Detailed plan requirement to be dropped with residential buildings

Heidi Ojamaa
, reporter
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Photo: Dmitri Kotjuh / Järva Teataja

In 2010, the Ministry of Justice started preparing amendments to Planning and Building Act. Now, finish line is in sight. The draft is aimed at limiting detailed plan duty, cutting red tape and simplifying the process of obtaining building permits.

«We are indeed approaching the finish line with amendments to Planning and Building Act. As the entire process has been very substantial and the Minister of Regional Affairs, at our meeting on Tuesday, desired to review it together prior to official coordination procedure, we are planning a meeting in the weeks to come. After that, we can decide when to send the draft to be coordinated. Still, we expect it to happen in June, already,» Minister of Justice Hanno Pevkur told Postimees.

Despite the official coordination round yet ahead of them, the ministry was willing to explain the amendments planned.

The draft aims at harmonising proceedings currently at odds, polishing the terms used and clarifying the obligations of people involved, as well as limits to discretionary power of administrative authorities.

By the draft, it is planned to allow for new buildings to be erected between existing houses, and existing houses to be enlarged without preparing a detailed plan. In the future, this would only require agreement from neighbours. Thus, the construction of a new house would proceed much faster and people would be able to use their land as they desire, without years spent waiting for coordination.

Rules will be created to alter existing detailed plans, offering flexibility to complement it. For instance: to make houses more energy efficient and environment-friendly, it will be easier to fit them with solar panels or renovate facades while adding insulation.

By the draft, it is aimed to direct permit proceedings into joint electronic buildings register, where it is possible for people to follow the proceedings of their applications. For that, it is planned to create an electronic proceedings environment, with documents moving automatically and – should there be no disputes – building permits are issued within 30 days.

While, under current law, local government permits have to be acquired to build small sheds, outbuildings, doghouses, flagpoles etc, then, pursuant to new legislation, notices and permits will only be required for buildings specified by law. Also, the ministry proposed to remove the limit whereby only owners may apply for building permits.

The planned amendments also seek to at simplify proceedings relater to state infrastructure projects. It is proposed to create state level planning proceedings, allowing for intra-county search for the best possible locations for buildings needed, limiting planning and building procedures to reasonable time periods.

In the draft, strategic environmental impact assessments are harmonised with planning proceedings.

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