1. What automatic lawfulness means
Buildings erected before 22 July 1995 are deemed lawful automatically, and according to professional sources their safety no longer has to be proven through complex audits. The date must nonetheless be evidenced.
This means the existence of the building is no longer in question and that technical assessment is not a precondition for legalisation. By comparison, for later periods safety is a precondition for legalisation, as covered by the article on safety and the audit.
2. How to evidence the construction date
The task shifts here from the technical to the documentary, and that is the real work in this situation. Proof runs through documents rather than the building.
According to guidance published by local authorities, the municipality deems a building lawful where the owner submits a document evidencing that the building was constructed before 22 July 1995. The burden of evidence therefore rests with the owner.
Various sources may serve as that document, including earlier register entries, archive documents or map material, and the local authority decides what is acceptable. The practical recommendation is to gather the evidence before initiating the procedure, since searching for it is the longest part in time terms.
Where no evidence exists, this most favourable regime does not apply, and the building moves into the next period, where safety becomes a precondition. The procedure then becomes more thorough.
3. What still has to be done
Three things are nonetheless required in this situation, and lawfulness does not replace them. They concern the data and safety.
| What is needed | Note |
|---|---|
| A data submission notice | submitted through the building register |
| Measurement drawings of the building | they establish the essential technical data |
| Evidence of the construction date | the critical path |
According to information published by local authorities, entering a building in the building register is free of state fee. The amendments also removed the previous €500 state fee payable when entering an unauthorised building in the register.
4. Why this is not an exemption
The most important clarification in the article: lawfulness and a register entry are two different things. One does not substitute for the other.
According to professional sources, automatic lawfulness does not make legalisation optional. A building that is not entered in the register remains not entered, with all the consequences for sale and lending covered by the article on the cost of a building without documents.
The change removes the burden of proof, not the step. The practical reading is simple: previously safety had to be proven, now the date does. The step remains, only its content became easier.
Summary and four practical rules
Buildings erected before 22 July 1995 are deemed lawful automatically, so their safety no longer has to be proven through complex audits. The task shifts from the technical to the documentary: the owner must submit a document evidencing the construction date, and searching for it is the longest part of the procedure. Entry in the register is free of state fee, and the €500 fee for entering an unauthorised building is gone.
Four rules: start from the search for evidence, which is the critical path in this situation. Explain to the owner the difference between lawfulness and a register entry. Prepare the measurement drawings, since the technical data are still required. Check with the local authority which evidence is acceptable before beginning the search.
This article offers professional orientation as at the date of verification. It does not replace the assessment of the local authority.