Applying for a building permit (or submitting a building notice) is one of the most important steps in any major construction project, whether it’s a new build, extension, or renovation.
Before you start preparing the documents, it’s important to understand their purpose — and know how to determine whether you need a building permit or a building notice.
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 property owner and his neighbours by ensuring that the new building fits into the surrounding environment and does not pose a threat to its users or the wider community.
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 person who organises the construction the right to start construction.
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 stems from the Building Code, which governs all construction activity in Estonia. The Code sets out when a building permit is required and when a simplified building notice is sufficient. A building permit protects both the property owner and the surrounding community by ensuring that construction does not pose a risk to people or the environment, and does not infringe upon the rights of neighbours.
Building permit vs building notice
Although both the building permit and the building notice authorise certain construction activities, the difference between them is largely related to the volume and complexity of the works.
- A building permit is required for larger and more complex building works, such as the construction of a new building, the extension of an existing building or a major reconstruction. A building permit is also required for demolition work in certain cases. 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.
- The building notice 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 notice does not always require a detailed design and is usually free of charge, unlike a building permit.
A building notice 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 notice?
The need for a building permit or a building notice 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 exceeding 33% of the existing building’s volume will be undertaken.
- 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 Construction Code defines more precisely which works require a building permit and for which a building notice 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 notice.
It is important to understand that in both cases, whether it is a building permit or a building notice, it is mandatory to comply with the applicable design and construction requirements and the work must be in accordance with the solutions in the building design.
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.
- Residential building: the construction of a new building or the extension of an existing building with a floor area of more than 60 m² always requires a building permit. For smaller extensions and conversions, a building notice may be sufficient, but in general residential buildings are subject to stricter standards, for example on energy efficiency and fire safety.
- Non-residential building: A non-residential building, such as an industrial building, 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.
Annex 1 to the Building Code
Annex 1 of the Building Code is an important tool that describes exactly when a building permit is required and when a building notice 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 notice 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 to less than 33% of the original building volume: If the portion to be expanded is less than 33% of the existing building, a building notice may suffice. However, if the extension exceeds this limit, a building permit must be applied for.
- Certain minor renovations: if the building’s structures or technical systems remain unchanged, a building notice may be sufficient. 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 normally requires a building permit. However, partial demolition or demolition of smaller structures may only require a building notice.
Summary
For some projects, the situation is very simple and you can simply select 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 notice, the next steps in the construction process include starting the design, obtaining the necessary approvals and applying for a building permit or building notice. 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! The Est Estate team specialises in just such work.
Give us a call or write to us, and we’ll answer your questions and help you with the whole project, from drawing up the documents to coordinating the construction work.