Reform of Planning and
Building Law in Estonia
Sandra Mikli
6.10.2015
Introduction
Law
Enforcement
Act
General Part of
the
Environmental
Code Act
General Part of
the Economic
Activities Code
Act
Planning Act
and Building
Code
Process in Figures
•8
• 10 = 2
• 6 + 10
• 70
Backround and Reasons of Amendments
•
There were too many different laws regulating land use and building – high
administrative burden, proceedings were too long
•
These laws were weakly connected to the general part of the administrative
procedure law – eg using different notions for same terms (approval/opinion),
different procedural rules for building permits (houses, roads ect)
•
Due to different rules, persons procedural rights were protected differently. Need
for specification of the roles of participants in proceedings – purpose was to ensure
equal protection of the freedom of property
•
Spatial plans are for long-term vision – how to plan fast and efficiently buildings
that are in national or international interests (eg railways)?
•
•
Building procedure was not flexible – almost every action needed permit
Economic boom 2008 – problems with supervision and unlawful buildings
System of Spatial Plans
Spatial plan that
extends to sea
areas
National special
spatial plan
National
Spatial Plan
Countywide spatial
plan
Comprehensiv
e plan
Local special
spatial plan
Detailed
spatial plan
Design
specifications
Planning Procedure and Environmental Impact Assessment
INITIATION
Initiation of the preparation of spatial plan and strategic environmental assessment
INVITATION TO PRESENT PROPOSALS
Initial outline of the plan and the memorandum of intention to conduct strategic environmental assessment
I PUBLIC DISPLAY AND DISCUSSION OF THE PROPOSED PLAN AND STRATEGIC ENVIRONMENTAL ASSESSMENT
Proposed spatial plan and strategic environmental assessment report
II PUBLIC DISPLAY AND DISCUSSION OF THE SPATIAL PLAN
Spatial plan (including approved environmental assessment report)
RATIFICATION OF THE SPATIAL PLAN
Building Code
•
Unified general part and separate rules for special construction works and special
requirements
Energy performance of buildings, protection zone of construction works, electrical
installations, storage tanks and piping, including gas installations, lifts, cableways, roads,
railroads, construction works in public water bodies, construction works of national defence or
security authorities, pipes, drilled wells, boreholes and dug wells
•
Unified general part stipulates:
•
•
•
•
•
•
•
Terms and principles
General requirements, eg requirements for building design documentation
Obligations of persons operating in the field of building work
Procedure of notice
Procedure of building permit/ use and occupancy permit
Register of construction works
Supervision
Notice
The building notice must be submitted at least ten days before the building of the
construction work commences.
If, within ten days from the submission of the building notice, the competent authority
does not inform the person who submitted the building notice of the need for further
verification of the information presented in the building notice, building work may
commence
If the competent authority informs the person who submitted the builidng notice of
the need for further verification, the building work may not commence
Competent authority carries out a verification (10 + 30 days)
The requirements presented as a result of the verification are
issued by the competent authority as an administrative act.
Register of Construction Works
• Notice or the application the permit is submitted to the competent
authority electronically via the register of construction works
• The competent authority refers the proposal for approval or for opinion in
the register of construction works
• Other competent authorities give their opinions straightly into the register
• The administrative act (eg permit) is given in register
Need for Notice or Permit – Annex 1 and 2
Construction
(new building)
Remodelling
Extension Extension
less than over 33%
33%
Replacement
of an element
Demolition
House > 20
m2
Notice
-
-
-
-
-
House 20
m2 – 60 m2
Notice and
Notice
building
documentation
Notice
Notice
-
Notice
House < 60
m2
Permit
Notice and
Notice
building
documentation
Notice and
building
documentation
Notice
Permit
Public road
Permit
Permit
Notice
Notice
-
Permit
Public
water
supply
Permit
Permit
Permit
Permit
Permit
Notice and
building
documentation
Supervision
• Local government supervision – all construction works, except constroction
Works under state supervision
• State Supervision – special construction works, eg gaz, electricity ect, all
construction works in use, when there is possibility of serious or immediate
threat
• Owner supervision - professional supervision that is performed over any
building work that needs building permit (mainly supervision during
construction works)
Useful links
Law Enforcement Act
https://www.riigiteataja.ee/en/eli/516062015011/consolide
General Part of the Environmental Code Act
https://www.riigiteataja.ee/en/eli/517062015001/consolide
General Part of the Economic Activities Code Act
https://www.riigiteataja.ee/en/eli/527032015008/consolide
Building Code https://www.riigiteataja.ee/en/eli/511082015002/consolide
Annex 1 https://www.riigiteataja.ee/tolkelisa/5110/8201/5002/1.pdf#
Annex 2 https://www.riigiteataja.ee/tolkelisa/5110/8201/5002/2.pdf#
Thank you!
[email protected]