Tauri Tigasson: Simpler Construction Rules Are On The Way

Have you been thinking about building a sauna, garage, or shed, but found yourself stuck in endless paperwork? For many property owners, it is the length of procedures, the volume of documentation, and general uncertainty that put construction plans on hold. In the coming years, however, the situation may improve significantly.

The Government of the Republic has submitted amendments to the Building Code to the Parliament, aiming to reduce bureaucracy and make construction faster, clearer, and more affordable. Minister of Infrastructure Kuldar Leis has explained that for smaller construction works, procedures should not take months or years, but construction should be able to start within weeks. This sends an important signal to both private homeowners and small-scale developers.

What will actually change, which requirements will remain in force, and what should property owners keep in mind going forward? This article provides an overview of the key changes and their practical impact.

Clarification of Design Specifications

Currently, many (re)construction projects require amendments to detailed spatial plans, which is a time-consuming and costly process that may take several years. In practice, changing a detailed plan has been one of the main bottlenecks, even for relatively minor modifications.

Under the reform, amendments to detailed plans will be replaced by the clarification of design specifications. Design specifications are documents issued by local governments that define what can be built on a specific property and under which conditions. The procedure typically takes one to two months and is significantly more flexible than changing a detailed plan.

In the future, design specifications must be clarified, for example, if you wish to:

• build a new auxiliary building (garage, sauna, shed);

• increase the height, area, or number of floors of a residential building;

• construct a shelter on the property;

• change the type of structure (e.g. converting a dug well into a borehole).

It is important to emphasize that even under the new system, the planned construction must comply with the applicable comprehensive plan. If the comprehensive plan does not allow the intended change, the local authority cannot issue design specifications. Thus, substantive spatial restrictions remain in place, but the procedure becomes significantly simpler.

Rules for Building Notices and Building Permits

The amendments also directly affect the system of building notices and building permits, which has so far been confusing and fragmented for many property owners.

Construction of smaller buildings becomes simpler. For non-residential buildings under 20 m² (e.g. small sheds or storage units), a building notice is no longer required. This means fewer documents and faster action. However, the structure must still comply with planning and construction requirements.

Drilling boreholes becomes easier. The current requirement for location approval and a building permit will be abolished. Instead, a building notice with a project will suffice, reducing both processing time and administrative burden.

The validity of building notices is extended. Currently, a building notice expires after two years; under the new rules, it will remain valid for four years. This provides greater flexibility in situations where construction is delayed due to financing, materials, or labor shortages.

A use permit will be replaced by a notice of use. Upon completion of a private house or semi-detached house, a use permit will no longer be required. A notice of use will suffice, typically processed within a few weeks. By comparison, obtaining a use permit can currently take several months.

Although infrastructure projects primarily concern municipalities and the state, private owners should also note that rules are becoming more flexible. For example, in railway and multi-building developments, dozens of separate use permit applications will no longer be required; a single consolidated procedure will suffice.

Additionally, separate use permits will no longer be required for bridges, viaducts, or tunnels. Local authorities will also be able to make minor changes to existing infrastructure (e.g. curb height adjustments, road resurfacing) without undergoing a full design specification procedure.

Legalisation of Existing Buildings

This is one of the most important changes for many property owners. In Estonia, there are thousands of buildings with outdated documentation or that were never properly formalized.

Under the new rules:

• buildings constructed before 22 July 1995 are automatically deemed lawful;

• for buildings constructed before 1 July 2015, it is sufficient to prove safety for legalisation;

• the EUR 500 state fee for registering an unregistered building is abolished.

If a use permit is still required, the standard state fee must be paid, but the previous so-called “penalty fee” will be removed. This change will help regularize a large number of properties whose legal status has so far been unclear.

Simplification Does Not Remove Responsibility

It is important to understand that simplifying procedures does not mean that requirements disappear. Buildings must still be safe, comply with technical standards, and fit into the surrounding environment. Local authorities retain the right to intervene if construction violates the rules.

At the same time, the responsibility of the property owner increases. While many aspects were previously thoroughly reviewed during permitting and approval procedures, the simplified system assumes that the client, designer, and builder act knowingly and responsibly in cooperation.

Before starting construction, it is advisable to:

• check the applicable comprehensive plan;

• assess whether design specifications are required or whether a building notice is sufficient;

• ensure that the project and documentation are correct;

• seek advice from a lawyer or specialist if necessary to avoid future disputes.

Timely advice can save both time and money and reduce legal risks.

Common Mistakes and How to Avoid Them

Before starting construction, attention should be paid to the most common pitfalls that repeatedly arise for property owners.

Key mistakes that may lead to a construction ban or disputes:

• underestimating the need for design specifications or failing to clarify them;

• delaying or incorrectly submitting a building notice;

• ignoring outdated documentation (e.g. expired use permits);

• failing to meet technical requirements.

It is always advisable to involve a competent project manager and, where necessary, owner supervision to avoid violations and penalties.

Practical Steps and Risk Mitigation

Although the amendments significantly simplify procedures for building notices and design specifications, faster processes do not eliminate all risks. Property owners must still act consciously and responsibly.

Plan construction carefully. Review all necessary documents and plans. For example, determine whether a planned shed complies with the comprehensive plan, whether utility connections are considered, and whether construction may affect neighbors.

Engage specialists at the right time. Although design specifications may be clarified within one to two months, an incorrect project may significantly delay the process. It is advisable to involve a project manager, architect, or engineer from the outset.

Document all changes. Even for small auxiliary buildings, it is recommended to document all changes, approvals, and project amendments to demonstrate compliance later.

Cooperate with the local authority. The new system speeds up the process, but it does not operate automatically. Maintain communication with municipal specialists and ensure proper submission of documents.

Consider safety and neighbors. Simplified procedures do not remove safety requirements or the need to respect neighbors’ rights. Informing neighbors and addressing issues early can help avoid complaints and conflicts.

Example 1
A homeowner wishes to build a 15 m² sauna shed. Under the new rules, a building notice is sufficient. If the project is compliant, construction can begin within a few weeks.

Example 2
A property owner wants to increase the height of an old shed. Clarification of design specifications takes one to two months. If the planned height exceeds the limits of the comprehensive plan, the change will not be permitted.

Example 3
In multi-storey developments, a single consolidated use permit will suffice, eliminating the need for separate permits for different parts or phases. This reduces administrative burden and makes the process clearer and more predictable.

Easier to Build, but Restrictions Remain

The draft law is currently under consideration in the Riigikogu, with planned entry into force in the first quarter of 2026. Until then, the current system remains in effect. The amendments can be reviewed on the website of the Ministry of Climate and in the legislative information system, and later in the Building Guide.

It is important to remember:

• the comprehensive plan remains the central document;

• safety and quality requirements do not disappear;

• responsibility shifts more towards the property owner and construction parties.

The proposed amendments are a clear step towards reducing bureaucracy and accelerating construction. However, a simpler procedure does not mean that everything is automatically permitted.

This article was published on 9 March 2026 in the finance and legal journal RUP.