Construction diary · 9 min

Construction diary and hidden works certificates: what does the law require?

An entry for every construction day, a certificate before the work is covered. These two rules decide whether the permit of use goes smoothly or turns into proving things after the fact.

Published · Seadusta.ee

The construction diary and hidden works certificates are two documents whose absence comes to light at the worst possible moment – when the house is finished and you want the permit of use. You cannot "quickly do them" afterwards as if they had been made at the right time.

This guide sets out exactly what the law requires of the diary and certificates, who has to sign what, and what to do if the construction is done but the paperwork is not.

The key point in one sentence. An entry is made in the construction diary for every construction day, and a hidden works certificate is drawn up before the work is covered – after the competent persons of the builder and of owner's supervision have inspected the work. These steps cannot be repeated later.

Who is required to document the work

The obligation does not depend on whether you build yourself or hire someone, but on which permit or notice the building requires. Under the regulation, construction must be documented in four cases:

  • a building permit is required for the construction
  • a building design must be submitted with the building notice (Annex 1 to the Building Code)
  • a permit of use is required to use the building
  • a building design must be submitted with the notice of use (Annex 2 to the Building Code)

If your building requires none of these – for example an ancillary building of up to 20 m² and up to 5 m high, which from 1 August 2026 needs neither a notice nor a permit – there is no formal obligation to keep a diary. But note: you still have to document the work to an extent that makes it possible, if needed, to establish with reasonable effort and cost that the building and the construction meet the requirements. In practice this means photos, invoices and a list of materials.

No construction document is drawn up for work that is not carried out. If your house has no piles or asphalt, you do not need certificates for them. The list in the law is a maximum, not a mandatory plan to fill in.

What the construction diary must contain

An entry is made for every construction day, and the entries are in chronological order. The law lists eleven data fields that each entry must contain at a minimum:

Data fieldWhat it means
Date of entryThe day the entry refers to
Name of the person making the entryWho wrote the entry
State of the site and conditionsWeather, temperature, ground condition, obstacles
Description of work doneWhat was done that day – specifically, not "work was carried out"
Construction materials and products usedWhat went in and how much
Note on the hidden works certificateIf a certificate was drawn up that day, a reference to it
Date of waste removalWhen the skip was taken away
Owner's supervision remark or recommendationIf there were any
Order from state supervisionIf there were any
Name of the contractor and the competent personWho did the work
Name of the owner's supervision provider and the competent personWho checked

One relaxation worth knowing

If the state of the site, the description of the work done and the materials used have not changed, you do not need a new entry for each day – the existing entry can be extended with the following dates. This is meant precisely for situations where the same work goes on for several days in a row.

Hidden works certificates: before covering, not after

A hidden works certificate is drawn up for the part of the building that is covered at the next stage and cannot later be inspected with reasonable effort and cost. The vapour barrier under plasterboard, rebar inside concrete, pipes under the floor.

The timing is set out unambiguously in the law: a certificate is drawn up for each work section or part to be covered before it is covered, but after the contractor's competent person and the owner's supervision provider's competent person have inspected the work.

Which works need a certificate

The law lists eighteen types of work. When building a private house, these come up most often:

  • installing reinforcement or fixing elements cast into concrete
  • installing a wind barrier, insulation, vapour barrier or waterproofing
  • sealing wall, floor and ceiling junctions
  • installing and sealing windows and doors
  • installing the roof underlay, roof drain or roof gully
  • installing a building service system or part of it
  • installing pipework, drainage, wells, cables and penetrations
  • installing a masonry heater and heating system penetration
  • installing and sealing penetrations through fire-separating structures
  • laying and compacting fill layers, if they will be covered

What the certificate must state

Data fieldExample
Name and location of the hidden workFoundation waterproofing, axes A–D
Reasoned assessment of complianceComplies with the design and the manufacturer's installation instructions
Other details of the workLayer thickness, overlaps, material manufacturer
Inspection method or deviceVisual inspection, tape measure, cover meter
Time of inspectionDate and, if needed, time
Name of the contractor and the competent personCompany and the specific person
Name of the owner's supervision provider and the competent personCompany and the specific person
The certificate may be supplemented with a photo if it helps establish the location or compliance of an important element, structure or building service. Permitted formats are JPG, GIF, PDF and PNG. A photo is not mandatory, but it is the cheapest insurance against a dispute.

Who signs what

By signing, the signatory confirms that the work was done in line with the principle of professional competence. The signing rules differ by document type:

DocumentWho signs
Every construction diary entryThe competent person of the construction contractor
Hidden works certificateThe competent person of the construction contractor and of the owner's supervision provider
As-built drawing, test report, meeting minutes, maintenance manualThe author of the document
All construction documents, if you build for your own useThe building owner themselves
This last row matters most to a private home builder. When building for your own use, the construction document is signed by the building owner. You do not need to hire a competent person to sign your own diary.

Digital signature and signature on paper

A digital construction document must be readable with free software, must not contain changeable parts and must be digitally signed. If a document signed on paper is later converted to digital form, it does not need to be digitally signed as well.

When and how to submit to the Building Register

Construction documents are submitted to the Building Register electronically, at the latest together with the application for a permit of use or the notice of use.

  • If no building design has to be submitted with the building notice, there is no obligation to submit the documents.
  • If there is no obligation at all to file a notice of use or apply for a permit of use, construction documents are not submitted to the register.
  • Documents not submitted to the register are kept by the building owner.

Extra requirement for businesses: machine-readable format

If you build as part of a business – that is, you are a construction company, not a private person building your own house – you must submit the documents to the Building Register in machine-readable form, not only as PDF. This applies if the building permit was issued or the building notice filed on or after 1 January 2021.

This does not apply to a private person building a house for themselves – a format readable with common software is enough.

If construction is finished but the diary was not kept

This is the most common situation people come to us with. The building is finished and habitable, but nobody kept a diary and no certificates were drawn up. Honestly: you cannot, and must not, create documents after the fact as if they were "made on time".

What you can do is show, based on the evidence you have, that the building meets the requirements. The local authority does not expect a miracle – it needs to be satisfied that the building is safe and matches the design.

  1. 1.Gather what you have. Photos from the build, invoices, delivery notes, material packaging, messages with the builder, bank statements. Dates are worth their weight in gold here.
  2. 2.Draw up a summary sheet. A timeline of what was done, when and by whom – it takes the place of the diary in the proceedings.
  3. 3.Order a building audit. A competent structural engineer assesses the load-bearing structures, fire safety and compliance. The audit is what replaces the missing as-built documents.
  4. 4.Order the missing specialist documents. Electrical installation audit, chimney sweep's certificate, heating system assessment, as-built drawings for water and sewerage.
  5. 5.Draw up certificates retrospectively where you can. If you have photos of hidden work before it was covered, a certificate can be prepared from them – stating honestly that it was compiled afterwards from photos.
  6. 6.Submit the package with an explanatory cover letter. Set out what exists, what is missing and what the missing items have been replaced with.
What not to do. Do not prepare documents afterwards as if they had been drawn up during construction, and do not let anyone sign for work they did not check. A signature confirms that the principle of professional competence was followed – it is a substantive confirmation, not a formality. An honest retrospective document together with an audit carries more weight with the local authority than a dubious "from the build" paper.

How to make it easier for yourself

Keeping a diary usually fails not through ignorance but through fatigue. At the end of the day nobody feels like filling in a form. A few things that help:

  • Make the entry straight away, not at the end of the week. A week later nobody remembers what the weather was on Wednesday or how many tonnes of crushed stone arrived.
  • Photograph everything before it is covered. Every time something disappears from view – rebar, vapour barrier, pipework – take four or five photos so that the location can be identified.
  • Keep the delivery notes for materials. They also prove which material went where.
  • Also note down straight away anything done differently from the design. Deviations from the design are a separate issue and much harder to explain later.

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