Free guides

Guides and advice

Practical articles on the building notice, notice of use and legalising a building – under the 2026 rules, in plain language.

In-depth guides

Three long guides that take you through the topic from start to finish – with deadlines, requirements and document lists.

Latest

Core guides

Legalisation · 6 min ·

How to legalise a building built before 1995 under the 2026 rules

From 1 August 2026, a building built before 22.07.1995 is considered lawful without a safety audit, and the 500 € state fee has been abolished. In practice you only need to prove when it was built and enter the data in the Building Register.

What changed on 1 August 2026?

Previously, even an old building's safety had to be proven with an audit, and legalisation cost a 500-euro state fee. Now a building built before 22 July 1995 is deemed lawful and the 500-euro state fee has been abolished. Buildings on unregistered land may be an exception – check your situation with the municipality. If you would like someone else to handle the paperwork, see the full building legalisation service.

Step by step

  1. 1.Check on ehr.ee whether the building is in the register and whether the data (area, use, year of construction) are correct.
  2. 2.Prove the construction date. Good free evidence is a historical orthophoto in the map application of the Land and Spatial Board (Maa- ja Ruumiamet) – choose an early-1990s layer and take a screenshot showing the building.
  3. 3.Add other evidence: the technical inventory (BTI) file, old plans and permits, insurance or electricity contracts, dated photos, written confirmations from neighbours.
  4. 4.Order measured drawings of the building: floor plans, section, elevations, site plan and technical data.
  5. 5.Submit a data submission notice in EHR with the measured drawings and evidence. Add a short cover letter explaining the construction date.
Note: if the building was significantly rebuilt or extended after 1995, that part is treated as a later building. Audits and a notice of use may then be needed – see the article on lost documents.

What about buildings built in 1995–2015?

For a building built without a permit in 1995–2015, you must prove compliance with the safety requirements in force at the time of construction (from 2003 also with the spatial plan). Usually a building audit and documents for the electrical, heating and, where relevant, gas installations are needed. Here too the 500-euro state fee was abolished from 01.08.2026.

See the notice of use and legalisation kit – a cover letter for different situations, a 100-point checklist and a cheat sheet for surveys and audits.

Notice of use · 5 min ·

What to do if the construction diary and hidden works certificates are lost?

Missing construction-stage documents are not a lost cause. Compliance can be shown with photos, invoices, a summary sheet, certificates drawn up afterwards and, if needed, a building audit.

The documentation requirements for construction call for a construction diary, hidden works certificates and as-built drawings. If these are lost or were never made, the municipality will often ask, with the notice of use or permit of use, how you will prove the building complies. The good news: this can be done in other ways.

Action plan

  1. 1.Inventory. Gather invoices, contracts, receipts, e-mails, messages with the builder and especially phone photos – they carry dated metadata.
  2. 2.Ask for copies from the builder, designer, owner's supervision and materials supplier.
  3. 3.Prepare a construction diary summary sheet: stages, dates, who did the work, materials and references to evidence.
  4. 4.Retrospective hidden works certificates – only for work you have evidence for. State clearly that the certificate was drawn up retrospectively.
  5. 5.Unproven parts are assessed by the building auditor, if necessary using openings, thermography, endoscopy or moisture measurements.
  6. 6.Draw up an owner's inspection report that brings all the evidence together on one page.
  7. 7.Talk to the municipality before submitting: what exists, what has been restored, what is replaced by an audit. If needed, order restoration of construction documents and certificates.
Missing documentWhat to replace it with
Construction diarySummary sheet + invoices + dated photos + builder's confirmation
Hidden works certificatesPhotos from construction + retrospective certificate + audit
As-built drawingsMeasured drawings project
Electrical work documentsElectrical installation audit
Heating appliance documentsChimney sweep's report + heating system assessment
Geodetic locationGeodetic as-built survey
Never backdate certificates. A certificate drawn up retrospectively is entirely acceptable if it is honestly marked and based on evidence. A backdated document can lead to liability.

The Legalisation kit includes ready-made Word templates for the summary sheet, hidden works certificate and inspection report.

Basics · 5 min ·

Building notice vs permit of use: which one to choose?

These are not alternatives but different stages of the process: a building notice or building permit before you build, a notice of use or permit of use afterwards. We explain what applies when.

Many people look for an answer to "notice or permit?" – but in fact construction has two separate stages, each with its own document. Before building, the building notice kit helps; after completion, the notice of use and legalisation kit.

StageSimpler documentStricter document
Before constructionBuilding notice (+ design if needed)Building permit
After buildingNotice of use (kasutusteatis)Permit of use (kasutusluba)

Before building: notice or permit?

For a detached house and its ancillary buildings (2026 rules):

  • •Up to 20 m² and up to 5 m – no documents needed.
  • •20–60 m² and up to 5 m – building notice + building design.
  • •Over 60 m² or over 5 m high new building – building permit.
  • •Extension – up to 33% notice, over 33% permit (see the 33% rule).

After building: notice of use or permit of use?

From 1 August 2026, a notice of use is generally enough to start using a detached house, a two-apartment house and their ancillary buildings – even if the house was built under a building permit. You may start using it if the municipality does not notify you of the need for further checks within 10 days. A permit of use is needed mainly for apartment buildings and larger non-residential buildings (over 60 m² or over 5 m high).

Notice of use (kasutusteatis)Permit of use (kasutusluba)
ProcedureYou may start using it if there are no requirements within 10 daysDocument check, often a site inspection
State feeNoneResidential 30 €, non-residential 60 €
Typical useDetached house, sauna, garage, shedApartment building, commercial building
In short: building new → start with a building notice or building permit. Building finished → file a notice of use or permit of use. We have a separate kit for each stage.

A · I plan to build

Building notice kit

Buy the Building notice kit (29 €)

B · The building is finished

Legalisation kit

Buy the Notice of Use Kit (39 €)

EHR · step by step

How to fill in a building notice in the Building Register (EHR)

A building notice is submitted in the Building Register at ehr.ee. You log in with an ID card, Mobiil-ID or Smart-ID. There is no state fee for a building notice, and the case is usually handled by your rural municipality or city.

Before you start, have to hand: the cadastral number, the EHR code of the existing building (for an extension), the building's dimensions (footprint area, height, volume), the corner coordinates of the building and the digitally signed building design as a PDF.

  1. 1.From the menu choose "Esita taotlus või teatis" (submit an application or notice) and as the document type "Ehitusteatis". If in doubt, use the EHR Ehitusgiid (construction guide).
  2. 2.Add the related persons: the submitter, all owners and the designer. Check your e-mail and phone number.
  3. 3.Select the existing building (by EHR code) or create a new one. Mark exactly the activities covered by the design.
  4. 4.Name the building after what it is: "Saun" (sauna), not "Sauna ehitamine" (building a sauna).
  5. 5.Enter the dimensions for the end result and link the building on the map to the correct cadastral unit.
  6. 6.Add the design files as type "Ehitusprojekt", and consents and the cover letter as type "Muu lisa".
  7. 7.Select the correct municipality as the handling authority, e-mail for delivery, and press "Esita".
After submitting: you may start building if within 10 days the municipality has not notified you of the need for further checks or set any requirements. Put these dates in your calendar.

Extension

The 33% extension rule: is a notice enough?

When extending a detached house or two-apartment house, the key question is whether the extension is below or above 33% of the original building footprint area or volume. The basis is the lawfully built existing situation recorded in the Building Register.

(new figure − original figure) ÷ original figure × 100

Example 1 · area

House 120 m², extension 35 m²
35 ÷ 120 × 100 = 29%

Below 33% → building notice + building design

Example 2 · volume

Volume 480 m³, attic storey +200 m³
200 ÷ 480 × 100 = 42%

Over 33% → building permit

Quick table: detached and two-apartment houses and ancillary buildings

Building sizeNew constructionExtension up to 33%Extension over 33%
0–20 m², up to 5 mNot neededNot neededNot needed
20–60 m², up to 5 mNotice + designNoticeNotice + design
0–60 m², over 5 mBuilding permitNotice + designBuilding permit
Over 60 m²Building permitNotice + designBuilding permit

Source: Annex 1 to the Building Code (version of 01.08.2026), simplified. When choosing the type of procedure, go by the end result of the work. Check the current text in Riigi Teataja.

The most common trap: only the area is checked. Adding a storey doesn't change the house's footprint but can increase the volume by more than 33%. Always check both figures.

Consents

Neighbour and co-owner consent: when and how

Neighbour's consent

Many municipalities' building regulations require a set distance from the neighbouring property boundary (often 4 m). If you want to build closer to the boundary, you need the neighbour's written consent. Always attach a site plan with distances to the consent – the consent must relate to a specific solution.

Co-owner approval

If the property is in co-ownership (e.g. after inheritance), building a new building or an extension generally requires the consent of all co-owners, unless a different arrangement of use is entered in the land register.

Apartment association

In an apartment building, work affecting common parts (facade, roof, load-bearing structures) is decided by the apartment owners. For more significant changes, the consent of all apartment owners may be needed – also check the association's articles.

Important: neighbour consent does not replace fire safety requirements. If the distance between buildings is under 8 m, the design must include a fire separation solution.

Both kits include ready-made forms for consent from the neighbour, co-owners and apartment association.

See the kits

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.