Transaction · 8 min

Selling a house or taking a loan: what the notary and the bank check in the Building Register

Register errors come out precisely at the time of the transaction. We explain what the notary and the bank look at, which errors are most common and how to fix them in order.

Published · Seadusta.ee

The buyer has been found, the notary appointment is booked and the bank asks for a valuation report. Then it turns out that the sauna is not in the Building Register, the house area in the register is 40 m² smaller than in reality, or a permit of use was never applied for.

This almost always comes to light during the transaction, because that is when someone other than the owner looks at the register for the first time. This guide explains what the notary and the bank check, which register errors are most common and how to fix them in order.

The most important point in one sentence. By law, Building Register data have only informative meaning – notices and permits are what have legal meaning. So correcting the numbers in the register does not solve the problem if the building lacks the required building notice, building permit, notice of use or permit of use.

Why the register matters so much in a transaction

The land register shows who owns the land. The Building Register shows what stands on it: which buildings, how big, for what use and on the basis of which notice or permit. Each building is listed separately – a house, a sauna and a garage are three separate entries.

The buyer is actually paying for these buildings. If the register and reality show different pictures, the question arises of what exactly is being paid for and whether it was built lawfully.

What the notary checks

The notary's duties come from the Notaries Act and the Notarisation Act. In simple terms:

  • Registers. To ensure that the notarial act is correct, the notary checks the related data in the relevant registers.
  • Land register. Before the transaction, the notary checks whether the seller has the right to dispose of the property.
  • Explanation. The notary explains the meaning and consequences of the transaction to the parties. If doubts arise, the notary discusses them with the parties and may record the explanation in the contract.
  • Energy performance certificate. A sale advert for a building must include the energy certificate data, and the certificate is handed over to the buyer. The requirement is met if the certificate is visible in the Building Register.

The notary is not building control and does not decide whether the building is lawful. But if the Building Register data do not match what is being sold, it will come up at the notary's desk – and the buyer will find out at the most awkward moment.

What the bank looks at

If the purchase is financed with a loan, the property is the bank's collateral. Banks have explained publicly that they check the legality of the collateral against the land register and the Building Register, and that a missing permit of use does not always mean automatic refusal – what matters is why it is missing and who is sorting it out.

Terms differ between banks and change over time. So before the transaction, ask your bank in writing what it requires in your situation: whether starting the procedure is enough or whether the notice of use or permit of use must be in the register before the loan is paid out.

If you are selling and the buyer is taking a loan, the bank's requirement affects you too. The sooner you find out about an error in the register, the more options you have.

Typical problems and what they mean

ProblemWhat it meansHow to fix it
Building not in the register, built before 22.07.1995A legal basis is presumed, except for buildings on land not entered in the land registerData submission notice to the Building Register with evidence of when it was built
Building not in the register, built later without a notice or permitUnauthorised buildingLegalising after the fact – see the guide
Area or number of floors in the register is wrong, the building itself has not changedError in register dataRegister correction entry based on correct data, e.g. a survey
Area differs because the building was extendedExtending is constructionBuilding notice or building permit under Annex 1, and notice of use or permit of use under Annex 2
Building permit exists, permit of use is missingThe last stage was never doneNotice of use or application for a permit of use under the current Annex 2
Wrong use, e.g. people live in the saunaChange of useNotice of use for the change of use

A register correction entry can only fix data whose correction does not require a procedure under the Building Code. If the area differs because the house was built bigger, that is not a data error but construction, and it has to go through the normal procedure.

Proving when it was built is your responsibility. If the owner does not provide sufficient evidence of when the building was built, it is presumed to have been built later – and then stricter rules apply. Old photos, invoices, maps and aerial photos are the most valuable here.

How to fix it: steps

  1. 1.Check the Building Register for all buildings on your property and compare them with what actually stands on the ground. For each building, note the area, number of floors, use and which notices or permits are in the register.
  2. 2.Determine the situation of each building. Is the error in the data, is the last stage missing, or was it built without a notice or permit? The table above helps.
  3. 3.Gather evidence of when it was built, especially for buildings that are not in the register.
  4. 4.Ask the municipality in writing which procedure it expects for each building. A written answer also helps with the notary and the bank.
  5. 5.Order a survey if the area or number of floors is wrong or there are no drawings. If there is no building design, a building audit is ordered to assess safety – in the procedure it replaces the building design and construction documents.
  6. 6.File in the EHR the relevant document: a data submission notice, a correction request, a notice of use or an application for a permit of use.
  7. 7.After the entry is made, get an extract from the register and give it to the notary and the bank. The state fee for a certified extract is 2 euros per page.

The difference between a notice of use and a permit of use is explained in the guide notice of use or permit of use. Filling in the Building Register form step by step is covered in the guide building notice and permit of use in the EHR.

How long it takes

The municipality's procedural deadlines are set in law. But most of the time is spent before that – on gathering documents and waiting for specialists.

StageTime
Reviewing the register and gathering evidencedepends on you – often a couple of evenings
Survey, audit, documents for specialist systemsdepends on specialists' waiting lists – ask straight away
Notice of use (kasutusteatis)at least 10 days, if the municipality does not announce an additional check
Permit of use or additional checkup to 30 days, plus any rounds of requests for more documents
Legalising after the factseveral stages in a row: notice or permit, then notice of use or permit of use

The quickest case is when the error is only in the data. The most time-consuming is a building built without a notice or permit, because then two procedures have to be done one after the other.

If the transaction is close

  • Tell the buyer honestly. A hidden register error will come out at the notary anyway, and trust will go with it.
  • Start the procedure straight away. A filed notice or application together with the municipality's written reply is a much stronger argument than a promise.
  • Agree a deadline in writing. If the transaction takes place before the register is in order, write into the contract who will obtain the missing document and by when. Discuss this with the notary.
  • Talk to the bank early. Ask in writing on what condition the loan will be paid out.

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