Selling an apartment, house or summer house in Estonia after 1 August 2026: what has changed and what needs to be checked before the transaction

Author with a link to the Easyfind profile: VTM Konsult OÜ

As of 1 August 2026, changes to construction legislation came into force in Estonia, simplifying some procedures for owners of private houses and older buildings. For üksikelamu and paariselamu, the former procedure for obtaining kasutusluba has in many cases been replaced by the simpler procedure of kasutusteatis. At the same time, the rules for legalising older buildings changed, and the increased state fee of 500 euros was abolished.

But for an owner planning to sell an apartment, house or country home, the main takeaway should be different: simplifying the procedure does not mean that the property has automatically become legally and technically “clean”.

Plans, construction documentation, the correspondence of the property's actual condition with the data in Ehitisregister, and the legality of alterations carried out remain important. Moreover, requirements for alterations in apartment buildings have become stricter in some cases.

That is why, before putting a property on the market, it is worth first sorting out the documents, and only then taking photographs, setting a price and looking for a buyer.

What exactly changed on 1 August 2026

One of the most notable changes concerns detached and semi-detached houses.

Previously, for such properties in situations provided for by law, it was necessary to obtain kasutusluba — a permit to use the building. This is a separate administrative procedure that required the competent authority to review the application and could take significantly longer.

Following the changes, üksik- ja paariselamud is subject to kasutusteatis — a notice of use of the building. The transition of such residential buildings to a notification-based procedure is specifically listed among the main changes to permit procedures.

In practice, this really can make the process significantly simpler.

According to Ehitusseadustik, kasutusteatis is submitted via Ehitisregister.. After it is submitted, a ten-day period applies: if the competent authority does not notify the applicant during that time that the submitted data require additional verification, the building may be put into use.

However, there is an important detail here.

It would be incorrect to say that kasutusteatis “is always reviewed within 10 days”. The law establishes a ten-day standard period. If the municipality has grounds for an additional review, the procedure may continue, in which case the rules and time limits prescribed for a more detailed review apply.

In other words, the new system is indeed faster and simpler, but only when the documents and the actual condition of the property do not raise additional questions.

Kasutusteatis does not mean that a plan is no longer needed

This is perhaps the most important misconception that may arise after the law changes.

Replacing kasutusluba with kasutusteatis is primarily an simplification of the administrative procedure. It does not remove the requirements for the building itself.

The property must comply with safety requirements, its intended purpose and the construction solutions on the basis of which it was built or reconstructed.

In the cases provided for in Annex 2 to Ehitusseadustik, the construction project on the basis of which the building was constructed must also be submitted together with kasutusteatis.

Therefore, the situation described as “now it is enough simply to submit a notice to EHR” applies far from all properties.

If the actual house differs from the plans, an extension has been added, the structures or technical systems have been modified, or the use of the rooms has changed, it may first be necessary to bring the documentation into line with the actual state of the property.

These issues arise particularly often with houses that were built or altered many years ago, when the owners did not attach much importance to recording all changes in the register.

The house may look completely finished, have been used by a family for decades, and have no obvious technical problems. But when preparing to sell, it may become clear that the area shown in EHR does not match the actual area, an extension is missing from the documents, a sauna or garage has not been entered in the register, or completed renovation work is not reflected in the plans.

Changing kasutusluba to kasutusteatis does not in itself resolve such discrepancies.

What has changed for older and previously unauthorised buildings

The second important part of the reform concerns older buildings.

Since 1 August 2026, the rules for legalising them have become simpler.

For buildings constructed before 1 July 2015, the legislation provides for an updated transitional procedure. In particular, confirmation of their safety takes on a substantially greater role for older properties.

For structures erected before 22 July 1995, the law now presumes that there was a legal basis for their construction, except in certain cases, for example where a structure is on land not entered in the Land Register.

Furthermore, if plans for an old building are missing, safety may be assessed through a building audit. In cases provided for by law, such an audit may replace missing construction plans and documentation in a permit or notification procedure.

This is a significant change for owners of older houses, country homes and outbuildings.

Previously, the absence of old plans often became one of the main problems when putting documentation in order. The legislation now provides a clearer mechanism for confirming the safety of an existing property.

But here, once again, it is important not to confuse simplification with automatic legalisation.

If a structure physically exists, that does not yet mean that after 1 August its details will automatically appear in Ehitisregister or that all discrepancies will automatically be deemed legal.

The procedure still needs to be completed.

State fee of 500 euros abolished

It is also worth noting a change that directly affects the owner’s expenses.

Previously, when entering in Ehitisregister a property that had been built illegally before Ehitusseadustik came into force, an increased state fee of 500€ was charged.

Since 1 August 2026, this increased fee has been abolished. Official materials on the reform explicitly state that the 500-euro state fee for legalising such structures has been abolished.

This makes the process less costly, especially for owners of old country houses and plots with several structures.

But the abolition of the 500-euro fee does not mean that legalising property is free of charge.

Depending on the property, measurements, design work, a technical audit, engineering services, surveying, technical systems documentation or other professional work may be required.

In other words, the state has lowered the administrative barrier, but the technical part of the procedure has not been abolished.

What happened to apartment alterations

While the legislation has become more lenient in certain respects for private houses, the opposite is true for apartment buildings.

Among the changes that came into force on 1 August, it is specifically stated that the reconstruction of an apartment building is work requiring ehitusluba — a building permit.

This is especially important for an apartment owner before a sale.

Not every cosmetic change to an apartment constitutes reconstruction. Painting walls, replacing flooring, or installing new furniture does not require a building permit.

However, if the building’s characteristics or technical systems were substantially altered during renovation, the situation must be assessed separately.

Ehitusseadustik classifies as reconstruction, among other things, the alteration of enclosing structures, load-bearing and stiffening structures, as well as the installation, alteration or removal of a technical system if this changes the appearance or other characteristics of the building.

Therefore, apartments where the kitchen has been relocated, ventilation, water supply or sewerage systems have been modified, load-bearing structures have been affected, new openings have been created, or other substantial construction work has been carried out require particular attention before sale.

Relocating a kitchen alone does not automatically determine which document is required: it all depends on the specific technical solution.

But it is risky to regard such a renovation as ordinary “interior refurbishment” without checking the documents.

Why moving the kitchen can become a problem when selling

In practice, moving a kitchen often means much more than simply moving furniture from one room to another.

Water and sewer connection points, ventilation solutions, electrical capacity, equipment locations, or the layout of the premises may change.

In an apartment building, some of these systems are associated not only with a particular apartment, but with the building as a whole.

That is why, when preparing a property for sale, it is necessary to establish not only what the apartment looks like now, but also which documents were used as the basis for bringing it into this condition.

The buyer sees a beautiful, open-plan kitchen and living room.

A bank, appraiser, engineer, or lawyer may see a different picture: the original project, the registered layout, and the actual condition, which need to be compared.

If discrepancies are discovered only after a buyer has appeared, the transaction often becomes more complicated at precisely the most inconvenient time.

For private houses, the principle remains the same

Simplifying the procedure for obtaining the right to use a private house does not mean that any alterations made previously automatically become legal.

For example, if the owner has increased the house’s floor area, added an extension, altered load-bearing structures, significantly rebuilt the building’s utility systems, or erected additional buildings, it is necessary to check which documents were required for this work and whether they were obtained.

Kasutusteatis relates to the stage of using the property.

It does not replace the entire preceding construction process and does not retroactively legalise work that should have been carried out on the basis of another document.

Therefore, before selling a house, it is necessary to check not only whether kasutusteatis or an old kasutusluba is present, but also the property's construction history.

Ehitisregister must be compared with reality

One of the most common mistakes owners make is opening Ehitisregister, seeing their house or apartment there, and deciding that all the documents are in order.

The mere fact that a property is listed in EHR does not guarantee anything.

It is necessary to check whether the registered information corresponds to the actual property.

Ehitisregister contains information about a building, its location, construction documents, permits, notices, technical studies, audits and other data related to the property. The law separately stipulates that the general data in EHR are informational and statistical in nature, whereas permits, notices and certain other documents have independent legal significance.

Therefore, before selling, it is important to compare the actual property with EHR, construction plans, and the documents on the basis of which the alterations were made.

After the reform, register data are not corrected automatically.

If a sauna has stood on a plot for twenty years but is not listed in the register, a change in the law will not add it there by itself.

If the actual floor area of a house differs from the registered area, they will not become the same merely because the procedure kasutusteatis has become simpler.

If an apartment was rebuilt without the necessary documents, the new law will not create those documents retroactively.

Why documents should be checked before a property is put on the market

For an owner, the problem of incorrect documents becomes particularly tangible not when they live in the house, but when a buyer appears.

As long as a property is not being sold, discrepancies in EHR may go unnoticed for years.

When a transaction takes place, an appraiser, the buyer’s bank, a notary, and sometimes a construction expert become involved with the property.

That is when old discrepancies come to light.

Banks pay attention to the legality of construction and the property's documentation. For example, SEB expressly recommends checking that the required documents are in place before purchasing, or specifying in the contract how they will be obtained. Swedbank also notes that documentation problems do not automatically mean that financing will be refused; however, each such property is assessed individually.

This is an important nuance.

It is incorrect to say that the absence of a single document automatically makes an apartment or house unsellable.

But the existence of an unresolved issue can narrow the pool of buyers, delay the bank’s decision, lead to additional conditions, or give the buyer grounds to negotiate a lower price.

How document problems affect the price

A property’s price is determined not only by its square metres, renovations, and neighbourhood.

The buyer also assesses the risk.

The more uncertainty there is about a property, the stronger the buyer’s desire to offset that risk by lowering the price.

If, after viewing the property, it turns out that an extension needs to be legalised, an old plan located, an audit commissioned, or an apartment’s layout changes investigated, the buyer starts calculating more than just future expenses.

It takes into account the time involved, the possibility of the municipality refusing, the risk of additional requirements, and the uncertainty of bank financing.

This leads to haggling.

Properly prepared documentation can therefore have a direct economic impact.

It does not magically create a higher market value, but it enables the owner to defend the asking price and reduces the number of reasons to negotiate it down.

In some cases, this is precisely what determines whether the property can be sold at the expected price or whether a substantial discount will have to be offered.

Why the risk of claims arises after a sale

There is another reason to inspect the property in advance: the seller’s liability.

Under Estonian Võlaõigusseadus, the item being transferred to the buyer and the documents related to it must conform to the terms of the contract. The seller may be liable for a non-conformity that existed when the risk passed to the buyer, even if the problem was discovered later.

Case law also shows that the question of hidden defects is assessed from the perspective of whether an ordinary buyer could reasonably have understood that a problem existed based on the information disclosed to them. The mere assumption that the buyer “could have checked everything themselves” is not sufficient in every situation.

Therefore, an unregistered reconstruction, a discrepancy between the documents and the property’s actual condition that was unknown to the buyer, or a significant construction problem can turn into a dispute between buyer and seller after the transaction, rather than merely an issue of documentation.

It is much safer for the owner to identify such circumstances before the sale and either remedy them or accurately and transparently reflect them in the transaction documents.

A summer cottage is no exception

Owners of summer cottages and holiday homes sometimes believe that such properties are easier to sell because they are not used as permanent residences.

This is the wrong approach.

For a summer cottage, it is also necessary to check how the property is registered in Ehitisregister, when it was built, whether the actual structure corresponds to the registered data, whether any extensions were added later, and whether there are any additional buildings on the plot.

For older summer cottages, changes in 2026 may be particularly beneficial thanks to a clearer procedure for legalising old structures and the abolition of the increased 500-euro state fee.

However, the specific procedure depends on the date of construction, the characteristics of the building, its registered purpose, and the history of the work carried out.

Therefore, it is not possible to rely here solely on the everyday definition of “summer house”.

What owners should do before publishing an advertisement

The ideal time to inspect a property is before it appears on the market.

It makes sense to first establish the actual condition of the property and retrieve the data from Ehitisregister.. After that, existing projects, permits, notices, and documents relating to the completed construction work are checked.

If discrepancies are found, it is possible to determine in advance whether they require only a simple clarification of the data, the submission of kasutusteatis, the preparation of a project, an audit, or a separate legalisation procedure.

This makes it possible to put the property on the market with its legal and technical status already clearly established.

And here there is a fundamental difference between an ordinary real estate sale and preparing a property for sale.

A real estate agent can take high-quality photographs, post a listing, conduct viewings, and arrange negotiations.

But if it becomes clear during the transaction that the actual condition of the property differs from EHR, the issue becomes an engineering and construction matter.

Why I combine engineering preparation with real estate sales

In VTM Konsult I consider the sale of real estate not from the moment the advertisement is published, but much earlier.

The work begins with an inspection of the property itself.

Before the property goes on the market, I compare its actual condition with the data in Ehitisregister, review the available construction documents, and determine whether there are any legal or technical circumstances that could affect a future transaction.

If the property needs to be brought into compliance, the necessary documents are prepared, including procedures related to kasutusluba, kasutusteatis and the legalisation of existing structures.

After this, the property can be prepared for sale.

This kind of support goes beyond ordinary brokerage services, because the owner does not have to put the property on the market first, find a buyer, and only then rush to deal with the problems discovered.

The approach is based on the opposite principle: eliminate as many risks as possible first—then sell.

This is especially important for houses and summer cottages with a long construction history, apartments that have undergone major renovation, and properties where the owner is unsure in advance whether their actual condition matches the documents.

Has it become easier to sell property since 1 August 2026?

To a certain extent—yes.

For private houses, the administrative burden is reduced by moving from kasutusluba to kasutusteatis. For older buildings, the legalization procedure has become clearer, and the increased state fee of 500 euros has been abolished.

But this does not change the main principle of selling real estate:

The actual condition of the property must correspond to its documents, and significant structural changes must have the necessary legal basis.

Therefore, the new procedure does not make a preliminary property inspection any less important.

On the contrary, it is now easier for the owner to bring the property into compliance before selling—and this advantage is worth making use of.

Do I need to obtain kasutusluba for a private house after 1 August 2026 year?

For üksik- ja paariselamud, the legislation moved to kasutusteatis in cases provided for by the new system. However, each specific property still needs to be checked based on its type, purpose, work carried out, and the data in EHR.

Does kasutusteatis mean that a project is no longer needed?

No. The law still provides for situations in which a construction project must be submitted together with kasutusteatis. For some older buildings, if plans are missing, a building audit may serve the same function in the procedure.

Does an old structure need to be legalised if it has existed for decades?

The age of a building does not in itself correct the data in EHR. For buildings constructed before 22 July 1995, there is a presumption of legality in cases provided for by law, while for buildings constructed before 1 July 2015, the legalization procedure was simplified. However, the steps needed to bring the register and documents into order may still be required.

Can apartment alterations prevent a sale?

Perhaps, if the work carried out involved reconstruction and the necessary documents are missing. Particular attention should be paid to changes to load-bearing structures and technical systems, moving the kitchen, and other substantial alterations. The rules for reconstructing apartment buildings became stricter from 1 August 2026 onward.

The main takeaway for property owners

The reform of 1 August 2026 did indeed make life easier for property owners. But it simplified procedures; it did not remove responsibility for the condition of the property and its documentation.

If an apartment, private house, or summer house is to be sold in the near future, it makes sense to start with an inspection, not an advertisement.

A properly documented property is easier to value, easier to finance, easier to explain to a buyer, and much harder to use as grounds for serious price negotiations.

And for the seller, this means the most important things: fewer unpleasant surprises during the transaction, less risk of claims afterward, and more grounds for preserving the actual value of their property.

VTM Konsult combines engineering expertise, the legalisation of real estate and ongoing support throughout the sale. The aim is to prepare the property for the market so that technical and legal issues are identified and, where possible, resolved before a buyer appears, rather than after negotiations have begun.