Legal basis of a building built before 1995

Sauna or shed built before 1995: what you still need to do

The owner of an old building no longer has to prove that a permit for building it once existed. A building missing from the register can be entered in the Building Register (EHR) with a data submission notice. The exception is land not entered in the Land Register.

Published 19.10.2026 · Seadusta.ee

A sauna, shed or barn from grandmother's day that isn't in the Building Register – is it an unauthorised building? The change that took effect on 1 August 2026 mostly answers this question in your favour.

In short. For a building built before 22 July 1995, a legal basis is presumed to exist. The exception is a building on land not entered in the land register. A building missing from the register can be added to the Building Register (EHR) with a data submission notice.

What changed on 1 August

Section 28(1¹) of the Building Code and Spatial Planning Act Implementation Act (Riigi Teataja) says that a building constructed before 22 July 1995 is presumed to have a legal basis. This means the owner of an old building does not have to prove after the fact that a permit was once issued for building it.

If such a building is not in the Building Register, it is entered in the register on the basis of the notice for submitting data to the Building Register referred to in § 60(5) of the Building Code (§ 28(3)).

Exception

The presumption does not apply to a building on land not entered in the land register. If the land is not in the land register, the lawfulness of the building must be assessed in the usual way.

How to check whether the building is in the register

Open the Building Register and search by address or cadastral number. Check that all buildings on the property are listed and that the area, height and intended use are correct.

What you still have to do

The data in the Building Register (EHR) must be correct. For a building that is missing, you submit a data submission notice; this often requires a project with measured drawings.
A building in use must be safe (§ 28 subs. 5). Safety is assessed against the requirements in force when it was built. If there is no building design and a permit or notice is needed, a building audit is carried out (§ 28 subs. 6).
If the building was later rebuilt or extended, that work is governed by today's rules.

Building built after 1995

A building without documents that was built after 22 July 1995 still has to be legalised. To find out which document you need, read the guide notice of use or permit of use; for a small ancillary building, see the sauna and garage guide.

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