The sauna Grandad built never made it into the register. An extension was added to the back of the house ten years ago, but the paperwork was never done. The garage exists, but not in the register. These are everyday situations in Estonia and most of them can be resolved – usually much more simply than people fear. The most important thing is to understand which situation your building falls into, because all the further work depends on it.
First of all: which situation is yours
| Situation | Description | What is needed |
|---|---|---|
| A | Built with a permit, documents exist, only the permit of use is missing | Notice of use or permit of use with the existing documents |
| B | Built with a permit, but some documents are lost or it was built differently from the design | Restored documents, and if needed a survey, audit and amended design |
| C | The building was built before 22 July 1995 and is missing from the register | Notice submitting data to the EHR, measured drawings, evidence of the construction date |
| D | The building was built 22.07.1995 – 30.06.2015 without the required permit | Building audit, additional audits, EHR entry and notice of use or permit of use |
| E | The building was built from 01.07.2015 without the required notice or permit | The normal procedure retrospectively: measured survey design, notice or permit, then notice of use or permit of use |
Why it matters at all
Property transaction
An unregistered building does not appear on the Building Register extract. In practice this means the buyer gets no confirmation that the building exists and is lawful. The deal may drag on, the price may drop or the buyer may pull out. A problem discovered before a sale is always more expensive than one solved early, because the deadline puts on pressure.
Bank loan and mortgage
Banks and valuers generally rely on Building Register data. If the building is not in the register or its data is wrong, it may not count as value in the valuation report. This affects both the loan amount and the value of the collateral. The exact terms depend on the specific bank – ask them before you do anything.
Insurance
In the event of a claim, insurers often ask for the building's details and whether it is lawful. If the building is not in the register, compensation may become a matter of dispute. Check the terms of your policy.
Supervision
If the local authority discovers the building during supervision, it may issue a precept and impose a non-compliance levy, and in extreme cases demand demolition. A procedure started voluntarily and correctly almost always runs more smoothly than one that begins with a precept from the municipality.
Buildings built before 22 July 1995
- 1.Gather evidence of when it was built.
- 2.Order measured drawings – plans, sections, elevations, site plan.
- 3.Submit a notice of the building's data via the EHR, together with the evidence and drawings.
- 4.Answer the municipality's questions and, if needed, arrange a site inspection.
- 5.A notice of use or permit of use is generally not needed if the building's use does not change.
An important nuance: if the building has been substantially rebuilt or extended after 1995, that part is treated as a later building and the rules of that period apply to it. A new extension under an old roof does not become old.
Buildings built without a permit in 1995–2015
This is the most labour-intensive situation. The building must meet safety requirements and this must be proven. The level of requirements depends on exactly when it was built: a building built between 22.07.1995 and 31.12.2002 must meet the safety requirements in force at the time of construction.
Typical document package
- Building audit – a qualified specialist's assessment of the structures, fire safety and safety in use; also includes technical data for the EHR.
- Measured drawings or measured survey design – plans, sections, elevations, site plan based on the actual situation.
- Electrical installation audit together with test reports.
- Gas installation audit, if the building has gas heating or a gas cooker.
- Heating system documents and the chimney sweep's certificate.
- If needed, water and sewerage documents and fire safety certificates – including the firefighting water point test certificate, if the municipality asks for it.
From 1 August 2026 the 500-euro state fee for legalising has been abolished. If the procedure ends with a permit of use, the state fee for the permit of use must be paid.
Buildings built without a permit from 1 July 2015
Here the normal procedure is carried out retrospectively: first a measured survey design showing the actual situation, then a building notice or building permit, and finally a notice of use or an application for a permit of use. If there are no documents for the concealed structures, a building audit proving their compliance is also needed. The technical side of the procedure works exactly as for ordinary construction – see the guide on applying for a building notice and permit of use in the EHR.
Where to start: seven steps
- 1.Check the Building Register to see what is recorded about your property at all. It often turns out that some buildings are in the register, some are not, and the data is out of date.
- 2.Establish the year of construction and gather evidence for it. This decides the whole route ahead.
- 3.Make a list of all buildings on the property and mark which situation (A–E) each one falls into.
- 4.Ask the municipality in writing what they expect for the specific building. A written reply is worth its weight in gold later.
- 5.Order the survey and an audit if needed. Don't order more than the municipality asks for.
- 6.Collect the audits and certificates – electrics, heating and chimney, gas, water and sewerage.
- 7.Submit in the EHR the required notice or application with a cover letter that explains the situation honestly.
The cover letter is an underrated tool. The case officer reads it first, and it decides whether they understand the situation straight away or start asking questions. A good cover letter states briefly: what the building is, when it was built, why the documents are missing, what you have gathered and what you are applying for.
Costs and timeline
An exact price cannot be given in advance, because it depends on the building and how many documents are missing. For planning the orders of magnitude, it helps to know what the cost consists of:
- Measured survey design – usually the largest single cost, depending on the size and complexity of the building.
- Building audit – needed mainly in situations D and E.
- Specialist audits – electrics, gas; chimney sweep's certificate.
- Geodetic as-built survey, if required.
- State fee – for a permit of use; the 500-euro legalisation fee no longer exists.
- Your own time – gathering and preparing documents realistically takes weeks.
In our experience, a typical legalisation of a private house with some documents missing takes several months – most of that time goes on ordering the survey and audits and waiting in queues, not on the municipality's procedure.
Common mistakes
- 1.Waiting until the sale. A problem discovered before a transaction gets solved in a hurry and at high cost.
- 2.Ordering everything at once. Before the municipality's written position there is no point ordering audits nobody asked for.
- 3.Not proving the construction date. Without it, an old building goes down the more expensive route.
- 4.Treating an extension as part of the old building. An extension built after 1995 is a separate, later building.
- 5.Not writing a cover letter or making it too brief – the case officer cannot understand the situation.
- 6.Not talking to co-owners. On a co-owned property, consent is almost always required.
- 7.Leaving the municipality's answers verbal. Always ask by e-mail so the answer is in writing.
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