). For the change of special property units - i.e. the division of an apartment into two land register units - the 100% consent requirement remains.

Process in practice

1. Initiative: Owner applies to property management (közös képviselő) the calling of an extraordinary owners' meeting or a written vote.
2. Decision: The owners' association votes - and all owners must agree.
3. Signatures: Owners present sign the protocol; Those absent must submit their consent later, certified by a notary or lawyer.
4. Implementation: The lawyer creates the new one Alapíto okirat and submits it with all attachments to the land registry office.

5. Parking requirement – ​​the silent cost driver

In Hungary the following still applies: one apartment = one parking space. So if you turn one apartment into two or three, you have to provide or pay for additional parking spaces.

Transfer fee: approx. 2 million HUF (approx. 5000 euros) per additional parking space
Payment deadline: 15 days after approval

In inner-city locations, a financial compensation is usually accepted.

In summary – cost and time overview