Comparison of the Old and New Construction Laws Based on the Basic Principles, Elements of the Construction Authority Procedure and the Position of those Involved in Construction

Abstract

In the past year, we have repeatedly welcomed new legislation in the field of administrative law. Act C of 2023 on Hungarian Architecture (hereinafter: the Architecture Act) entered into force in certain parts on 1 October 2024 and brought significant changes to the domestic application of law in this field. The connections and differences between Act LXXVIII of 1997 on the Development and Protection of the Built Environment (hereinafter: the Architecture Act) and the Architecture Act are already clearly visible. That is why I consider it important to present what these new changes in the legal environment are, what possible turning points and milestones they may represent in public administration and how they will be possible to handle them. In addition to processing the legal environment, this study accordingly presents which factors will force law practitioners to make significant changes. Given the need for a more precise and detailed elaboration, this study only examines three main topics, thus dealing with the basic principles, elements of the official procedure and the scope of the procedural participants. In this context, the study examines, based on the comparison of the two legal acts, to what extent the changes in this area of ​​law caused by the change in the law leave a mark either at the level of the building authority procedure or at the level of the administrative court. The main focus is of course on the area of ​​judicial competence, given that the main direction of my research topic is the changes that have occurred in the judiciary – and in this area of ​​law – and that can be examined through court case law.