Illegal Construction May Result in Financial Penalty

Summer is here and the best time for construction and renovation work has begun. Before you start implementing new ideas, however, you should first check whether the planned activity is legal. It may seem unfair to require reporting at every step when renovating your home, but it is often vitally necessary. Namely, very few of us have learned everything about construction. From surveying to electrical and fire safety. That's why supervision for the safety of our own homes is placed under the authority of the local municipality and is regulated by law on how building should be done.

Coordinate your construction activities with the local municipality or seek advice from a specialist in your field!

In each municipality and city, there is certainly a dedicated official specializing in construction supervision. Usually, a phone call to the local municipality is sufficient to get initial information about whether the planned construction activity requires a permit.

What construction activities typically require a permit from the local municipality?

As a rule, all buildings with a built-up area exceeding 20 m2 and height exceeding 5 m require coordination. Similarly, if modifications are made to rooms that alter load-bearing structures or are other significant changes from the original project.

Often the law is broken out of ignorance.

The most common cases of law violations are so-called routine repair and maintenance work.

For example, when installing a new boiler, the installation instructions provided by the manufacturer are not followed, and the sauna can therefore become a potential fire hazard.

Often apartment building balconies are enclosed without asking for permission. The result is a patchwork apartment building, and it is not ruled out that this activity can damage the building facade or moisture and/or heat retention.

Uncoordinated replacement of windows and doors with new and better ones can also be subject to fines.

Check if your home is located in an area of environmental value or if permission from the Heritage Conservation Authority is required!

If a building is located, for example, in an area of environmental value, you must certainly not replace windows, doors, roof or carry out facade work as you wish. This means that your house is in an area where restrictions have been imposed on planning and construction, which stem from the area's historical and cultural peculiarity and the need to preserve it. For example, in Tallinn, areas of environmental value include Kadriorg, Kalamaja, Kassisaba, Kitseküla (Tallinn-Väike), Laevastiku, Nõmme, Pelgulinn, Raua, Tatari, Torupilli, Uue Maailma, and Veerenni districts.

To perform work on a monument, its protection zone, and a protected heritage area, permission from the Heritage Conservation Authority is required. Permission is also required for research on a monument or on a building located in a protected heritage area if it results in changes to the researched object (e.g., research of finishing layers).

For example, replacing windows with plastic windows in Tallinn's Old Town can result in both a monetary fine and an obligation to install compliant windows.

Unauthorized renovation can result in fines.

The local municipality has the right to fine for illegally conducted construction activities in supervision proceedings. In 2017 alone, Tallinn Municipal Police initiated 109 misdemeanor proceedings for illegal construction, of which approximately more than half resulted in monetary penalties.

Therefore, the most correct course of action is to always coordinate your activities with the local municipality before starting work and keep documentation in order. You can get help from specialists in your field who know what documents need to be submitted and how.

As a side note, I would mention that it is always wise to keep documentation related to your construction activities. Even when there is no direct obligation to do so. For example, keep device manuals and window specifications. There may be cases where it is good to know the original information for repairing a device or replacing a product.

If you need help organizing documents or handling paperwork and you are not sure what condition your documents are in, then Domus Kinnisvara is competent to help you with all questions. The building legalization service covers all necessary points, which can be found at www.domuskinnisvara.ee/seadustamine.

Article source: Domus Kinnisvara