Services aimed at the operation of other accommodation facilities fall within the range of accommodation services. An accommodation facility may be a hotel, a guesthouse, a camp site, a holiday home, communal accommodation, village hotel or other accommodation. The various accommodation categories are governed by different requirements under substantive and procedural law. In the Standard Classification of Economic Activities (TEÁOR'08), accommodation services aimed at the operation of other accommodation facilities fall into Accommodation Services Sector 55; more specifically, into sub-category 55.9 (55.90) Other accommodation services.
Accommodation services must, on an ongoing basis, satisfy the licensing and operating requirements discussed herein below; it is not sufficient to verify the fulfilment of these requirements solely during the course of the licensing procedure and the relevant authority may at any time investigate the ongoing fulfilment of these requirements.
Other accommodation facility: a separate building or a separated part of a building used for accommodation purposes not falling into the above categories that was not erected solely for the purposes of accommodation services and where the number of rooms used for such purposes may be maximum eight and the number of beds may be maximum sixteen.
Size of rooms in other accommodation facilities:
- single rooms must be minimum 8 square metres,
- double or triple rooms must be minimum 12 square metres,
- as of the third bed, in excess of 12 square metres, there must be a further 4 square metres per bed.
At the same time, rooms with maximum 4 beds (that is, minimum 16 square metres in size) may be created in other accommodation facilities. However, the use of bunk beds is permitted for children.
In other accommodation facilities, a separate bathroom or shower must be reserved for guests, and there must also be a separate toilet (with toilet brush, toilet paper holder, waste basket for hygienic waste).
In other accommodation facilities, a separate tea kitchen with a refrigerator must be created for guests with equipment suitable for making coffee, tea and breakfast dishes (hob, sink, table, chairs) and other kitchen supplies (pots and pans).
The host or his/her representative must provide a duty service in other accommodation facilities on site or by stating a duty telephone number. Outside the on-site duty hours, guests must be enabled to enter the premises.
Guest rooms must be cleaned minimum once weekly, simultaneously with the changing of the bedclothes and towels (bedclothes: 1 duvet cover, 1 pillowcase per person; towels: 1 hand-towel, 1 large-sized towel per person). Guest rooms must be cleaned in every instance before the arrival of guests. The rooms and premises in shared use must be cleaned daily.
Procedures related to commencement of and engagement in service activities
The clerk of the local government with jurisdiction based on the location of the accommodation facility, while in Budapest, the clerk of the district local government proceeds as the authority overseeing accommodation services based on the appointment of the Government.
Accommodation services may only be provided in an accommodation facility with an accommodation licence issued by the clerk of the local government in the locality of the facility.
A request for an accommodation licence may be submitted in person verbally or in writing or in writing by mail to the clerk with jurisdiction based on the location of the facility (mayor’s office). Requests at present cannot be submitted electronically for technical reasons.
The following must be enclosed with the accommodation licence request:
- in the case of an accommodation facility which is not the applicant’s property, deed verifying the grounds for the use of the accommodation facility or a copy thereof, not including the title sheet,
- in the case of an accommodation facility encumbered with usufruct, if the accommodation provider is not the owner or usufructuary beneficiary, deed verifying usufructuary beneficiary’s consent,
- in the case of an accommodation facility in joint ownership, if not all co-owners proceed as accommodation providers, deed verifying co-owners’ consent,
- duties payable for the procedure paid in the form of duty stamps.
The clerk obtains the details of the owners and beneficiaries of the accommodation property and the title sheet for the verification of title to the property ex officio, either by contacting the real estate authority or by accessing the computerised real estate records, which must be enclosed with the request.
The clerk is required to assess the request within the general processing time limit of 30 days; the clerk may extend this time limit on a single occasion by 30 days.
If the request or the accommodation facility does not satisfy the statutory requirements and the deficiencies cannot be remedied, the clerk refuses the request. If the request or the accommodation facility satisfies the statutory requirements subject to certain conditions imposed by the participating authorities, the clerk either calls upon the client to remedy the deficiencies identified or issues a conditional licence. Based on a conditional licence, services may only be provided in compliance with the conditions set. If the request and also the accommodation facility meet the statutory requirements, the clerk issues a licence for the operation of the accommodation facility.
Simultaneously with granting the licence, the clerk issues a separate certificate in verification thereof for the service provider. The clerk also notifies the consumer protection and labour agencies of the issuance of the licence. These agencies conduct an inspection at the accommodation facility within 30 days of the receipt of the decision and inform the clerk of the result of their inspection.
A general procedural duty, that is, HUF 3,000 must be paid for the clerk’s procedure. The duty must be paid at the time of the submission of the request in the form of duty stamps adhered to the request.
In the course of the licensing procedure or, in the case of „silence is consent”, upon the expiry of the processing time limit, the clerk registers the accommodation facility and the service provider ex officio. The clerk posts all data featured in the records he/she keeps on the Internet.
After the issuance of the accommodation licence, the accommodation provider must forthwith report to the clerk any change in the data stated in the licence request in writing.
Accommodation providers operating other accommodation facilities must supply data to the clerk on the following with respect to the given calendar year by 31 January of the year following the subject year; the data supplied contains no personal details and only serves statistical purposes:
- number of guests received and
- number of nights spent by guests in accommodation facility.
No duty or fee is payable in respect of the fulfilment of such data disclosure obligations.
The accommodation provider must report the closure of the accommodation facility to the clerk within eight days of closure, subject to the simultaneous submission of the relevant certificate. The clerk withdraws the licence forthwith after notification and deletes the accommodation facility from the records.
If the accommodation provider wishes to engage in other commercial activities tied to a licence on the premises of the same accommodation facility, simultaneously with the submission of the request for a licence for the accommodation facility, the requests with respect to any such further licences must also be submitted to the clerk. In this case, the clerk proceeds in the proceedings instituted for the issuance of such further licences for other commercial activities tied to a licence as a participating authority.
The data, requests and enclosures necessary for such separate licences must also be submitted with the request and the relevant duties and administrative fees must be paid as well. The clerk provides for forwarding the documents to the authorities with competence and jurisdiction.
Service provision activities in the framework of cross border service provision
With regard to the fact that the provision of accommodation services is based on the presumed existence of an accommodation facility, the cross-border provision of services is effectively out of the question in the case of these services. Accordingly, if a person residing or registered in Hungary, in another State of the European Economic Area or in a third country wishes to provide accommodation services in Hungary, he/she may do so under the same conditions, based on a licence issued by the clerk.
Cross-border service provision
If you wish to launch this service in the form of cross-border service provision, please click here to read the general conditions of cross-border service provision in Hungary.
Legislation relating to accommodation services and the relevant procedures
- Act CLXIV of 2005 on Trade,
- Government Decree No. 239/2009. (X. 20.) on the detailed conditions of engagement in accommodation service activities and the procedure for the issuance of accommodation licences,
- Act LXXVI of 2009 on the General Rules of the Commencement of and Engagement in Service Activities,
- Act CXL of 2004 on the General Rules of Public Administration Proceedings and Services.