The idea sounds simple: a 100 m² apartment becomes two independent 50 m² units – each with its own entrance, kitchen, bathroom and its own entry in the land register.
This is structurally feasible.
Legally, however, it is a real “mission impossible”.
The plan – and the reality
Anyone who divides an apartment in a Hungarian apartment building is interfering with the finely balanced system of co-ownership shares. Each unit in the building has a precisely defined share of the common property; anyone who divides their apartment automatically changes everyone’s shares. This is why the division is not a private decision, but affects the entire community – and thus the Alapító okirat, i.e. the house’s deed of foundation.
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. In future, a two-thirds majority of the ownership shares will be sufficient when it comes to the sale or structural use of common property (e.g. sale of an attic or conversion of a cellar).
However, when dividing an existing apartment, everything remains the same: Any change to the Alapító okirat that creates new units or changes the ownership shares still requires the consent of all owners (100%). A single “no” vote is enough to stop the project.
Why the legislator is so strict
The division of an apartment not only changes the floor plan of one owner, but also the ownership structure of the entire building. With the new units, the fractions of all other apartments or the associated shares in the common property are shifted. This is why the law protects the other owners with the highest hurdle – unanimity.
Read the next section to find out what specific 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 option. In many cases, a partnership is an option – a model in which several owners are jointly entered in the land register, but it is contractually stipulated who uses which apartment or receives which income.
The guide to dividing an apartment in the land register – if you accept the mission.
Initial considerations: What owners are allowed to do – and what not
Owners are generally allowed to make alterations within their own apartment as long as no load-bearing components or common property are affected. The consent of the community of owners is not normally required for internal alterations (e.g. new room layout, relocation of kitchen or bathroom). However, the community can request a structural analysis 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 consent, as they are part of the common property.
However, as soon as the legal division in the land register is to take place – i.e. the creation of separate ownership units – the deed of incorporation must be amended. And – contrary to what is often assumed – this does not require a qualified majority, but a unanimous vote, 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.
- First floor apartments may not open directly onto the street.
Local regulations
Each municipality has its own townscape rules (“településképi rendelet”). Only when national and local requirements are met can the municipality give its approval.
Shared or separate entrance: If the new units have their own entrances, the division is simpler. If they share a vestibule, this must be correctly designated as a common area in the land register.
1. the start: registration at the
municipality (településképi bejelentés)
Before the first construction worker arrives, the project must be registered with the municipality. This urban planning notification is mandatory if you are dividing or merging an apartment, making structural changes to the interior or changing the type of use.
Required documents
- Existing floor plan (actual state)
- Planned new floor plan (after conversion)
- Technical description
- Site plan and facade views
- Visualizations or photos, if applicable
Important: There must be no discrepancy between the plan submitted and the actual execution. The land registry will later compare the approved plan with the survey of the actual state.
Costs: none
Processing time: a few days to two weeks, depending on the municipality
2. after approval: The official certificate
As soon as the municipality accepts the plans, you will receive an official confirmation of the change. This is the key to the next steps: surveying by the geodesist, amendment of the deed of foundation, change to the land register.
Processing time: approx. 15 days
Costs: none
3. surveying by the geodesist
After completion of the construction work, the surveyor draws up the modification plan(Változási vázrajz). He documents the new status and submits it to the land registry office(Földhivatal).
Costs and duration:
Surveying: approx. 180,000 Ft for 100 m²
Land register procedure: 6,500 Ft + 2,000 Ft per new apartment
Processing time: approx. 60 days
4 The deed of incorporation – the real bottleneck
This is where the success or failure of the mission is decided. Because as soon as the ownership shares change as a result of the division, the Alapító okirat must be adapted – with the consent of all owners.
Legal situation in 2025: The amendment to the law has eased the majority requirements only for the sale of jointly owned property (2/3 rule). The 100 % approval requirement remains in place for changes to condominium units – i.e. the division of an apartment into two land register units.
Procedure in practice
- Initiative: Owner requests the property management(közös képviselő) to convene an extraordinary owners’ meeting or a written vote.
- Decision: The community of owners votes – and all owners must agree.
- Signatures: Owners who are present sign the minutes; absent owners must subsequently submit their consent certified by a notary or lawyer.
- Implementation: The lawyer draws up the new Alapító okirat and submits it to the land registry with all attachments.
5. mandatory parking – the silent cost driver
In Hungary, the following still applies: one apartment = one parking space. This means that anyone who turns one apartment into two or three must provide proof of additional parking spaces or pay for them.
Compensation: approx. 2 million Ft(approx. 5000 euros) per additional parking space
Payment deadline: 15 days after approval
In inner-city locations, a financial compensation is usually accepted.
Summarized – cost and time overview
| step | Costs | Duration |
|---|---|---|
| Registration with the municipality | free of charge | few days |
| Official certificate | free of charge | approx. 15 days |
| Surveying (100 m²) | approx. 180 000 Ft | approx. 2 weeks |
| Land register procedure | 6 500 Ft + 2 000 Ft per apartment | approx. 60 days |
| Adaptation of certificate of incorporation | at cost | variable |
| Parking space fee | approx. 2 M Ft per parking space | 15 days payment period |
Conclusion: “Mission Possible?” – only if everyone is on board
The change in the law in 2025 has made many things easier – but not the division of an apartment in the land register. The requirement remains the same here: Unanimity (100%) of all owners.
Projects are therefore only possible with the active cooperation of the entire community. The more owners, the more difficult it is to implement.
Success factors
- Precise planning documents
- Early coordination with architect and geodesist
- Active communication with the property management
- Legal support from an experienced lawyer
With patience, precision and a good network, the mission “division impossible” can still become “division successfully completed” – but only if everyone is really on board.
