Notice of use · 8 min

Notice of use or permit of use – which does your building need?

For a private house and its ancillary building, a notice of use is now enough at any size. A permit of use is needed for larger apartment buildings and non-residential buildings. Here is a table to classify your building.

Published · Seadusta.ee

The house is finished and now the paperwork needs sorting out. The first question is almost always the same: do I need a notice of use or a permit of use? The answer depends on three things – what type of building it is, how big it is and how high.

From 1 August 2026 the annexes to the Building Code changed, and for many homeowners things became simpler. This guide contains a new table by building type, what each document requires, how long the procedure takes and what it costs.

The most important point in one sentence. To start using a detached house, a two-apartment house or their ancillary building, a notice of use is now enough at any size; a permit of use is needed for an apartment building, terraced house or non-residential building that is over 5 metres high or has a building footprint area over 60 m².

What the difference is

Both are the last step of the same process – they come after construction, not before it. The difference is who decides and when you can start using the building.

Notice of use (kasutusteatis)Permit of use (kasutusluba)
What it isNotification to the municipalityA decision of the municipality, i.e. an administrative act
When you fileAt least 10 days before you start using itBefore you start using it
When you can start using itIf the municipality does not announce an additional check within 10 daysOnce the permit is granted – the municipality decides within 30 days
Building designOnly if Annex 2 requires itAlways – the design it was built to
State feenoneresidential 30 €, non-residential 60 €
Valid forIndefiniteIndefinite, unless the permit says otherwise

The notice of use and the permit of use are filed electronically through the Building Register. If the construction required a permit of use and the same design also includes a smaller building for which a notice would be enough, no separate notice is filed – the application for a permit of use replaces it.

Table by building type

The table is based on Annex 2 to the Building Code, in force since 1 August 2026. Area here means the building footprint area.

BuildingNew buildingExtension up to 33%Extension over 33%
Private house (detached house) or two-apartment house, over 20 m² or over 5 mNotice of use (kasutusteatis)Notice of use (kasutusteatis)Notice of use (kasutusteatis)
Ancillary building of a private house – sauna, garage, shed – up to 20 m² and up to 5 mnot needednot needednot needed
Ancillary building of a private house over 20 m² or over 5 m, including over 60 m²Notice of use (kasutusteatis)Notice of use (kasutusteatis)Notice of use (kasutusteatis)
Apartment building, terraced house, non-residential building up to 20 m² and up to 5 mnot needednot needednot needed
Apartment building, terraced house, non-residential building 20–60 m² and up to 5 mNotice of use (kasutusteatis)Notice of use (kasutusteatis)Notice of use (kasutusteatis)
Apartment building, terraced house, non-residential building up to 60 m² and over 5 mPermit of useNotice of use + building designPermit of use
Apartment building, terraced house, non-residential building over 60 m²Permit of usePermit of usePermit of use

If you change the use of a building – for example, turn a sauna into a dwelling or a warehouse into an office – Annex 2 requires only a notice of use if the building is over 20 m² or over 5 m high. If the change of use involves construction work, that needs to be considered separately.

An ancillary building takes its category from the building it serves. A sauna or garage on a private house's property belongs to the same row as the house. But a garage built for an apartment building, or a sauna at a company's holiday centre, belongs to the row for apartment buildings and non-residential buildings, where the rules are stricter.

How to classify your building correctly

  • The limit is exact. A building of 20.0 m² and up to 5 m high needs nothing, but a 20.1 m² building already falls into the next row. The same applies to the 60 m² limit.
  • Go by the end result. If an 18 m² sauna is extended to 25 m², you look at the "20–60 m²" row, not at how big the building was before.
  • Height matters as much as area. For an apartment building or non-residential building, a height over 5 m puts even a small building under a permit of use.
  • Each building is listed separately in the register. If the property has a house, a sauna and a garage, check the row for each building separately.

Measuring area and height is covered in more detail in the guide sauna, garage or shed: when do you need a building notice. You only get to the notice of use if the required building notice or building permit existed for the construction – that is a question for the previous stage.

What each document requires

Notice of use (kasutusteatis)

The law requires the notice of use to contain at least the following:

  • name of the filer, contact details, date and signature
  • property details and cadastral number
  • description of the building, its use and the type of construction
  • for a temporary building, the planned period of use
  • energy performance certificate, if required
  • details of the person who built it

The building design only has to be attached when Annex 2 says so – in the table above these rows are marked "notice of use + building design". An energy performance certificate is not required for a building with a closed net area of up to 50 m².

Application for a permit of use

An application for a permit of use is always accompanied by the building design the building was built to and the construction documents. The application also states, among other things, the details of the builder and designer, the energy performance certificate if required, the maintenance manual and audit evidence where legislation requires them, and details of the state fee payment.

Construction documents mainly means the construction diary, hidden works certificates and as-built drawings – see the guide construction diary and hidden works certificates.

The exact list of what the municipality will additionally ask for your building – electrical audit, chimney sweep's certificate, water and sewerage documents – is in the guide building notice and permit of use in the EHR.

Deadlines

StepDeadline
Filing the notice of useat least 10 days before starting to use it
Municipality's notice of an additional checkwithin 10 days of filing the notice
If the municipality announced an additional checkthe procedure continues under the deadlines and refusal grounds for a permit of use
Granting the permit of use30 days from filing the application
Approval or opinion from another authorityup to 10 days
You cannot get a permit of use without a building notice or building permit. If a notice or permit was required for the construction and it is missing, the municipality will not consider the application for a permit of use and will return it. In that case you have to start with legalising the building – see the guide to unauthorised construction.

State fees

ProcedureState fee
Notice of use (kasutusteatis)none
Permit of use – dwelling30 €
Permit of use – non-residential building60 €
Permit of use – ancillary buildingas for the building it serves: 30 € for a residential building, 60 € for a non-residential one

If one application for a permit of use covers several buildings that require a permit, the fee is paid for each building separately. The state fee is the smallest part of the total cost – what makes up the rest is set out in the guide how much a permit of use costs.

Common mistakes

  1. 1.Following the old rules. People apply for a permit of use for a private house, although a notice of use is now enough.
  2. 2.The ancillary building is put in the wrong row. The garage of an apartment building is not an ancillary building of a private house.
  3. 3.Only the area is considered. For a non-residential building, a height over 5 m also decides.
  4. 4.Starting to use the building before 10 days have passed. The notice must be filed in advance, not on moving day.
  5. 5.An extension is assessed by the original size. What counts is the size of the building after the extension.
  6. 6.Forgetting that the previous stage was never done. If the building notice or building permit is missing, even a careful application for a permit of use will not help.

If the municipality asks for more documents after you file, don't worry – this is normal. The guide the municipality asks for more documents shows how to reply.

Back to all guides, or see the ready-made document kits and personal services.

Related kits and services

The guides give an overview. If you want ready-made document templates and a checklist, choose the kit that fits your situation.

If construction is still under way

Siteo – construction diary and hidden works certificates on your phone

The diary and certificates are the documents that are hardest to piece together afterwards. Siteo fills in the diary from speech, keeps the certificates in order with photos and assembles the handover package for the Building Register. 14 days free.

See what Siteo does

Don't want to do it yourself? Order EHR procedure handling, restoration of construction documents or a full solution for legalising a building.