Planning permission and building permit - which to choose?
Applying for a building permit is one of the most important steps in any major construction project, whether it's a new building, extension or renovation. A building permit ensures that all construction activities comply with nationally set standards, safety requirements and local authority planning. It is not just a formality, but protects both the owner of the property and his neighbours by ensuring that the new building fits into its surroundings and does not pose a threat to its users or the wider community.
A building permit ensures that all construction activities comply with nationally set standards, safety requirements and local authority planning.
Definition and legal basis of a building permit
A building permit is an official administrative act issued by a local authority that gives the owner of the property or the builder the right to start construction work.
A building permit confirms that the proposed building or construction work complies with all national and local building regulations, planning and other legal requirements, including health, environmental and fire safety requirements.
Obtaining planning permission is a precondition for starting major construction work, ensuring that the project complies with local planning and technical requirements.
The legal basis for a building permit derives from Ehitusseadustikust, which regulates all construction activities in Estonia. The Building Code sets out when a building permit is required and when a simplified building notification is sufficient. A building permit protects both the owner of the property and the surrounding community by ensuring that construction activities do not pose a threat to the environment or to people, or infringe the rights of neighbours.
Building permit vs building notification
Although both the building permit and the building permit authorise certain construction activities, the difference between them is largely related to the volume and complexity of the works.
- Building permit is necessary for larger and more complex building works, such as the construction of a new building, the extension of an existing building or a major renovation. In certain cases, a building permit is also required for demolition work. A building permit always requires the submission of a more detailed project and requires the agreement of several authorities, such as the emergency services or neighbours.
- Notification of works is a simplified procedure for smaller and less complex works. For example, a building permit can be used to erect smaller non-residential buildings (e.g. outbuildings), to extend an existing building up to a certain volume (up to 33%) or to carry out minor alterations. A building permit does not always require a detailed design and is usually free of charge, unlike a building permit.
A building permit is therefore an appropriate option for smaller and simpler works where the complexity of the project and the impact of the building on its surroundings is limited.
When do you need a building permit and when do you need a building notification?
The need for a building permit or a building consent depends on the size of the works, the type of building and the impact of the construction on the surrounding area. In general, a building permit is required if:
- A building is constructed with a floor area of more than 60 square metres or a height of more than 5 metres.
- An extension of a building larger than 33% of the volume of the existing building will be carried out.
- A major renovation is planned where changes are made to the building's structure or technical systems.
- The demolition of a building or substantial demolition work is planned.
Annex 1 of the Building Code defines more precisely which works require a building permit and for which a building notification is sufficient. For example, smaller buildings (e.g. outbuildings up to 20 m² and less than 5 metres high) can be built without a building permit by submitting only a building permit.
It is important to understand that in both cases, whether it is a building permit or a building notification, it is mandatory to comply with the applicable design and construction requirements and the work must comply with. construction project solutions.
Differences between residential and non-residential
The requirements for a building permit may differ depending on whether the building is residential or non-residential. In the case of residential buildings, the requirements are often stricter, as they have to meet specific safety requirements and standards for living conditions.
- Residence: A building permit is always required for the construction of a new dwelling or the extension of an existing dwelling with a floor area of more than 60 m². For smaller extensions and conversions, a building permit may be sufficient, but in general, residential buildings are subject to stricter standards, for example on energy efficiency and fire safety.
- Not available: A non-residential building, such as an industrial building, an outbuilding or other structure used for non-residential purposes, may also require a building permit, but the procedure is often simpler for smaller non-residential buildings. For example, outbuildings of less than 20 m² generally do not require a building permit, while larger and more complex non-residential buildings require a building permit and a detailed design.
Ehitusseadustiku Lisa 1
Ehitusseadustiku Lisa 1 is an essential tool that describes exactly when a building permit is needed and when a building notification is sufficient. Annex 1 provides specific guidance on the different types of building work, taking into account the size, height and function of the building. Here are some of the main points to consider from Annex 1:
- Buildings with a floor area of less than 20 m² and a height of less than 5 metres., do not require a building permit or a building registration if they comply with building regulations and do not pose a risk to public space. For example, for garden sheds or smaller greenhouses, a building permit is sufficient.
- Expansion down to 33% of the original building capacity: If the part to be extended is less than 33% of an existing building, a building permit may suffice. However, if the extension exceeds this limit, a building permit must be applied for.
- Certain minor reconstruction works: If the building's structures or technical systems remain unchanged, a building permit may suffice. However, more complex works, such as alterations to load-bearing walls, require a building permit.
- Demolition: Demolition is considered to be a construction activity, which generally requires a building permit. However, partial demolition or the demolition of smaller buildings may only require a building permit.
Summary
For some projects, the situation is very simple and you can easily choose the management document you need, while other projects may be borderline in several categories with different nuances.
Once you understand the difference between a building permit and a building notification, the next steps in the construction process include starting the design, obtaining the necessary approvals and applying for a building permit or building notification. You will then need to carry out the construction work in accordance with the design, following all the legal requirements and construction supervision. In the final phase, it is important to apply for an occupancy permit so that the building can be officially put into use.
If you're still not sure which document to go with - don't worry! Est Estate team specialises in just such work. Call or write to us, and we will resolve your questions and, if necessary, help you with the whole project, from drawing up the documents to coordinating the works.