Reform of Planning and Building Law in Estonia Sandra Mikli

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 =

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 National Spatial Plan County- wide spatial plan Comprehensiv e plan Detailed spatial plan National special spatial plan Local special spatial plan Design specifications Spatial plan that extends to sea areas

Planning Procedure and Environmental Impact Assessment II PUBLIC DISPLAY AND DISCUSSION OF THE SPATIAL PLAN Spatial plan (including approved environmental assessment report) I PUBLIC DISPLAY AND DISCUSSION OF THE PROPOSED PLAN AND STRATEGIC ENVIRONMENTAL ASSESSMENT Proposed spatial plan and strategic environmental assessment report INVITATION TO PRESENT PROPOSALS Initial outline of the plan and the memorandum of intention to conduct strategic environmental assessment INITIATION Initiation of the preparation of spatial plan and strategic environmental assessment

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 ( 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) RemodellingExtension less than 33% Extension over 33% Replacement of an element Demolition House > 20 m2 Notice----- House 20 m2 – 60 m2 Notice and building documentation Notice - House < 60 m2 PermitNotice and building documentation NoticeNotice and building documenta- tion NoticePermit Public roadPermit Notice -Permit Public water supply Permit Notice and building documentation Permit

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 General Part of the Environmental Code Act General Part of the Economic Activities Code Act Building Code Annex 1 Annex 2

Thank you!