A bigger kitchen at the expense of the pantry, an enlarged bathroom, a sauna in the bathroom, a fireplace in an old flue – many apartments have been altered over the years, but the Building Register (EHR) still shows the old plan. It usually comes up when selling the apartment, taking a loan or getting insurance. The good news: in most cases this can be fixed without a retrospective building permit.
Was it a reconstruction at all?
Under § 4(3) of the Building Code, reconstruction is construction that significantly changes the properties of a building. In particular, it is:
- altering or replacing the building's load-bearing or stiffening structures;
- changing the building envelope (e.g. external walls, window openings);
- installing, altering or removing a building service system in a way that changes the building's appearance or other properties (water, sewerage, ventilation, heating, electricity).
Replacing a single component with an equivalent one is not a reconstruction. Removing a non-load-bearing partition or installing a sliding wall is generally not a reconstruction either. In older buildings, though, it is worth checking the building's design to make sure the wall was not a stiffening wall.
It matters when the alterations were made
| Alterations made | What applies |
|---|---|
| Before 22.07.1995 | A legal basis is presumed (§ 28 subs. 1¹ of the Building Code and Planning Act Implementation Act). The data is entered in the Building Register (EHR) with a data submission notice (§ 28 subs. 3). No retrospective permit is required. |
| 22.07.1995 – 30.06.2015 | The building must be safe. Safety is assessed against the requirements in force at the time of construction; if there is no building design and a permit or notification is required, a building audit is carried out (§ 28 subs. 5–6). In practice, a measurement drawing is submitted together with evidence. |
| After 01.07.2015 | Today's rules apply. Altering building services in an apartment building may require a building notice and a building design – these can also be submitted retrospectively. |
If there is no evidence of when the works were done, the alterations are presumed to be later. That is why evidence matters: old designs, the plan from the privatisation or sale contract, an inventory drawing, photos, invoices.
What you usually need
- Measurement drawing of the apartment – the current plan with a schedule of rooms.
- Evidence of when the works were done – designs, contracts, old plans, photos.
- Electrical installation audit, if a sauna, sauna heater or underfloor heating was added or the wiring was changed. The audit is carried out by an accredited inspection body.
- Chimney sweep's certificate, if the apartment has a fireplace or stove.
- Apartment association approval, if the works affected common parts of the building (risers, ventilation shaft, heating system).
Who processes it
The notice is submitted in the Building Register (ehr.ee). It is reviewed by the local authority – in Tallinn the Urban Planning Department, in Tartu the city government – which enters the data in the register. The local authority may ask for additional documents; the final decision is theirs.
Why put it right at all
- Sale: the buyer and their bank check the Building Register (EHR). A plan that doesn't match can lower the price or stall the deal.
- Loan and insurance: the bank and insurer may ask whether the alterations are lawful.
- Safety: the electrical audit and chimney sweep's certificate are useful to the owner too.
Summary
| Situation | Usual solution |
|---|---|
| Only non-load-bearing partitions | Correcting the register data with a measurement drawing |
| Alterations before 22.07.1995 | Data submission notice + measurement drawing + evidence |
| Sauna, bathroom extension 1995–2015 | Notice + measurement drawing + electrical audit |
| Fireplace or stove | Plus a chimney sweep's certificate |
| Load-bearing walls altered | Building design or audit; ask for advice first |
Frequently asked questions
Do I need a permit to remove a partition wall in an apartment?
Removing a non-load-bearing partition or installing a sliding wall is generally not reconstruction and no permit is needed. Altering a load-bearing or stiffening wall is reconstruction – a building design or audit is then needed.
How do I get the new apartment plan into the Building Register?
Order a measurement drawing (the current plan with a room schedule) and submit a data submission notice in the Building Register together with evidence. The notice is reviewed by the local government – in Tallinn, the Urban Planning Department.
Do changes made before 1995 have to be legalised retrospectively?
For changes made before 22 July 1995, a legal basis is presumed (EhSRS § 28 subs. 1¹). No retrospective permit is required – the data are entered in the register with a data submission notice.
Are separate documents needed for a sauna or fireplace?
For a sauna or electric underfloor heating it is sensible to have an electrical installation audit; for a fireplace or stove a chimney sweep's certificate is needed. If the work affected common parts of the building, get confirmation from the apartment association.
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