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.
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 is | Notification to the municipality | A decision of the municipality, i.e. an administrative act |
| When you file | At least 10 days before you start using it | Before you start using it |
| When you can start using it | If the municipality does not announce an additional check within 10 days | Once the permit is granted – the municipality decides within 30 days |
| Building design | Only if Annex 2 requires it | Always – the design it was built to |
| State fee | none | residential 30 €, non-residential 60 € |
| Valid for | Indefinite | Indefinite, 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.
| Building | New building | Extension up to 33% | Extension over 33% |
|---|---|---|---|
| Private house (detached house) or two-apartment house, over 20 m² or over 5 m | Notice 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 m | not needed | not needed | not needed |
| Ancillary building of a private house over 20 m² or over 5 m, including over 60 m² | Notice 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 m | not needed | not needed | not needed |
| Apartment building, terraced house, non-residential building 20–60 m² and up to 5 m | Notice 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 m | Permit of use | Notice of use + building design | Permit of use |
| Apartment building, terraced house, non-residential building over 60 m² | Permit of use | Permit of use | Permit 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.
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.
Deadlines
| Step | Deadline |
|---|---|
| Filing the notice of use | at least 10 days before starting to use it |
| Municipality's notice of an additional check | within 10 days of filing the notice |
| If the municipality announced an additional check | the procedure continues under the deadlines and refusal grounds for a permit of use |
| Granting the permit of use | 30 days from filing the application |
| Approval or opinion from another authority | up to 10 days |
State fees
| Procedure | State fee |
|---|---|
| Notice of use (kasutusteatis) | none |
| Permit of use – dwelling | 30 € |
| Permit of use – non-residential building | 60 € |
| Permit of use – ancillary building | as 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.Following the old rules. People apply for a permit of use for a private house, although a notice of use is now enough.
- 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.Only the area is considered. For a non-residential building, a height over 5 m also decides.
- 4.Starting to use the building before 10 days have passed. The notice must be filed in advance, not on moving day.
- 5.An extension is assessed by the original size. What counts is the size of the building after the extension.
- 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.
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