NEW REQUIREMENTS: Modified apartment layout may hide costly problems
An open-plan kitchen living room, an enlarged bathroom or connecting two rooms into one can make a secondary market apartment attractive. However, according to Urmas Uibomäe, CEO of Kinnisvara24, before the transaction, the buyer should check whether previous renovations were done properly. Otherwise, the apartment owner may inherit the obligation to legalize the construction work retroactively or even redo it.
According to the CEO of Kinnisvara24, when viewing a renovated apartment, buyers typically focus on its appearance and finishes, but often do not investigate which walls have been removed or whether water, electrical and ventilation systems have been modified.
„A thorough renovation does not automatically mean that all construction work has been permitted and coordinated. Especially in older buildings, it is worth paying attention to whether the necessary documents exist for the changes made in the apartment," said Uibomäe.
Uibomäe recommends first comparing the apartment's current spatial layout with the plans and data in the building register. If the register shows three rooms but there are actually two, it is worth asking when and how the change was made. It is important to clarify whether the renovation modified the building's load-bearing structures. In the case of removing a non-load-bearing partition wall, updating the register data may be sufficient.
However, if the apartment has, for example, partially destroyed a load-bearing wall, moved the kitchen or bathroom to another room or connected a balcony to the living space, the buyer should ask the seller whether the necessary approvals have been obtained for these works and whether documents proving compliance with requirements exist. If an expert examination reveals that modifications to the load-bearing wall have not been properly reinforced, the local government may also demand restoration to the original condition.
New requirements for apartment renovation
Depending on the nature of the renovation, a building permit or notice, construction plans or drawings, and the condominium association's consent may be required. Starting from August of this year, a new requirement applies according to which a building permit must be obtained for making an opening in a load-bearing wall, partially removing it, connecting two apartments through a load-bearing wall, and renovating the building's external perimeters. The same requirement also applies if, during the renovation of technical systems, the building's load-bearing structures or external perimeters are modified.
When modifying structures, engineering calculations, construction plans and execution documents are also important. Changing the location of the bathroom and kitchen also requires a plan if the building's common piping or ventilation is modified during this process. It should be noted that the local government or condominium association may not approve the construction of a bathroom above the lower neighbor's living room.
When building a sauna, additional electrical, moisture and fire safety requirements apply. When replacing windows and glazing balconies, the requirements established for the building's external appearance must be followed. When replacing the door between the apartment and the common corridor, fire safety requirements must be considered, including installing a proper fire-rated door.
Not all interior work requires a permit
Regular apartment renovation, during which interior finishing materials are replaced and the kitchen and sanitary facilities are updated in their current location, does not require approval. Removing a non-load-bearing partition wall generally does not require submitting a building notice. If the local authority nevertheless requires it, a floor plan must be attached to the building notice showing the planned changes.
However, the apartment owner must not modify load-bearing walls, structures necessary for the building's stability, common piping, heating and ventilation systems, and the building's facade on their own, even if they are partially located in their apartment. Such work must be coordinated with the condominium association in addition to local government approval. For larger modifications, the consent of other apartment owners in the building is also required, as only the association's board approval is not sufficient. „However, the association cannot demand a construction plan for every simple apartment renovation at its own discretion," added Uibomäe.
Missing documentation may affect the transaction
Uibomäe acknowledged that incomplete documentation does not automatically mean that the apartment cannot be bought or sold, but it may entail additional costs and obligations.
„The buyer may need to commission an expert examination, prepare a construction plan retroactively, or restore the situation to comply with requirements. This can change the actual price of the apartment significantly. Therefore, the scope of possible problems and the costs of solving them should be clarified before making a purchase decision," said Uibomäe.
If the renovation has already been done, it should be clarified with the local authority before the transaction whether it is possible to document or legalize it. It is also advisable to ask the bank whether missing documents affect the loan or collateral valuation and ask the insurance company how risks related to the renovation are covered.
Uibomäe recommends that apartment sellers put the necessary documents in order in time. Discrepancies between apartment renovations and documentation can delay the transaction and result in additional costs.
Apartment renovation work approvals and required documents
Name of work | Who should it be coordinated with? | What documents and drawings are needed? |
|---|---|---|
Removing or building a non-load-bearing partition wall | When changing the layout, it is necessary to clarify with the local authority whether a building notice needs to be submitted. If the work does not affect load-bearing structures, common technical systems or fire safety, a building notice is generally not required. | When submitting a building notice, floor plan drawings must be attached showing the planned changes. If a building notice is not required, updating the building register data is sufficient. |
Changing a three-room apartment into a two-room apartment | To change the number of rooms and layout, the building register data must be updated by submitting a data submission notice or, if necessary, a building notice to the local authority. If a load-bearing wall is being modified, the consent of other apartment owners and a building permit from the local authority are required. | A new floor plan must be submitted showing the changes. If the work requires a building notice, the necessary drawings must be attached. If a load-bearing wall is being modified, a building permit and construction plan with structural strength calculations are required. |
Changes to load-bearing wall structure (partial wall removal or creating a door opening) | The consent of other apartment owners and a building permit from the local authority are required. | A construction plan with structural strength calculations and, if necessary, a reinforcement solution is required. |
Closing a door opening in a non-load-bearing interior wall | No approval is needed if the modification does not affect fire safety or common technical systems. | A construction plan, building notice or building permit is not required. |
Moving the kitchen to another room | Changes to the building's common piping or ventilation system must be coordinated with the condominium association. If the kitchen relocation involves changes to the building's water, sewage or ventilation system that significantly affect the building's properties, a building notice must be submitted to the local authority together with a construction plan. If the work also involves modifying the building's load-bearing structures or external perimeters, a building permit is required. | Drawings of water, sewage, ventilation and electrical solutions are required. A construction plan must be submitted with a building notice or where a building permit is required. Equivalent replacement of existing system parts does not require a building notice or building permit. |
Replacing a bathtub with a shower cabin or vice versa | No approval is needed if existing connections are used and the building's common technical systems or load-bearing structures are not modified. | A construction plan, building notice or building permit is not required. |
Building a shower corner with a floor drain | No approval is needed if the shower corner is built in an existing bathroom and does not modify the building's common technical systems or load-bearing structures. | Proper waterproofing and water drainage are required. If the work is limited to the interior of the existing bathroom, a construction plan or building notice is not required. |
Building a new bathroom in another room | Changes to the building's common piping or ventilation system must be coordinated with the condominium association. If the work is limited to renovating technical systems, a building notice with a construction plan must be submitted. A building permit is required for renovating load-bearing structures or external perimeters. | A construction plan must be prepared for building a new bathroom, in which water supply, sewerage, ventilation and moisture protection are solved. Additionally, a building permit is required when modifying load-bearing structures or external perimeters. A permit may not be granted for building a bathroom above the lower neighbor's living room. |
Replacing apartment internal electrical cables | Condominium association approval or a building notice is not needed if only apartment internal cables are replaced and the building's common electrical system is not modified. Electrical work must be performed by a specialist with the required qualifications. | Electrical work must have the necessary diagrams, test measurement results and documents proving compliance with requirements. |
Replacing apartment windows with equivalent ones | Separate approval is not needed if the new windows are the same size, shape and color as the existing ones and the building's external appearance does not change. | A construction plan, building notice or building permit is not required. The technical parameters of the windows must comply with the building's requirements. |
Glazing a balcony | Balcony glazing must be coordinated with the condominium association. It should be checked with the local authority whether glazing is permitted and what documents are required. | The scope of necessary documents and drawings depends on the local authority's requirements. If a building permit is required for the work, a construction plan must be submitted. |
Insulating and connecting a balcony to the living space | The planned changes must be coordinated with the condominium association. If the work involves modifying load-bearing structures or external perimeters, a building permit from the local authority is also required. | The need for documents depends on the scope of work. When renovating load-bearing structures or external perimeters, a construction plan and building permit are required. If the apartment's heated area or room use changes, the building register data must be updated. |
Replacing the door between the apartment and the common corridor | Separate approval is not needed if a door of the same size and meeting requirements is installed without modifying the shared structure or evacuation solution. | The new door must be at least EI 30 fire-rated door with documents proving fire resistance. |
Building a sauna in an apartment | Changes to the building's common technical systems must be coordinated with the condominium association. In the case of only renovating technical systems, a building notice with a construction plan must be submitted. If load-bearing structures or external perimeters are also modified, a building permit is required. | A sauna plan, data on heater power and installation, and electrical, ventilation, moisture and fire safety solutions are required. The requirement for a construction plan depends on the planned work. Electrical work must have documents proving compliance with requirements. |
Sources: Building Act, Tallinn City Planning Office guidelines, apartment ownership and condominium association act, Consumer Protection and Technical Supervision Authority guidelines, Rescue Board fire safety requirements.
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