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BUILDING AND USE AND OCCUPANCY PERMIT

Building and usage permits are essential to the construction process, ensuring that all buildings, including PVC halls, comply with legal, safety, and environmental regulations. Before erecting a PVC hall, it is essential to understand the necessity of a building permit and the related application process. Once the PVC hall is installed, a usage permit is required to confirm that the structure meets its intended purpose and regulatory requirements. This post provides an overview of when a PVC hall requires a building and usage permit, the application process, and the necessary documentation in the Republic of Estonia.

BUILDING PERMIT

What is a building permit, and why is it necessary?

A building permit is an administrative act that grants permission to begin construction. It serves to verify before any construction work starts that the planned building and the intended construction works comply with all applicable requirements – including building standards, planning or zoning regulations, health and safety rules, fire safety standards, environmental regulations, and other relevant requirements. Thus, the building permit process determines whether the proposed design of a building meets the legal norms. Once the building is completed, the building permit also serves an identifying function for that structure. 1

When is a building permit required?

A building permit is required for constructing a building with a footprint exceeding 60 m² and a ridge height over 5 meters, as well as for extensions exceeding 33% of the existing area. Additionally, the erection and demolition of buildings require a building permit. Any reconstruction or expansion of non-residential buildings (even under 33% of the existing area) also requires a building permit and a construction project that meets all applicable requirements. The requirement for a building permit is outlined in Annex 1 of the Building Code. 2
There is also information available regarding construction notifications and small buildings.

What documents are required when applying for a building permit?

To obtain a building permit, an application must be submitted to the authority that issues building permits. Generally, the permit is issued by the municipality (KOV), which may involve various relevant parties in the process if necessary (for example, neighboring property owners or the Rescue Board). In some cases, the Consumer Protection and Technical Regulatory Authority (Tarbijakaitse ja Tehnilise Järelevalve Amet) will issue the building permit—for instance, if the application involves structures whose construction is based on a national designated spatial plan. 3

Along with the building permit application, a compliant building design documentation must be submitted. A building design documentation is a set of documents required for the construction and use of a building (or part of a building). It generally includes an explanatory memorandum, a list of materials and specifications (including quantities and dimensions), technical and architectural drawings, maintenance guidelines, and other relevant documents. For the purposes of obtaining a building permit, a preliminary construction project (eelprojekt) is usually sufficient. The preliminary project typically consists of an explanatory memorandum, location map, site plan, floor plans, building elevations and sections, and other necessary drawings. Additional documents may include utility network plans, vertical planning, and road design if required.

The content and legal definition of a building design documentation 4 are specified in the Building Code.

The building permit application and all related documents must be submitted electronically via the Building Register (ehitisregister). 5

The building permit application must include the following::

  • applicant’s name, contact details, submission date, and signature;
  • the particulars of the person who created the building design documentation;
  • details of the independent expert responsible for verifying the building design documentations’s compliance;
  • method of delivery for the permit;
  • the particulars and cadastral code of the item of immovable property on which building work is to be performed;
  • the aim of applying for the building permit, including the description and purpose of use of the envisaged construction work;
  • where the application concerns a temporary construction work, the period of time envisaged for using the construction work;
  • where required, the energy performance certificate;
  • information regarding payment of the statutory fee. 6

The statutory fee is paid separately for each building subject to building permit requirement and included in the application. The exact amount of the statutory fee is regulated by the Statutory Fees Act. 7

Under what conditions is a building notice sufficient instead of a building permit?

A building notice (ehitusteatis) is sufficient for buildings with a footprint under 60 m² and a ridge height below 5 meters, as well as for extending an existing building by up to 33% of its area. 8

How long does it take to obtain a building permit for a PVC hall? Can construction begin before the permit is issued?

The competent authority issues the building permit within 30 days from the date of filing the application (processing times are usually shorter outside Tallinn). The permit is granted only if the submitted construction project meets all applicable requirements. Above all it must comply to the detailed spatial plan or design specifications and to the requirements for construction works and for building work. 9

A building permit is valid for five years, meaning construction must begin within this period. If construction does not begin within five years, a new building permit must be applied for. When building work has commenced, the building permit remains valid for up to seven years from the time it became valid. In exceptional cases, the validity period of the permit may be extended or amended. 10

A building permit is tied to the property. This means it remains valid even if ownership of the property changes. 11 However, once a use and occupancy permit (kasutusluba) is issued for a building, the building permit becomes invalid, meaning all construction activities must be completed by that time. 12

Construction may not begin before a building permit has been issued. Once a permit is granted, a notice of commencement of building work (ehitamise alustamise teatis) must be submitted. Construction may start three working days after submitting this notice. Before the permit is issued, only preparatory work (e.g., clearing construction debris, removing trees with a felling permit, fencing off the construction site) is allowed.

USE AND OCCUPANCY PERMIT

What is a use and occupancy permit, and why is it necessary?

A use and occupancy permit is an administrative authorization issued by the municipality (KOV) confirming that a completed building or a part of it complies with the prescribed requirements, the approved construction project submitted during the building permit application, and the building’s intended use.

Municipality (KOV) initiates the process and appoints a commission to inspect the building. The commission includes a representative from the Rescue Board (Päästeamet). However, the Rescue Board does not itself conduct administrative procedures in the detailed permit for use procedures, but gives its approval or refuses to grant it in the procedure carried out by the local government. 13

A use and occupancy permit must be obtained after construction is completed and before the building is used in cases specified in Annex 1 of the Building Act. 14

According to the Building Act, the purpose of a use and occupancy permit is to:

  • Confirm that the building meets the applicable requirements at the time of permit issuance;
  • Authorize the use of the building for the purpose specified in the permit application;
  • Determine the designated use of the building.

A building must comply with all requirements related to its intended use. The list of designated building uses is established by ministerial regulations. 15

What documents must be submitted when applying for a use and occupancy permit?

To apply for a use and occupancy permit, a formal application must be submitted to the issuing authority, generally the local municipality (KOV). However, in some cases, the Consumer Protection and Technical Regulatory Authority (Tarbijakaitse ja Tehnilise Järelevalve Amet) may issue a use and occupancy permit, particularly for buildings constructed under a national designated spatial plan. 16

Along with the use and occupancy permit application, a compliant building design documentation must be submitted. For a building permit, a preliminary project (eelprojekt) is typically sufficient. However, for a use and occupancy permit, the project must be at least in the main project stage (põhiprojekt), which includes a more detailed technical design and key structural solutions. Technical utility network lines, vertical layouts, and road design plans must also be submitted if necessary.

The use and occupancy permit application and all associated documents must be submitted to local municipality (KOV) electronically via the Building Register (ehitisregister). 17

The application of use and occupancy permit must include the following:

  • applicant’s name, contact details, submission date, and signature;
  • the manner of delivery of the use and occupancy permit;
  • the particulars and cadastral code of the item of immovable property on which building work is to be performed;
  • the aim of applying for the permit, including the description and purpose of use of the completed construction work and the type of building work;
  • where a temporary construction work is to be used, the period of use applied for;
  • maintenance instructions, if its part of building design documentation;
  • the particulars of the person who built the construction work and, where relevant, the particulars of the person who created the building design documentation;
  • details of the independent expert confirming building design documentation compliance with legal and technical requirements;
  • where required, the energy performance certificate;
  • proof of the construction work having being audited;
  • building documentation, except where the scope of the application for a use and occupancy permit is limited to changing the purpose of use of the construction work;
  • information regarding payment of the statutory fee. 18

A statutory fee must be paid when applying for a use and occupancy permit. If the application includes multiple buildings, the statutory fee is paid separately for each building subject to use and occupancy permit requirement and included in the application. The exact fee amounts are determined by the State Fees Act. 19

A building design documentation must be submitted along with the use and occupancy permit application to assess whether the building complies with safety and regulatory standards and is safe for use. However, the filing of the building design documentation is not required if the scope of the application is limited to changing the purpose of use of the construction work (without any physical modifications). 20

How long does it take to obtain a use and occupancy permit?

A use and occupancy permit is issued within 30 days from the submission of a complete application. The permit is granted only if the building complies with the applicable legal requirements and the conditions set by the building permit.

Does a PVC hall require both a building permit and a use and occupancy permit? Why?

Yes. A PVC hall is typically classified as a structure exceeding 60 m² in footprint and more than 5 meters in height. Therefore, it requires both a building permit and a use and occupancy permit.

***

When installing and putting a PVC hall into use, it is crucial to comply with the applicable requirements to ensure its conformity with safety, regulatory, and environmental standards. A building permit grants authorization to begin the installation of the PVC hall, while a usage permit confirms that the completed structure meets the required standards and can be used for its intended purpose. Adhering to permit requirements and following the correct application process helps to avoid potential issues and ensures a smooth and legally compliant procedure. When planning and constructing a PVC hall, it is essential to follow all necessary steps to prevent future legal, technical, and safety-related obstacles.

References

  1. Original text in Estonian: Riigikohtu halduskolleegiumi otsus 3-3-1-25-02. ↩︎
  2. Building Code1 Annex 1, Tabulated overview of the obligation to submit a building notice or building design documentation and to apply for a building permit – Riigi Teataja, entry into force 01.07.2023 ↩︎
  3. Building Code1 § 39 – Riigi Teataja, in force from 01.01.2025 ↩︎
  4. Building Code1 § 5 – Riigi Teataja, in force from 01.01.2025 ↩︎
  5. https://livekluster.ehr.ee/ui/ehr/v1 ↩︎
  6. Building Code1 § 40 – Riigi Teataja, in force from 01.01.2025 ↩︎
  7. Statutory Fees Act1 § 3311 – Riigi Teataja, in force from 01.01.2025 ↩︎
  8. Building Code1 Annex 1, Tabulated overview of the obligation to submit a building notice or building design documentation and to apply for a building permit – Riigi Teataja, entry into force 01.07.2023 ↩︎
  9. Building Code1 § 42 lg 5 – Riigi Teataja, in force from 01.01.2025 ↩︎
  10. Building Code1 § 45 – Riigi Teataja, in force from 01.01.2025 ↩︎
  11. Original text in Estonian: Proosa, M., Pettai, P. Uus ehitusseadustik ja ehitamine. Tallinn: Kinnisvarakool OÜ 2015, lk 225. ↩︎
  12. Original text in Estonian: Riigikohtu halduskolleegiumi otsus 3-3-1-63-10. ↩︎
  13. Estonian Rescue Board, Permits for use ↩︎
  14. Building Code1 Annex 1, Tabulated overview of the obligation to submit a building notice or building design documentation and to apply for a building permit – Riigi Teataja, entry into force 01.07.2023 ↩︎
  15. Original text in Estonian: Ehitusseadustik1 Lisa 1, EHITISE KASUTAMISE OTSTARVETE LOETELU – Riigi Teataja, in force from 02.06.2015 ↩︎
  16. Building Code1 § 51 – Riigi Teataja, in force from 01.01.2025 ↩︎
  17. https://livekluster.ehr.ee/ui/ehr/v1 ↩︎
  18. Building Code1 § 52 – Riigi Teataja, in force from 01.01.2025 ↩︎
  19. Statutory Fees Act1 § 3313 – Riigi Teataja, in force from 10.12.2014 ↩︎
  20. Building Code1 § 52 lg 3 – Riigi Teataja, in force from 01.01.2025 ↩︎

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