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Safety as the condition for legalisation

📐 Article6 min read

What you will learn Against what safety is assessed, when a building audit is carried out, what the audit replaces, what follows a positive result, and what happens where the result is not positive.

For the two intermediate periods the question is not the document but safety. And safety is assessed differently from what most people assume.

1. Against what safety is assessed

Here lies the most significant relief, and it often goes unnoticed. It concerns whether an audit is needed.

Construction date Safety assessed against Additional condition
Before 01.01.2003 the requirements in force at the time of construction none
01.01.2003 to 30.06.2015 safety requirements conformity with the detailed and comprehensive plan or with design conditions

An old building is therefore not required to meet today's requirements. The additional condition in the second row is a planning matter rather than a technical one, and it can be harder to satisfy than the safety requirement itself, because construction work does not resolve it.

Establishing the construction date is the first task here too, as covered by the article on the four periods. The applicable regime follows from it.

2. When a building audit is carried out

An audit is not always carried out, and that is a financially significant clarification. The need depends on the type of building and the data.

The building design is taken as the basis for assessing the safety of a building. Where no building design exists, a building audit is carried out to assess safety.

The audit is therefore a substitute, not an addition: where a design exists, no audit is needed. The practical conclusion is that before commissioning an audit it is worth checking whether the building design exists anywhere, including in the municipal archive. That check is cheap and can save the entire cost of the audit.

3. What the audit replaces

The role of the audit in the procedure is clearly defined, and it is broader than safety. The audit also supplies data for the register.

What the audit must make possible Why
Replacing the building design in the permit or notice procedure the procedure needs a base document
Entering the building's essential technical data in the building register the register entry needs data
Where relevant, establishing conformity with the plan or design conditions the additional condition of the second period

The audit is therefore not only a safety assessment but also a data source for the register. A practical requirement follows: the audit must be detailed enough for the register entry to be possible, and this has to be stated when commissioning it.

4. What follows a positive result

The procedure does not end with the audit, and this is often assumed wrongly. The audit is one step, not the outcome.

Where the audit result is positive, the building meets the safety requirements and, where relevant, the plan or design conditions, and no further construction work is needed, an occupancy permit procedure must be initiated or an occupancy notice submitted. Which of the two applies is determined by the relevant annex to the Building Code.

As-built drawings must also be submitted, including the post-construction geodetic survey together with utility networks. The documents are submitted to the local authority electronically through the building register.

Legalisation therefore ends with the procedure for taking the building into use, which links this branch to the previous one. Only that gives the building its legal status.

5. Where the result is not positive

Two possible directions, whose difficulty differs considerably. One requires documents, the other also works.

Where further construction work is required, it must be carried out before the procedure continues; that is inconvenient but solvable. The ordinary procedure then follows.

Where the building does not conform to the plan, the question is a planning one rather than a technical one, and the solution may take longer. The second situation is harder precisely because construction work does not resolve it: here either the building or the planning basis has to change, and both take time.

Summary and four practical rules

The safety of a building erected before 1 January 2003 is assessed against the requirements in force at the time of construction, and a building erected later must in addition conform to the plan, which is a planning condition and therefore harder. An audit is carried out only where no building design exists, so searching the archive for the design can save the entire cost of the audit. The audit is not only a safety assessment but also a data source for the register entry, and the procedure ends with taking the building into use rather than with the audit.

Four rules: establish the construction date before commissioning anything, since it determines the requirements. Look for the building design before commissioning an audit, because the design replaces it. Commission the audit in enough detail for the register entry to be possible. Allow for legalisation ending with the occupancy procedure.

This article offers professional orientation as at the date of verification. It does not replace the assessment of the local authority.

Frequently asked questions

No, an audit is not always carried out. The need depends on the type of building and the data.

It is broader than safety, because the audit also supplies data for the register. Its role in the procedure is clearly defined.

No, and this is often assumed wrongly. Legalisation ends with the procedure for taking the building into use.

They must be carried out before the procedure is completed. The ordinary procedure then follows.

Building permits and the register in Estonia