Kasutusluba on ametlik kinnitus selle kohta, et ehitis, olgu selleks siis hoone või rajatis, on ehitatud vastavalt kehtivatele ehituslubadele ja -tingimustele ning seda võib ohutult ja seaduslikult kasutada vastavalt sellele ettenähtud otstarbele. See tagab, et ehitis vastab kõikidele ehitus- ja ohutusnõuetele ning on valmis kasutamiseks vastavalt kehtestatud standarditele ja regulatsioonidele. Kasutusluba on oluline dokument, mis annab kindlustunde nii hoone omanikele kui ka kasutajatele, tagades nende turvalisuse ja mugavuse.
Projektibüroo meeskond omab pikaajalist kogemust ehitusturul ja on kokku puutunud erineva keerukusega lubade menetlusprotsessiga, taotledes kasutuslube hoonetele, mille ehitamiseks oli ehitusluba olemas, ja ka hoonetele, millel ehitusluba puudub. Meil on rikkalik kogemus asjaajamisel kõigi Eesti omavalitsustega, mis võimaldab meil teie ehitusprojekti sujuvalt ja tõhusalt toetada.
Foto autor: Sergei Zjuganov
Tellija: Everaus Kinnisvara
To apply for a building permit, you must first prepare construction design documents (generally in the preliminary design phase) with relevant additional documents. Depending on the site, this could include a geodetic basic plan, a dendrological assessment, an energy performance certificate, etc. The building permit is usually applied for during the preliminary design phase. The application is done digitally in the Registry of Construction Works (EHR) and its proceedings take a minimum of 30 days, but usually 1.5–6 months, depending on the specific solutions and local government. The earlier the vision is established, the better.
The preliminary design is based on design specifications, client’s input and whether the client knows exactly what kind of a building and yard they want. The following questions should be asked.
It is important to find out what kind of life the family would like in the future.
It depends a lot on the situation and how active the parties are. In the case of older buildings, built before 2015, the delays are caused by the elimination of deficiencies listed in the electrical, fire and/or heating chamber audits.
We order the audits, but the deficiencies identified during them must be resolved by the owner themselves. Here, the total cost of the works, the speed at which suitable cooperation partners will be found and how voluminous the works are that must be done to meet modern requirements will come into play.
In addition, a post-construction inspection survey will be purchased, according to which it will be possible to assess whether the number of buildings and civil engineering works corresponds to what is permitted in the comprehensive spatial plan – there can always be less, but not more. It is important whether the construction documents are available or need to be replaced with an audit of the construction work/apartment, whether the plan(s) of the construction work/apartment are available and whetherthe exterior fully conforms to the design or the latest approved inventory drawings. If the answer is ‘no’ and the site has been significantly changed compared to the drawings (relocating one of the interior doors does not apply here), it is necessary to find out whether there is a permit for construction work If there is a permit, a survey design must be prepared. If there is no permit, the existing situation must be compared with the latest drawings and amendments to construction design documents must be prepared.
Therefore, one part of applying for a use and occupancy permit is the preparation of documents, the other part is the proceedings. We will try to submit the application with documentation as completely as possible, so the proceedings take a shorter time (the time limit is 30 days). However, we cannot foresee everything, so it is possible that additional information will be required.
Based on our experience, applying for a use and occupancy permit takes an average of six months, but this requires that the deficiencies listed in the audits are resolved promptly.
The proceedings are carried out by the local government who will involve the necessary and relevant authorities or persons – for example, the Rescue Board, specialists of heritage conservation and culturally and historically significant areas, the possessors of utility lines (water and sewerage companies and/or gas companies etc), the Environmental Board, the Transport Administration, neighbours etc.
In the case of applications that have passed the proceedings and have been returned, no time limits are set for eliminating deficiencies (unless supervision proceedings have been initiated at the same time).
Specific time limits are not set often and if they are, they are different for every site. If the notes concern the correction of data, there is usually two weeks to one month to do so. In the case of larger works, for example the preparation of an amendment design, there have also been time limits of up to four months.
You can view the progress of ongoing proceedings by logging into the Registry of Construction Works (www.ehr.ee) (on the condition that you have been added as an applicant). The public can look at the ongoing proceedings on the basis of a proceedings number, but in this case only the status is visible.
Documentation is regulated by Regulation No. 3 of the Minister of Economic Affairs and Infrastructure – https://www.riigiteataja.ee/akt/118022020009?leiaKehtiv
Building work is documented if:
1) a building permit is required for construction;
2) construction design documents must be submitted along with the building notice for construction in cases specified in Annex 1 to the Building Code;
3) a use and occupancy permit is required for the use of the construction work;
4) construction design documents must be submitted to use the construction work, along with the use and occupancy notice in cases specified in Annex 2 to the Building Code.
Building work will be documented systematically in a way that transparency and traceability is ensured and that with reasonable effort and expense, the following could be identified:
1) conformity of the construction and construction work to the requirements and the construction design documents; following the principle of professionalism;
2) the characteristics of the construction work and its parts;
3) the building products and construction materials used, if this information has not been presented in the construction design documents;
4) the location of the hidden parts of the construction work and their conformity to the construction design documents;
5) the builder and competent person of the construction work or its part;
6) other circumstances that may affect the quality, safety or environmental sustainability of the construction and construction work.
The construction document will indicate the preparation time of the document, its author and the name of the signee. The construction document will be prepared after the event being documented has taken place or at the time specified by legislation. The construction documents must be accessible for the owner of the construction work and the person performing regulatory enforcement.
Building documentation primarily consists of:
Construction supervision by owner subject to the building permit may only be performed by a person who meets the qualification requirements. According to the Building Code currently in force, a building permit is required for:
If the ground projection area of the building is up to 60 m² or it is a mandatory work set by a building notice, then owner supervision may be performed by the owner.
According to the Building Code, installing an air-sourced heat pump involves changes to the heating system of the construction work, necessitating a mandatory notice. It is especially important in historically and culturally significant areas where the outside part of the device must be shielded.
An apartment building functions as a single system, where the heating system and the exterior of the building are a common part that doesn’t belong to one apartment. The heating system works as a whole, meaning that replacing or changing its parts could disrupt the system’s operation. For example, your neighbour’s apartment might remain cold. Changing or relocating the openings on the exterior of the building will affect the overall appearance of the building.
A building permit grants the right to build a construction work that corresponds to the construction design documents based on which the building permit is issued. A building permit is required where it is mentioned in Annex 1 to the Building Code.
The new Building Code, effective from 1 July 2015, divided the building permit into two parts: BUILDING NOTICE and BUILDING PERMIT. Refer to the table in Annex 1 to the Building Code.
The notice applies to simpler and smaller works (eg, buildings with a ground projection of up to 60 m² and a height of up to 5 m, including remodelling and extension up to 33%) The permit must be applied for when the works or buildings are larger and require more responsibility. However, their content is the same – the right to build.
There is also a difference regarding the state fee – the building notice does not have one, the building permit usually has a state fee of 150 €.
The building of a construction work according to a building notice may take place within two years following the filing of the building notice or receipt of further requirements or approval of corresponding construction design documents (§37 of Building Code).
A building permit is valid for five years. When building work has commenced, the building permit remains valid for up to seven years from the time it became valid. Where this is justified, a longer validity period may be prescribed or the validity period may be varied. The date of commencement of building work is deemed to be the first day on which work corresponding to the construction design documents is performed (§45 of Building Code).
The application for a building permit must be accompanied by construction design documents that conforms to the requirements. Construction design documents generally consist of text and graphs:
Depending on the site, the following additional documents may be required:
Building:
Civil engineering work:
The building of a construction work according to a building notice may take place within two years following the filing of the building notice or receipt of further requirements or approval of corresponding construction design documents.
The individual who applied for the building permit must submit a notice of commencement of building work to the competent authority at least three days before the building work commences.
A concept design is a draft and its explanations in the field of architecture or engineering that depicts the general spatial solution. The aim of the draft plan is to convey the general principles of the construction work, its part, the idea of the site and the complete solution.
The preliminary design is the first and least detailed phase of construction design documents. It describes the principles and general quality of the construction work that will, if approved by the client, be detailed in the next phases of preparing construction design documents.
The detailed design is the second phase of construction design documents. It describes the design solutions and quality of the construction work to the extent that is the basis of determining construction costs, organising construction procurements and compiling tenders.
The construction working documents is the third and most detailed stage of construction design documents. It describes the design solutions and quality of the construction work to the extent that is the basis of performing construction work and construction supervision by owner. The basis for performance of construction works is the construction design documents in the phase of construction working documents. The preliminary design and detailed design don’t serve as a basis for the performance of construction works.
Conformity to the minimum requirements for energy performance is proven by means of the energy performance certificate. An energy performance certificate provides information on the rated energy demand or the actual energy consumption of a building that already exists or that is being designed. It is pleasant to live in an energy-efficient building, as there is fresh air to breathe. In the winter, the building stays warm and in the summer, it stays cool. There is no wind blowing near the windows and the temperature can be regulated according to your preferences. A building that has been built for energy-efficiency does not have mould, fungi or other organisms that pose a health risk.
The energy efficiency of a residential or non-residential building being erected must conform to at least class B, where heating and cooling systems have also been included. An energy performance certificate is not required for specific-purpose buildings.
Buildings that are being remodelled are subject to energy efficiency class C. The energy performance certificate is required for the small residential building remodelling application of KredEx.
If the planned terrace’s height is less than 1 m, it generally isn’t classified as construction works or civil engineering works requiring a building permit, as it does not increase the ground projection area of the building. If the height of the terrace from the ground is over 1 m, a building notice is required both for constructing a new terrace and demolishing the previous one, as it is considered part of the ground projection area.
For a terrace with a canopy and a ground projection area of over 20 m², construction design documents must be prepared and a building notice must be submitted. Fire safety, meaning the clearances between the buildings surrounding the terrace, must also be taken into account.
If the terrace is built in a historically and culturally significant area or in a heritage conservation area, it must fit in with the neighbouring buildings. The requirements set for historically and culturally significant areas are generally less strict. In heritage conservation areas, the design must be approved by both the local government and the National Heritage Board.
In the Register of Construction Works, all issued permits can be viewed under the building’s documents. For older buildings, some materials may be found in the archive.
Generally, if a building has been constructed before June 1995, which is when the Planning Act and Building Code entered into force, and if the current state of the building corresponds to the documentation in the archive, the building has the right of use of property. If construction work has been done in the building or utility systems have been modified after that, but there is no permit for the changes, then the legalisation of the building must be started.
The use and occupancy permit confirms that the building has been constructed according to the building permit, the utility systems are in order and it is safe for use.
The need for a use and occupancy permit usually comes up when purchasing or selling property or registered immovable. For example, when the bank is granting a home loan, it wants to make sure that the immovable property can be use for its intended purpose and the building can actually be used as a home. If the building does not have a use and occupancy permit at the time of purchase, the bank might initially accommodate and give the new owner a fixed time to apply for the permit, usually a year.
Insurance is also provided only for buildings with the permit.
The new Building Code, effective from 1 July 2015, divided the use and occupancy permit into two parts: USE AND OCCUPANCY NOTICE AND USE AND OCCUPANCY PERMIT. See table in Annex 2 to the Building Code.
The notice applies to simpler and smaller works (eg buildings whose ground projection up to 60 m² and whose height is up to 5 m, including remodelling and extension up to 33%) The permit must be applied for when the works or buildings are larger and confer more responsibility. However, their content is the same – the right to use or occupy.
There is also a difference regarding the state fee – the use and occupancy notice does not have one, the use and occupancy permit usually has a state fee of 30 €.
According to §50 of the Building Code, a use and occupancy permit may be issued in respect of a part of the construction work if that part is complete and the requirements established in legislation – first and foremost, the requirement that it is possible to use the construction work safely – have been complied with.
For example it is possible when the first floor of a detached house has been completed, but the second has been planned to be built later. A partial use and occupancy permit can also be applied for one side of a semi-detached house or for one apartment in an apartment building, if changes have been made to the main plan or utility systems.
A use and occupancy permit is granted for an unspecified period, unless otherwise stipulated in the permit.
When applying for a use and occupancy permit, the following additional documents may be required, depending on the site:
Note! Depending on the site, a competent authority may request additional construction documents.
Building
Civil engineering work
Before using a building that has been constructed on the basis of a building permit / building notice, a use and occupancy permit / use and occupancy notice must be applied for. It will confirm that the building has been constructed according to the design for which a permit was granted, that the utility systems are in good condition and that it is safe to use.
Depending on the site, the list of documents required, together with the application of use and occupancy permit, have been presented in section six (documents required for applying for a use and occupancy permit).
According to Annex 1 to the Building Code, any construction work whose erection would have required applying for a building permit or a building notice is unlawful or unauthorised.
If the unauthorised construction has taken place after the adoption of the Building Code (1 July 2015), then in order to regularise such a construction work, a building permit or a building notice must be applied for, under the same conditions as it should have been done already before the start of the construction.
For regularising the construction works built before the adoption (1 July 2015) of the Building Code in force today, there are special rules set in the Act to Implement the Building Code and the Planning Act. The special rules divide the regularisation into two parts:
It must also be taken into account that the time of the construction must be proven for the local government (photos with dates, receipts of the purchased materials etc).
To prove the construction work’s safety and its compliance with laws, reports, audits, expert assessments must be performed
For residential buildings constructed after 1 January 2009, an energy performance certificate is mandatory. It will be requested already when applying for a building permit. The energy performance certificate is also required when a summer cottage or a garden house has been remodelled into a residential building after 1 January 2009. In the case of older buildings, it is recommended to estimate this if there is a desire to sell the property in order to give an independent assessment of the building to the new owner or if it is desired to change the function of the building, for example, from a summer cottage to a residential building – the minimum energy performance certificate for a residential building is C.
In this case, appropriate measures must be taken to improve the energy performance certificate class. For example, ventilation with heat recovery could be installed, the building could be insulated or changes could be made to the heating system. More precise measures can be suggested by an energy auditor.
On 1 July 2015 the Building Code entered into force, the purpose of which is to promote sustainable development and to ensure the safety, purposeful functionality and usability of the built environment. With this code, construction is regulated and coordinated in a way that it would be straightforward and the building would be safe to use.
The basis of an amendment design is the design on which the building permit was issued. Amendment designs are prepared if construction needs to deviate from the original construction design documents. Changes could be done to the technical characteristics, exterior, planned solution, heating system, roofing material or some other important parts of the building.
A survey design is essentially an inventory drawing that is made when a building does not have an original/licensed project on the basis of which the building has been constructed or remodelled, but no permit or notification has been applied for.
Changes need to be regularised when, compared to the design on which the building permit was granted, the technical characteristics, architectural views, planned solution or utility systems have changed (instead of having a septic tank and a drilled well, there is a connection with a central utility line; changes have been made to the heating system, for example, an oil boiler has been replaced with geothermal heating etc).
Some local governments want to examine the situation on-site before issuing the use and occupancy permit. However, notes or approvals can also be provided without on-site visits. The safety of the building and the correctness of the documents will be assessed. If there are no notes to be made, the notice / permit will be issued.
There will be no inspection after the use and occupancy permit has been issued.
If there are no such documents, a construction work audit assessing the safety of the building will be prepared.
A construction work audit assesses the durability of the building, whether it meets contemporary requirements, and its safety. All possible documents are taken into account here: comprehensive spatial plan, detailed spatial plan, the initial design, the survey design and/or amendment design, the previously confirmed safety of the heating equipment, connection contracts of service providers etc. The construction work audit is prepared if the documents regarding the construction and used materials have not been preserved (journals of building operations, reports of covered work etc).
The fire safety audit assesses whether the building meets contemporary fire safety requirements. If it doesn’t, the audit will describe the current deficiencies that must be eliminated.
The fire safety audit takes into account the fire safety of the entire building, including the clearances or the distances between buildings. The audit also assesses the fire safety class, the fire resistance of the used materials and fire barrier sections, fire safety of ventilation, smoke exhaust, fire safety installations, how well rescue work can be carried out and if fire water is close enough to the property. The fire safety audit is purchased when there is doubt whether everything is in order, for example, if buildings or structures are too close to each other. The audit can be presented together with the expert assessment of heating chambers.
An electrical installation audit consists of three parts: survey, report and audit. The audit confirms that the electrical system of the building is in order, it meets the modern requirements and is safe for use. In the case of deficiencies, a list of deficiencies will be issued before the final audit.
The aim of expert assessment of heating systems is to assess how the heating system has been built and whether it is necessary to take measures to make improvements. An expert assessment of heating systems is prepared if the heating system has no documents (certificates, reports, etc) that would allow assessing its safety when applying for the use and occupancy permit The expert assessment of heating systems can be performed only by a person with a professional qualification.
A chimney sweep report confirms that the flues and chimneys have been cleaned of soot and are safe for use. An expert assessment of heating systems assesses the heating chambers, whether they are safe for use and if the flues have been properly connected to the chimneys.
An expert assessment is required when existing documents don’t verify that the heating chambers were installed by a qualified oven builder.
Deficiencies should typically be addressed within six months. Otherwise, a new audit will be necessary.
With a comprehensive spatial plan, a local government outlines the existing situation and sets general development directions for a municipality, city, or part of a city to ensure that industrial and residential areas, as well as high-rise and low-rise buildings, aren’t mixed (low-rise buildings could be affected by wind corridors). The goal of a comprehensive spatial plan is to preserve the distinctive appearance of an area and prevent architectural discord. This varies from municipality to municipality, but a comprehensive spatial plan may establish parameters such as building heights, roof slopes, plot coverage ratios, and greenery requirements. A building constructed after the establishment of the comprehensive spatial plan should be in accordance with the comprehensive spatial plan. For example, if according to the comprehensive spatial plan, there can be two auxiliary buildings but only one has been built, there is permission to also build a second one.
Detailed spatial plans are mainly established for new development areas, so the scale of these plans is much smaller than that of comprehensive spatial plans. As a rule, the detailed plan is valid for five years.
Design specifications are required for the creation of construction design documents for buildings subject to the building permit requirement or for civil engineering works of significant public interest in cases where the creation of a detailed spatial plan is not mandatory. The competent authority issues design specifications:
1) for the erection or creation of buildings or significant civil engineering works;
2) for the extension of buildings or significant civil engineering works by more than 33% of their original volume.
With regard to the building or significant civil engineering work, the design specifications establish, where relevant:
1) its purpose of use;
2) the maximum number permitted to be built in a land area;
3) location;
4) the maximum ground projection area that the building or significant civil engineering work may occupy;
5) its height and, where relevant, depth;
6) the requirements concerning architectural solutions, building work and appearance;
7) the possible location of the construction work required to service the construction works situated on a land or water area;
8) the need for site investigations;
9) the principles for planting vegetation, for street-side maintenance and for traffic arrangements;
10) the time limit for demolishing the building or civil engineering work. (§26 of the Building Code)
State fee for review of the application for design specifications – 25 €.
In this case, it depends on whether the construction work was built before the comprehensive or detailed plan was established. When the construction work is older, it does not have to meet the requirements of the modern comprehensive or detailed spatial plan.
For buildings constructed while the plans were being formulated, they must either conform to the existing plan or prompt the initiation of a new detailed spatial plan.
On average, it can take about a year to change a detailed spatial plan, sometimes about half a year. It all depends on the location, the complexity of the plan and how active the parties are.
Extensions must align with guidelines established in the comprehensive spatial plan. It varies with each building, as plots are of different sizes. It is necessary to check if there are any regulations regarding the maximum building coverage ratio, the size of the ground projection are, or any other clauses that have been established for the plot. Generally, an extension of up to 10% is not considered important, but an extension of 33% is.
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