Pursuant to the Building Code and the Planning Act Implementation Act, the data in the building register concerning buildings must be organized. According to the law, there is time until 1 January 2020 to organize the data in the building register.
In the course of organizing the data, the buildings not yet entered in the building register will be entered there. Due to the above, we ask all residents to check the legal basis for the construction of buildings with a surface area of more than 20 m² on their real estate (building permit, existence permit) and whether the building exists in the building register or not (ehr.ee – by entering the real estate address in the search bar). If a problem occurs, please contact the Construction Supervision Service of the Construction Board for the necessary instructions.
The Construction Board will also start the inspection itself in order to enter the buildings in the building register. Up-to-date orthophotos are used as a basis for entry in the building register. From the orthophotos, the area under the building and the coordinates of the building are entered in the building register. The data obtained from the orthophotos are compared with the existing data from the building register and the need for further verification is identified.
Identification of buildings not entered in the building register built before the entry into force of the Building Code:
The inspection is based on the provisions of state supervision established in the Law Enforcement Act and the Building Code. The inspection shall, in particular, determine the legal basis for the construction of the building, the area under the building, the purpose of use of the building, the time of construction of the building, information related to previous reconstruction, extension or demolition of the building and other relevant circumstances. If the owner of the immovable does not provide sufficient evidence of the time of construction, it is presumed that the building was built after the entry into force of the Building Act. Technical structures constructed before 1 April 1999 shall be deemed to have been lawfully constructed, regardless of the absence or incompleteness of the relevant data in the building register. Inspection of buildings is based on the time of construction of the building.
Building constructed before the entry into force of the Building Act:
A building or use permit may be granted for a building constructed before 1 January 2003 or the construction or use of the building may be deemed to have been notified pursuant to the provisions of the Building Code. A building or use permit may be granted for the said building or the construction or use of the building may be deemed to have been notified in accordance with the provisions of Annex 1 or 2 to the Building Code.
If the above-mentioned building is not completed, a building permit or a construction notice shall be issued, if necessary. If a building is completed and construction work or work permits are not required, the building may be granted a permit for use or notified of use in accordance with Annex 2 to the Building Code. on the basis of a notice of submission of information to the building register provided for in subsection 60 (5) of the Building Code. The provisions of § 14 of the Law of Property Act Implementation Act shall be taken into account when assessing the legality of the construction of a building.
The building used during the validity of the Building Code must meet the requirements for the safety of the building. The safety of the building shall be assessed in accordance with the requirements in force at the time of construction of the building.
The safety design of a building is based on a construction project. In the absence of a construction project, an audit of the building shall be performed to assess the safety of the building. An audit of a building replaces a construction project in a permit or notification procedure. An audit of the building is ordered by the owner.
Building not entered in the building register built before the entry into force of the Building Code:
A building permit may be issued for a building constructed after 1 January 2003 and before the entry into force of the Building Code, or the construction or use of the building may be deemed to have been notified pursuant to the provisions of the Building Code. A building permit may be granted for construction or use, or construction or use of a building may be deemed to have been notified in accordance with the provisions of Annex 1 or 2 to the Building Code. If the building is not completed, a building permit or a construction notice will be issued, if necessary. If the said building is completed and no work is required to be carried out in accordance with the construction notice or the building permit, the building may be granted a permit for use or notified of use in accordance with Annex 2 to the Building Code.
A building used during the validity of the Building Code must comply with the requirements provided for in subsections 11 (2) and 12 of the Building Code. The safety design of a building is based on a construction project. In the absence of a construction project, an audit of the building shall be performed to assess the safety of the building. As a result of the audit of the building, it must be possible to enter the most important technical data of the building in the building register and, if necessary, to establish the compliance of the building with the detailed plan or design conditions. An audit of the building is ordered by the owner.
The building authority shall decide on the need for additional state supervision measures as a result of the audit of the building, taking into account in particular compliance with the requirements for the building, the possibility of significant or increased danger, time of construction If, as a result of the audit of a building, the need for reconstruction, demolition or other needs of the building becomes apparent, the construction supervision service of the Building Board shall issue a precept to bring the building into conformity.
Source: Viimsi Vallavalitsus