Obtain project clearance from Fire Department
Agency: Fire Department
According to the Rescue Act of 2010, obtaining fire safety clearance for the building project from the National Rescue Service Agency or a local government rescue service should take 10 days. However in practice it takes 30 days. If the building project does not conform to the fire safety rules, the Rescue Service can decide to give on average five workdays to eliminate deficiencies.
Time and cost: 30 days, no charge
Obtain project clearance from Environment Department
Agency: Environment Department
The Environmental Impact Assessment and Environmental Management System Act entered into effect on April 3, 2005, providing legal bases and procedures for assessing likely environmental impact, organization of eco-management and audit schemes, and the legal bases for awarding eco-labels to prevent environmental damage.
The environmental impact shall be assessed upon application for, or application for amendment of, a development consent (a building permit or a permit for the building use), if the proposed activity, which is the basis for the application for, or the amendment of, the development consent, potentially results in significant environmental impact. A person who proposes an activity and intends to carry it out shall organize an environmental impact assessment and carry all the resulting expenses.
It is up to the local municipality to decide whether it is at all necessary to assess the environmental impact of the project. There are two types of grounds for requiring an environmental impact assessment to be carried out. First of all there are instances in which it is obligatory to conduct environmental impact assessment. The hypothetical warehouse project should not qualify under this category. The second category is such that the local municipality is required to consider whether an environmental impact assessment is needed or not and if the local municipality decides that it is necessary, it must give reasons for such a decision. The hypothetical warehouse project might qualify under this category if for example considered to be (a part of) an industrial area development. Besides the fact that it is in hands of municipality to make a decision, there are no clear definitions on what does not exactly fall into category of projects that do not qualify for Environmental Impact Assessment (EIA). It is likely BuildCo would need to obtain a clearance but not the full scale EIA approval.
The Environmental Impact Assessment and Environmental Management System Act established a term of 30 days for issuing a decision to approve the environmental impact assessment report. The time may vary from 30 days to 1 year for actual EIA approval both from Municipality and Environmental Supervisory Authority. It would also include a period of public hearing. However, since we are just getting a project clearance for a relatively simple project, the procedure should be completed within 30 days.
Time and cost: 29 days, no charge
Obtain project clearance from Health Care Department
Agency: Health Care Department
A clearance for the building project from the Health Care Department is not required. However, this authority may be consulted by the local government before granting or refusing the building permit. In practice, the local government may ask the applicant to personally communicate with these authorities. There is no time limits for such communication. Further, the Health Care Department has the right to perform state supervision over compliance with occupational health requirements when the warehouse is put into use.
Time and cost: 28 days, no charge
Obtain project clearance from Labor Inspections Department
Agency: Labor Inspections Department
A clearance for the building project from the Labor Inspections Department is not required by law in the stage prior to approval of the building permit. However, this authority may be consulted by the local government before granting or refusing the building permit. In practice, the local government may ask the applicant to personally communicate with these authorities. The Labor Inspectorate has the right to perform state supervision over compliance with occupational safety requirements during construction and when the warehouse is put into use. According to Occupational Health and Safety Act, Paragraph 13, the employer is obliged to notify the local department of the Labor Inspectorate in writing or in a format which can be reproduced in writing before commencing activities. The notification can also be made also via the Customer Portal of the Labor Inspectorate (https://eti.ti.ee/login/index?redir=true).
Paragraph 26 provides that after receiving the notification, an inspector has the obligation to carry out an inspection. The employee of the Labor Inspectorate must set up the time of inspection with the owner of the building, but in extraordinary situations, the inspector has the right to commence supervision without informing the employer in advance.
Time and cost: 27 days, no charge
Obtain building permit
To obtain a building permit from the Municipality, BuildCo must submit an application for a construction permit and construction design documentation. According to the Building Act, the local government must approve or refuse the issuance of a building permit within 20 days from the date on which the application for the building permit and the building design documentation are submitted. The Municipality conducts internal consultations with various departments and agencies. However in practice, BuildCo is likely to follow up with these authorities.
Since June 2009, an energy certificate for the new building must be included in the application. The energy audit is assumed to be conducted by the engineers of the newly built warehouse.
Prior to construction, BuildCo must notify the Municipality that construction will begin.
Time and cost: 25 days, EUR 585
Receive on-site inspection by Municipality
During construction, the Municipality may monitor the work to verify compliance with the requirements. If the construction does not comply with the applicable rules and regulations, the construction will be stopped.
Time and cost: 1 day, no charge
Receive on-site inspection by Estonian Technical Surveillance Authority
Agency: Technical Surveillance Authority
According to the amendment of Building Act from January 1, 2008 Estonian Technical Surveillance Authority may carry out state surveillance on construction sites, in addition to the surveillance exercised by the Municipality. Before the building is being used or in case of an emergency in a building that is already in use, the Estonian Technical Surveillance Authority does not have to inform the owner about the inspection beforehand. In other situations, the owner must be notified at least 24 hours in advance.
The number of inspections is not limited by law — it is up to the discretion of the Technical Surveillance Authority. However it should comply with the principles of good administration practices. The costs of the evaluation services, of the expert assessment of building design documentation and of the evaluation of construction works ordered to verify conformity to the requirements are borne by the Technical Surveillance Authority. If it is established that the construction works or building design documentation do not conform to the established requirements, the owner of the construction works has to compensate the Technical Surveillance Authority for the costs of the evaluation services ordered to verify conformity to the requirements, including the costs of expert assessment or evaluation.
Time and cost: 1 day, no charge
Apply for permit of use and request final inspection from Municipality
The local municipality has discretion as to which agencies can be engaged in the inspection before the permit to use the building is issued. According to the law, the local municipality must issue a permit to use the building (or issue a refusal to not use the building) within 30 days from the date on which the last document necessary for the issue of the permit is submitted. BuildCo would have the right to file an action to the administrative court in case the 30-day limit is not respected. In practice though few companies file lawsuits against the authorities.
Time and cost: 1 day, EUR 64
Receive final inspection from Municipality and obtain permit of use
The date and the time of the final inspection is agreed between the builder and the municipal authority. The permit for use is not issued before the final inspection is carried out.
Time and cost: 25 days, no charge
Obtain water and sewerage connection
Agency: AS Tallina Vesi
Time and cost: 20 days, EUR 1,131