Notification under article 11 of the drinking water directive

Issuer: Riigikogu Type: act In force from: 01.05.2021 In force until: In force Translation published: 15.04.2021 Product Conformity Act1 Passed 20.05.2010 RT I 2010, 31, 157 Entry into force 01.10.2010 Amended by the following acts Passed Published Entry into force 20.05.2010 RT I 2010, 31, 158 01.01.2011 enters into force on the date specified in the decision of the Council of the European Union concerning abrogation of the derogation established with regard to the Republic of Estonia on the basis of Article 140(2) of the Treaty on the Functioning of the European Union, Decision No 2010/146/EU of the Council of the European Union of 13 July 2010 (OJ L 196, 28.7.2010, pp 24–26). 06.06.2012 RT I, 28.06.2012, 1 08.07.2012 19.02.2014 RT I, 13.03.2014, 4 01.07.2014, in part23.03.2014 23.04.2014 RT I, 10.05.2014, 1 20.05.2014 05.06.2014 RT I, 29.06.2014, 1 01.07.2014 19.06.2014 RT I, 12.07.2014, 1 01.01.2015 19.06.2014 RT I, 29.06.2014, 109 01.07.2014, the ministers’ official titles have been replaced on the basis of subsection 4 of § 107³ of the Government of the Republic Act. 18.02.2015 RT I, 23.03.2015, 3 01.07.2015 09.12.2015 RT I, 31.12.2015, 1 01.03.2016 04.05.2016 RT I, 17.05.2016, 1 13.06.2016 16.06.2016 RT I, 01.07.2016, 12 11.07.2016 15.03.2017 RT I, 28.03.2017, 1 07.04.2017 07.06.2017 RT I, 21.06.2017, 1 04.07.2017 21.11.2018 RT I, 12.12.2018, 3 01.01.2019 18.05.2020 RT I, 23.05.2020, 1 24.05.2020 17.06.2020 RT I, 30.06.2020, 8 10.07.2020 10.06.2020 RT I, 01.07.2020, 1 01.01.2021 17.06.2020 RT I, 10.07.2020, 2 01.01.2021 25.11.2020 RT I, 10.12.2020, 1 01.01.2021 16.12.2020 RT I, 04.01.2021, 1 01.05.2021 24.03.2021 RT I, 06.04.2021, 1 01.05.2021 Chapter 1 Product Conformity Act Page 1 / 23  GENERAL PROVISIONS § 1. Purpose of Act (1) The purpose of this Act is to ensure product safety and conformity and the free movement of goods. (2) To achieve the purpose, this Act sets out the following: 1) the requirements for ensuring product safety and product conformity attestation (hereinafter conformity assessment) and the grounds of accreditation and market supervision; 2) the principles of evasion of obstacles to the free movement of goods, which may arise from technical rules and standards, and the grounds of standardisation; 3) the establishment of Product Contact Points and the rules of procedure for application of technical rules with regard to products that fall outside the scope of application of the legislation of the European Union (hereinafter EU harmonisation legislation) in accordance with Regulation (EC) No 2019/515 of the European Parliament and of the Council laying down procedures relating to the application of certain national technical rules to products lawfully marketed in another Member State and repealing Regulation (EC) No 764/2008 (OJ L 91, 29.03.2019, pp 1–18). [RT I, 23.05.2020, 1 – entry into force 24.05.2020] § 2. Application of Act (1) The requirements established for conformity assessment and conformity-assessment bodies provided for in this Act are applied where their application is prescribed by another statute, a regulation issued on the basis of a statute or EU legislation (hereinafter legislation). (2) This Act applies to products and their market supervision insofar as the aspects regulated by this Act have not been regulated by another statute. Where requirements for a product have been established in another stature, this Act applies only to the extent of the requirements not regulated by another statute. (3) The requirements provided for in Division 3 of Chapter 2 and in Chapter 3 of this Act apply only where the requirements established for a product arise from EU harmonisation legislation (harmonised area), which is based on the principles provided for in Decision No 768/2008/EC of the European Parliament and of the Council on a common framework for the marketing of products, and repealing Council Decision 93/465/EEC (OJ L 218, 13.8.2008, pp 82–128) (hereinafter Decision No 768/2008/EC). The requirements arising from Division 3 of Chapter 2 and from Chapter 3 do not apply where no EU harmonisation legislation regulates a product (non-harmonised area). (4) This Act does not apply to the technical rules or standards of national defence and national security. (5) In the event of adoption of legislation containing sanitary and phytosanitary measures, the notification requirements provided for in § 43 of this Act apply. (6) The provisions of the Administrative Procedure Act apply to the administrative procedure provided for in this Act with the specifications provided for in this Act. (7) The provisions of this Act applicable to the European Union and to the Member States of the European Unions also apply to the Member States of the European Economic Area and to Switzerland and Turkey. (8) The General Part of the Economic Activities Code Act applies to the commencement, carrying out and termination of the economic activities of an undertaking regulated by this Act, taking account of the specifics arising from this Act. [RT I, 29.06.2014, 1 – entry into force 01.07.2014] § 3. Product (1) For the purposes of this Act, ‘product’ means the thing specified in Article 15(4) of Regulation (EC) No 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market supervision relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, pp 30–47), which is subject to EU harmonisation legislation. (2) For the purposes of this Act, ‘product’ also means, among other things, a movable that is intended for consumers or that consumers may use in a presumably reasonable manner even where not intended for them, as well as any product that is made available to consumers in the context of providing a service, that is supplied or made available, whether for consideration or not, in the course of commercial or professional activity, and regardless of whether the product is new, used or reconditioned. (3) A product supplied as an antique is not considered a ‘product’ for the purposes of this Act. (4) Where a product is placed on the market or made available on the market as a product that needs to be repaired or reconditioned before use, this Act does not apply to such product where: Page 2 / 23 Product Conformity Act  1) the manufacturer, its authorised representative, the importer or the distributor (hereinafter economic operator) informs the consumer of the need to repair or recondition the product before use; 2) the product is not subject to the requirements arising from EU harmonisation legislation. (5) For the purpose of subsection 8 of § 5, §§ 10, 102and 103and Chapter 5 of this Act, ‘product’ means any product. [RT I, 23.05.2020, 1 – entry into force 24.05.2020] § 4. Definitions (1) The definitions used in this Act and legislation established on the basis thereof have the following meaning: 1) ‘importer’ means a person located in the European Union who places a product originating from a third country on the market of the Union; 2) ‘withdrawal’ means any measure aimed at preventing a product in the supply chain from being made available on the market; 3) ‘distributor’ means a person participating in the supply chain who places a product on the market, except a manufacturer or importer; [RT I, 04.01.2021, 1 – entry into force 01.05.2021] 31) ‘competent authority’ means an authority exercising state supervision over the adherence to requirements established for a product in a non-harmonised field as per its area of authority; [RT I, 23.05.2020, 1 – entry into force 24.05.2020] 4) ‘standard’ means a document drawn up by consensus by a standardisation body for overall and repeated use, which contains technical specifications of the activity or the result thereof. Adherence to a standard is usually voluntary; 5) ‘standardisation body’ means a person engaged in drawing up, organising and adopting standards recognised on the national, regional or international level; 6) ‘recall’ means any measure aimed at achieving the return of a product that has already been made available to the end user; 7) ‘consumer’ means a person specified in clause 1 of subsection 1 of § 2 of the Consumer Protection Act; [RT I, 31.12.2015, 1 – entry into force 01.03.2016] 8) ‘technical rule’ means a technical specification applicable to a product, process or service provided for in legislation. A provision of law that contains the obligation to pay a tax for the purpose of influencing the consumption of a product is also considered a technical rule. A technical regulation within the meaning of Regulation (EU) No 2019/515 of the European Parliament and of the Council is also considered a technical rule. The provisions of legislation regulating national social security are not considered technical rules; [RT I, 23.05.2020, 1 – entry into force 24.05.2020] 9) ‘manufacturer’ means a person who manufactures a product or has a product designed or manufactured, and markets that product under their name or trademark. An importer or distributor who places a product on the market under their name or trademark or who, in a manner that may affect the conformity of the product with the applicable requirements, alters the product that has already been placed on the market, is also considered a manufacturer; 10) ‘placing on the market’ means a product first being made available on the European Union market; 11) ‘making available on the market’ means any supply of a product for distribution, consumption or use on the European Union market in the course of commercial activity, whether in return of payment or free of charge; 12) ‘conformity assessment’ means the process of demonstrating whether specified requirements relating to a product, process, service, system, person or body have been fulfilled; 13) ‘conformity assessment body’ means a body that performs conformity assessment activities, including calibration, testing, certification and inspection; 14) ‘authorised representative’ means a person established within the European Union who has received a written mandate from a manufacturer to act on their behalf in relation to specified tasks. (2) In addition to the definitions set out in subsection 1 of this section, the definitions used in Regulation (EC) No 765/2008 are used in this Act. Chapter 2 REQUIREMENTS FOR PRODUCTS AND OBLIGATIONS OF ECONOMIC OPERATORS Division 1 Product Conformity Act Page 3 / 23  Requirements for Products § 5. Placing products on market and putting products into service (1) A product that is not safe may not be placed on the market or put into service. (2) Where a requirement is established in legislation regarding a product, a product not conforming with the requirement cannot be placed on the market or put into service. (3) Where a product has been subjected to conformity assessment by legislation, the product cannot be placed on the market or put into service where the procedure for conformity assessment provided for in the legislation has not been followed. (4) The Government of the Republic, a minister authorised by it and the minister responsible for the field may, by a regulation, establish requirements for a product and a procedure for attestation of the conformity with these requirements and designate a market supervision authority who exercises market supervision over the fulfilment of these requirements. [RT I, 17.05.2016, 1 – entry into force 13.06.2016] (5) The requirements established on the basis of this Act may be based on the purpose of ensuring the health and safety of people. The requirements established on the basis of this Act may also be based on another aspect of protection of public interests, including the need to ensure consumer protection, occupational safety, compatibility, interoperability, energy economy or environmental sustainability. The rules arising from Division 1 of Chapter 5 of this Act are taken into account upon establishing requirements for products. (6) Requirements established for products may also arise from directly applicable legislation of the European Union. (7) The minister responsible for the field may establish more detailed requirements for the purpose of achievement of the goals of the decisions of the European Commission made on the basis of Article 13 of Directive 2001/95/EC of the European Parliament and of the Council on general product safety (OJ L 11, 15.1.2002, pp 4–17). (8) Where a requirement that does not arise from EU harmonisation legislation is established for a product by Estonian legislation, a product that does not conform to such requirement may be placed on the market and put into service in Estonia, provided that the product has been lawfully manufactured in a contracting state of the European Economic Area or Switzerland or where it has been lawfully manufactured or placed on the market in a Member State of the European Union or Turkey, provided that protection equal to the protection provided for in Estonian legislation has been ensured with regard to the product. § 6. Presumption and assessment of safety (1) The safety of a product is presumed where the product conforms to: 1) the requirements of the EU harmonisation legislation applicable to the product to the extent of the requirements arising from the legislation, or 2) the health protection and safety requirements of the contracting state of the European Economic Area where the product has been placed on the market, provided that the sphere has not been regulated by EU harmonisation legislation covering the product or product type and these requirements are in accordance with the Treaty on the Functioning of the European Union. (2) Where a product conforms to the requirements of the harmonised standard specified in subsection 1 of § 41 of this Act, the safety of the product is presumed with regard to the requirements covered by the harmonised standard. (3) Where, under subsections 1 and 2 of this section, the safety of a product cannot be presumed, the safety of the product is assessed taking into account the following: 1) the standards of the European standardisation bodies adopted by Estonia, which are not harmonised standards; 2) original Estonian standards; 3) recommendations of the European Commission, which contain guidelines for assessment of product safety; 4) the best practices in product safety in the specific industry; 5) the state of the art of science and technology; 6) the reasoned expectations of consumers regarding safety. § 7. Determination of safety (1) A product is considered to be safe where the product, under normal conditions of use including duration and, where applicable, upon adherence to being put into service, installation and maintenance requirements, does not present any risk to the safety or health of persons or jeopardise the surrounding environment. Page 4 / 23 Product Conformity Act  (2) In determining whether a product is safe, the market supervision authority takes into account, in particular, the following circumstances: 1) the characteristics of the product, including its composition, packaging, instructions for assembly and, where applicable, instructions for installation and maintenance; 2) the effect on other products, where it is reasonably foreseeable that it will be used with other products; 3) the presentation of the product, the labelling, warnings, instructions for use and disposal, and any other information regarding the product; 4) the potential risk upon use by certain categories of consumers, in particular children and the elderly. (3) The feasibility of obtaining higher levels of safety or the availability of other products presenting a lesser degree of risk do not constitute grounds for considering a product to be dangerous. (4) ‘Dangerous product’ means any product that does not meet the requirements provided for in subsections 1 to 3 of this section. (5) ‘Serious risk’ means any risk arising from a product, including those the effects of which are not immediate, calling for urgent intervention by the market supervision authority. § 8. Dangerous products that appear to be other than they are (1) It is prohibited to manufacture, place on the market, make available on the market, distribute, import or export dangerous products that appear to be other than they are. (2) ‘Dangerous products that appear to be other than they are’ means products that, albeit not being foodstuffs, possess a size or volume, odour, colour, appearance, form, packaging, labelling, such that it is likely that consumers, in particular children, may confuse them with foodstuffs and in consequence place them in their mouths, or suck or ingest them, which might be dangerous and cause physical harm. § 9. Display of non-conforming products A product that does not conform to the requirements or whose conformity has not been assessed may be displayed at trade fairs, exhibitions, demonstrations and other public displays, provided that the product has been equipped with clearly visible and understandable information indicating that the product does not conform to the requirements and it cannot be placed on the market or put into service before it has been brought into compliance with the requirements. The presenter of the product ensures safety during the display. § 10. Product Contact Point (1) The Product Contact Point contributes to the free movement of products in the European Economic Area by sharing information. Via the Product Contact Point, economic operators receive information about the technical rules applicable to products in accordance with Regulations (EC) No 2019/515 and (EU) No 305/2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/ EEC (OJ L 88, 04.04.2011, pp 5–43). [RT I, 23.05.2020, 1 – entry into force 24.05.2020] (2) The Consumer Protection and Technical Regulatory Authority ensures the performance of the functions of Product Contract Points specified in Regulations (EU) No 2019/515 and (EU) No 305/2011. [RT I, 06.04.2021, 1 – entry into force 01.05.2021] (3) The Consumer Protection and Technical Regulatory Authority may share the performance of the functions of the Product Contract Point with another person on the basis of a contract under public law. [RT I, 06.04.2021, 1 – entry into force 01.05.2021] § 101. Technical assessment body (1) The minister responsible for the field grants the right to act as an Estonian technical assessment body to a person who complies with the requirements provided for in Regulation (EU) No 305/2011 of the European Parliament and of the Council. The scope of the right to act as an Estonian technical assessment body is provided for in a public law contract concluded between the person and the minister responsible for the field. (2) A person who wishes to act as an Estonian technical assessment body submits to the minister responsible for the field an application where the person certifies that it is able to perform the duties provided for in Regulation (EU) No 305/2011 of the European Parliament and of the Council. (3) Upon receipt of an application specified in subsection 2 of this section, the minister responsible for the field establishes, by a directive, a committee for assessment of the compliance of the person with the requirements. [RT I, 23.03.2015, 3 – entry into force 01.07.2015] Product Conformity Act Page 5 / 23 § 102. Communication between competent authorities The competent authority communicates information on a product to the competent authority of another Member State on the basis of the latter’s request in accordance with the procedure provided for in Regulation (EU) No 2019/515 of the European Parliament and of the Council. [RT I, 23.05.2020, 1 – entry into force 24.05.2020] § 103. Procedures of competent authority under Regulation (EU) No 2019/515 of European Parliament and of Council The competent authority may prohibit placing products described in subsection 8 of § 5 of this Act on the Estonian market or demand that these be withdrawn from the market or altered or that additional tests be carried out in accordance with the procedure laid down in Regulation (EC) No 2019/515. [RT I, 23.05.2020, 1 – entry into force 24.05.2020] Division 2 General Obligations of Economic Operators § 11. Obligations of manufacturers (1) Manufacturers provide consumers with the relevant information to enable them to assess the risks inherent in a product throughout the normal or reasonably foreseeable period of its use, where such risks are not immediately obvious without adequate warnings, and to take precautions against those risks. (2) The presence of warnings does not exempt any manufacturer from compliance with the other requirements laid down in this Act. (3) Manufacturers take measures commensurate with the characteristics of the products they supply, enabling them to: 1) be aware of risks these products might pose; 2) choose to take appropriate action to avoid these risks such as withdrawal of the products from the market, warning consumers or recall of the products from consumers. (4) The measures referred to in subsection 3 of this section include: 1) an indication, by means of the product or its packaging, of the identity or trademark and contact details of the manufacturer, with reference to the type, batch or serial number of the product or another mark, except where not to give such information is justified; 2) the carrying out of sample testing of products placed on the market and, where necessary, keeping a register of complaints and keeping distributors informed of such monitoring; 3) other relevant measures. (5) Action such as that referred to in clause 2 of subsection 4 of this section is undertaken by the manufacturer on a voluntary basis or at the request of the market supervision authority. (6) Where other measures laid down in this Act do not suffice to prevent the risk, a product is recalled from a consumer where: 1) the manufacturer considers it necessary, or 2) the market supervision authority orders the manufacturer to do so. (7) Where the manufacturer is not established in the European Union, the provisions of this section apply to the manufacturer’s representative. Where the manufacturer does not have a representative in the European Union, the provisions of this section apply to the importer. § 12. Obligations of distributors (1) Distributors act with due care to ensure the conformity of products with requirements. Distributors must not make any products available on the market: 1) that they know, on the basis of the information in their possession and as professionals, are not safe; 2) that they know, on the basis of the information in their possession and as professionals, do not comply with the requirements, or 3) whose non-conformity with requirements should have been foreseen. (2) To avoid these risks, distributors, among other things: 1) within the limits of their respective activities, participate in monitoring the safety of products placed on the market; 2) pass on information on product risks to the manufacturer; 3) keep the documentation necessary for tracing the origin of products. Page 6 / 23 Product Conformity Act § 13. Informing market supervision authority (1) Where an economic operator knows or ought to know, on the basis of the information in their possession and as professionals, that a product that they have placed on the market or that they distribute cannot be deemed to be safe on the basis of § 6 of this Act, they inform thereof without delay the market supervision authority that exercises supervision over the relevant product group. (2) In the event of serious risk, the manufacturer, importer or distributor forwards the following to the market supervision authority: 1) information that enables the relevant product or batch of products to be clearly identified; 2) a full description of the risk arising from the product; 3) information that enables the former and later possessors and suppliers of the product to be identified; 4) information on the measures the person has taken in order to prevent the risks; 5) other information that may be required by the market supervision authority. (3) The information and documentation to be submitted in accordance with subsection 2 of this section must be in a language that the market supervision authority understands. (4) Economic operators cooperate with the market supervision authority in order to prevent the risks that may arise from products supplied or delivered to consumers by them. (5) At the request of the market supervision authority an economic operator informs the market supervision authority of any and all economic operators to which the economic operator has supplied the product or that have supplied the product to the economic operator. Division 3 Additional Obligations of Economic Operators in Harmonised Areas § 14. Obligations of manufacturers (1) When placing their products on the market, manufacturers ensure that they have been designed and manufactured in accordance with the requirements set out in the relevant legislation. (2) Before placing their products on the market, manufacturers draw up the required technical documentation regarding the products and carry out the conformity assessment procedure applicable or have it carried out. When compliance of a product with the applicable requirements has been demonstrated by that procedure, manufacturers draw up an EC declaration of conformity provided for in § 19 of this Act and affix the conformity marking. (3) Manufacturers keep the technical documentation and the EC declaration of conformity for at least ten years after the product has been placed on the market, unless provided otherwise in legislation. (4) Manufacturers ensure that procedures are in place for series manufacturing to remain in conformity. Changes in product design or characteristics and changes in the harmonised standards or in technical specifications by reference to which conformity of a product is declared are taken into account. (5) Manufacturers ensure that their products bear a type, batch or serial number or other element allowing their identification. Where the size or nature of the product does not allow it, the required information is provided on the packaging or in a document accompanying the product. (6) Manufacturers indicate their name or trademark and the address at which they can be contacted on the product or, where that is not possible, on its packaging or in a document accompanying the product. (7) Manufacturers ensure that the product is accompanied by instructions and safety information in the official language of a contracting state of the European Economic Area, which can be understood by potential end-users. A product to be made available to consumers on the market must be accompanied at least by instructions and safety information in Estonian. (8) Manufacturers who consider or have reason to believe that a product they have placed on the market is not in conformity with the requirements laid down in EU harmonisation legislation take without delay the necessary corrective measures to bring that product into conformity, to recall it from consumers or to withdraw the product from the market. Product Conformity Act Page 7 / 23 § 15. Authorised representatives (1) A manufacturer may, by a written mandate, appoint an authorised representative. (2) The mandate allows the authorised representative to do at least the following: 1) to keep the EC declaration of conformity and the technical documentation at the disposal of the regulatory authority during the term specified in subsection 3 of § 14 of this Act; 2) further to a request from the market supervision authority, provide the authority with all the information and documentation necessary to demonstrate the conformity of a product; 3) cooperate with the market supervision authority, at their request, on any action taken to eliminate the risks posed by products covered by their mandate. (3) The functions of authorised representatives do not include the obligations specified in subsection 1 of § 14 of this Act or drawing up technical documentation. § 16. Obligations of importers (1) Importers may only place compliant products on the market. (2) Before placing a product on the market importers ensure that: 1) the appropriate conformity assessment procedure has been carried out by the manufacturer; 2) the manufacturer has drawn up the technical documentation; 3) the product bears the required conformity marking or markings; 4) the product is accompanied by the required documents; 5) the manufacturer has complied with the requirements set out in subsections 5 and 6 of § 14 of this Act. (3) Importers ensure that, while a product is under their responsibility, storage or transport conditions do not jeopardise its compliance with the requirements. (4) Where deemed appropriate with regard to the risks presented by a product and to protect the health and safety of consumers, importers carry out sample testing of marketed products, investigate, and, where necessary, keep a register of complaints, of non-conforming products and product recalls, and keep distributors informed of such monitoring. (5) During the term provided for in subsection 3 of § 14 of this Act, importers keep a copy of the EC declaration of conformity at the disposal of the market supervision authority and ensure that the technical documentation can be made available to the market supervision authority, upon request. (6) In addition to the provisions of this section, the requirements provided for in subsections 6 to 8 of § 14 of this Act apply to importers. § 17. Obligations of distributors (1) When making a product available on the market distributors act with due care in relation to the requirements applicable. (2) Before making a product available on the market, distributors must verify that: 1) the product bears the required conformity marking or markings; 2) the product is accompanied by the required documents and by instructions and safety information prescribed by legislation; 3) the manufacturer has complied with the requirements set out in subsections 5 and 6 of § 14 of this Act; 4) the importer has complied with the requirements set out in subsection 6 of § 14 of this Act. (3) Distributors who consider or have reason to believe that a product is not in conformity with the applicable requirements make the product available on the market only after the product has been brought into conformity with the requirements. Where the product presents a risk, distributors inform the manufacturer or importer and the market supervision authority that exercises supervision over the product group. (4) Distributors ensure that, while a product is under their responsibility, storage or transport conditions do not jeopardise its compliance with the requirements. (5) Distributors who consider or have reason to believe that a product they have made available on the market is not in conformity with the applicable requirements arising from EU harmonisation legislation must make sure that the corrective measures necessary to bring that product into conformity, to withdraw it from the market or recall it from consumers, where appropriate, are taken. Chapter 3 CONFORMITY ASSESSMENT Division 1 Page 8 / 23 Product Conformity Act  General Provisions § 18. Conformity assessment (1) The conformity of a product is attested by way of due conformity assessment provided for in legislation applicable to the product. (2) It may be established in legislation that product conformity assessment must be attested by a state authority, the manufacturer or a conformity assessment body. Where legislation imposes the obligation of attestation of the conformity of a product on a state authority, the latter may, for the purpose of identifying the technical requirements, use the services of a competent accredited body that complies with the requirements established for conformity assessment bodies in § 28 of this Act. (3) It may be established in legislation that upon placing a product on the market or putting a product into service the product must be accompanied by a declaration of conformity or other documents specifying the conformity, installation, maintenance or use of the product. § 19. EC declaration of conformity (1) By an EC declaration of conformity a manufacturer certifies that the requirements established for a product by relevant legislation have been complied with. (2) Where a product is subject to multiple instruments that require a declaration of conformity to be drawn up, one declaration of conformity is drawn up for the product. The declaration of conformity must specify the related EU harmonisation legislation. (3) The EC declaration of conformity complies with the requirements provided for in the instrument, follows the structure of the same set out in Annex III of Decision No 768/2008/EC, contains the elements specified in the relevant modules set out in Annex II of the Decision, and it is updated regularly. § 20. Conformity marking (1) Where an instrument provides for the obligation to affix a conformity marking, i.e. the CE marking, the manufacturer or their authorised representative affixes the CE marking to the product that complies with the requirements provided for in the instrument and whose conformity with the requirements has been evaluated and certified in accordance with the established procedure. (2) CE marking is subject to the general principles provided for in Regulation (EC) No 765/2008 and the requirements of the instrument providing for the obligation to install the conformity marking. (3) EU harmonisation legislation may also provide for the obligation to install a conformity marking that differs from the conformity marking referred to in the instrument specified in subsection 2 of this section. § 21. Certificate of conformity (1) A certificate of conformity is a document issued by a conformity assessment body, which certifies that the product or quality system conforms to the requirements established in the certificate. (2) Where a conformity assessment body identifies that a manufacturer has failed to comply with the requirements arising from legislation serving as the basis for the issue of a conformity certificate, the relevant harmonised standard or other technical specifications, the conformity assessment body demands that the manufacturer take corrective measures and does not issue a conformity certificate until the corrective measures have been applied. (3) Where a conformity assessment body identifies after the issue of a certificate that a product no longer complies with the requirements serving as the basis for the issue of the certificate, the conformity assessment body demands that the manufacturer take corrective measures and, where necessary, the conformity assessment body suspends or revokes the certificate. (4) Where no corrective measures are taken or where they do not have the desired effect, the conformity assessment body limits the validity of the certificate or suspends or revokes the certificate. Division 2 Product Conformity Act Page 9 / 23  Operating as Conformity Assessment Body § 22. General requirements for activities of conformity assessment bodies (1) Conformity assessment bodies perform their functions in a competent, transparent, impartial, independent, non-discriminating and proportionate manner and follow the requirements established for the conformity assessment of specific products. (2) Conformity assessment bodies participate in cooperation between conformity assessment bodies operating in the European Union within the scope of their field of activity. § 23. Information obligation of conformity assessment bodies (1) A conformity assessment body that has obtained the right to operate in Estonia informs the body specified in subsection 11of § 30 of this Act: [RT I, 17.05.2016, 1 – entry into force 13.06.2016] 1) of refusal to issue a certificate of conformity or limitation, suspension or cancellation of the validity thereof; 2) without delay of any circumstance that affects the scope of the right to operate granted under the activity license of the conformity assessment body; 3) [Repealed – RT I, 17.05.2016, 1 – entry into force 13.06.2016] 4) at the request of the committee, of conformity assessment carried out within the scope of the right to operate granted under the activity license, including of cross-border conformity assessments and contracting. (2) A conformity assessment body, at its own initiative, informs other conformity assessment bodies operating in the same sphere in the contracting states of the European Economic Area of the suspicion that a person may address another conformity assessment body with the request of the conformity assessment of a product or quality system that the conformity assessment body has found to be non-conforming. (3) Conformity assessment bodies inform the market supervision authority of the suspicion that a product placed on the market or a product put into service is non-conforming. (4) [Repealed – RT I, 17.05.2016, 1 – entry into force 13.06.2016] (5) Conformity assessment bodies document their conformity assessment activities and preserve the respective documents for no less than ten years, unless otherwise provided by legislation. § 24. Confidentiality (1) Conformity assessment bodies ensure the confidentiality of the information obtained in the course of their activities. This obligation of the employees and mandataries of conformity assessment bodies remains in force after termination of a contract made with the conformity assessment body. (2) The confidentiality requirement applies where the market supervision authority requests information about conformity assessment while performing its tasks. § 25. Subsidiaries and subcontractors of conformity assessment bodies (1) In the course of conformity assessment, conformity assessment bodies may use the services of subsidiaries or subcontractors (hereinafter contractors) with the consent of the person applying for conformity assessment. (2) Where a conformity assessment body uses the services of a contractor in conformity assessment, the body ensures the compliance of the contractor with the requirements of the body. The conformity assessment body is fully liable for the services provided by contractors. (3) Conformity assessment bodies ensure that the activities of their subsidiaries or contractors do not affect the confidentiality, objectivity or impartiality of their conformity assessment activities. (4) Conformity assessment bodies keep at the disposal of the market supervision authority the relevant documents concerning the assessment of the qualifications of the contractor and the conformity assessments carried out by them. § 26. Accredited in-house conformity assessment bodies (1) It may be provided by legislation that an accredited in-house body may be used to carry out conformity assessment activities. (2) An accredited in-house body constitutes a separate and distinct part of the undertaking and does not participate in the design, manufacture, distribution, installation, use or maintenance of the products it assesses. An accredited in-house body must meet the following requirements: 1) it has been accredited to carry out a specific conformity assessment; Page 10 / 23 Product Conformity Act  2) the body and its personnel are organisationally identifiable and have reporting methods within the undertaking of which they form a part that ensure their impartiality and demonstrate it to the relevant national accreditation body; 3) neither the body nor its personnel are responsible for the design, manufacture, distribution, installation or maintenance of the products they assess nor engage in any activity that might conflict with their independence of judgment or integrity in relation to their assessment activities; 4) the body supplies its services exclusively to the undertaking of which it forms a part. (3) Notification of an accredited in-house body is not given to the Member States or the European Commission. Division 3 Granting Activity Licenses to Conformity Assessment Bodies, Suspension and Revocation of Activity Licenses § 27. Activity license of conformity assessment bodies (1) In order to operate as a conformity assessment body, an individual or entity (hereinafter person) ought to have an activity license issued by a contracting state of the European Economic Area, and the European Commission and other contracting states of the European Economic Area must be informed of the person. (2) A body specified in an agreement of mutual recognition made between the European Union and a third country may also operate as a conformity assessment body. (3) [Repealed – RT I, 17.05.2016, 1 – entry into force 13.06.2016] (4) [Repealed – RT I, 17.05.2016, 1 – entry into force 13.06.2016] § 28. Requirements for conformity assessment bodies (1) A conformity assessment body, including a person who applies for an activity licence of a conformity assessment body, must comply with the following requirements: 1) the person has been registered in the commercial register, non-profit associations and foundations register or state register of state and local government agencies; 2) the person, including its shareholders and members who hold more that 50 percent of the shares as well as its employees who, based on their position, have a substantial decision-making capacity, has or have an impeccable reputation; 3) the person’s activities as a conformity assessment body have been organisationally and in terms of accounting been separated from its other activities; 4) the person is able to act in an independent, professional, impartial and non-discriminating manner; 5) the person has indicated in the submitted application a sufficient number of employees with the required education, training and experience for conformity assessment, who, within the scope of the right to operate specified in the application for the activity license and granted under the activity license, are familiar with the requirements arising from the applicable EU harmonisation legislation and harmonised standards regarding the products that are to be subjected to conformity assessment; 6) the person has the tools that allow for carrying out conformity assessment procedures; 7) the person is technically sufficiently competent to carry out conformity assessment procedures within the scope of the right to operate specified in the application for the activity license and in the activity license; 8) the person and the personnel must not be the designer, planner, manufacturer, authorised representative of the manufacturer, importer, distributor, supplier, installer, maintainer, owner or user of the products that they assess, not the representative of any of those parties, and their other activities must not be related to the products to an extent that arouses suspicion in their independence and impartiality, thereby the person or the personnel carrying out conformity assessment must not provide respective consultation services. This does not preclude the use of assessed products that are necessary for the operations of the conformity assessment body or the use of such products for personal purposes; 9) the personnel of the conformity assessment body is remunerated regardless of the number of conformity assessment procedures and results; 10) at the time of operating as a conformity assessment body the person has valid liability insurance to the extent of a sum insured that ensures the indemnification of possible damage caused to third parties by its activities as a conformity assessment body and that amounts to no less than 64 000 euros; [RT I 2010, 31, 158 – entered into force 01.01.2011] 11) the person complies with other requirements arising from EU harmonisation legislation applicable to the person’s field of activity. (2) Where a person demonstrates their compliance with the criteria laid down in the applicable harmonised standards or parts thereof, the person is presumed to comply with the requirements set out in the legislation in so far as the standards cover those requirements. Product Conformity Act Page 11 / 23  (3) The conformity assessment body and a person who applies for an activity license of a conformity assessment body must be accredited by an accreditation body compliant with Regulation (EC) No 765/2008 to carry out the conformity assessment applied for under the activity license. [RT I, 17.05.2016, 1 – entry into force 13.06.2016] (4) Where a conformity assessment body was accredited by the national accreditation body of another contracting state of the European Economic Area, the conformity assessment body submits to the body that granted it the right to operate a report on the follow-up inspection carried out by the accreditation body. [RT I, 17.05.2016, 1 – entry into force 13.06.2016] § 29. Submission of documents to obtain activity license (1) In addition to the information required in the General Part of the Economic Activities Code Act, an application for an activity license must contain the following data and documents: 1) the products or product types with regard to which the applicant wishes to obtain the right to operate for the purpose of conformity assessment and references to applicable legislation; 2) the conformity assessment procedures the applicant would like to carry out as a conformity assessment body and references to applicable legislation; 3) a certificate certifying accreditation or a copy thereof, 4) a copy of the liability insurance policy. (2) Where a conformity assessment body uses the services of a contractor, the body also submits information about the contractor and its compliance with the requirements, enclosing a copy of the respective cooperation contract. (3) Where a conformity assessment body wishes to change the scope of the right to operate specified in an existing activity license or to extend the term of validity of the right to operate, the body submits in an application the data and documents it has not submitted before or that have changed to the extent covered by the previously submitted document. § 30. Granting activity license (1) [Repealed – RT I, 29.06.2014, 1 – entry into force 01.07.2014] (11) The Consumer Protection and Technical Regulatory Authority grants an activity license. In the field of medical devices, the Health Board grants an activity license. [RT I, 12.12.2018, 3 – entry into force 01.01.2019] (12) The authority exercising market supervision in the respective field can be involved in granting an activity license. [RT I, 17.05.2016, 1 – entry into force 13.06.2016] (2) Unless otherwise provided by legislation, an activity license is granted for the term of validity of the accreditation certificate or another objective and substantial circumstances serving as the basis for the license. § 31. Refusal to grant activity license (1) [Repealed – RT I, 29.06.2014, 1 – entry into force 01.07.2014] (2) The granting of an activity license may be refused where the applicant’s right to operate as a conformity assessment body has previously been revoked on the following grounds: [RT I, 17.05.2016, 1 – entry into force 13.06.2016] 1) the conformity assessment body has failed to comply with a precept; 2) the conformity assessment body does not allow for exercising state supervision over its activities; 3) the conformity assessment body has committed a fundamental breach or repeatedly breached the requirements established for its activities; 4) the conformity assessment body continues operating as a conformity assessment body during the term when the validity of its activity license has been suspended. § 32. Suspension of validity of activity license [Repealed – RT I, 29.06.2014, 1 – entry into force 01.07.2014] § 33. Revocation of activity license (1) [Repealed – RT I, 29.06.2014, 1 – entry into force 01.07.2014] (2) [Repealed – RT I, 29.06.2014, 1 – entry into force 01.07.2014] (3) The revocation of the activity license of a conformity assessment body must not influence the validity of the documents issued by the body. Page 12 / 23 Product Conformity Act  (4) In the event of revoking the activity license of a conformity assessment body, the body hands its conformity assessment documentation over to the body specified in subsection 11of § 30 of this Act. The documentation does not need to be handed over where the activity license of the conformity assessment body is revoked in part. [RT I, 17.05.2016, 1 – entry into force 13.06.2016] § 34. Notification of activity license and commencement of right to operate (1) The body that granted an activity license to a conformity assessment body notifies the European Commission and other Member States of granting, suspending or revoking the license. Notification ensures in the Member States of the European Union the recognition of the conformity assessment procedures carried out by the conformity assessment body within the scope of the right to operate granted under the activity license. In the course of notification, the conformity assessment body receives an identification number. [RT I, 17.05.2016, 1 – entry into force 13.06.2016] (2) A conformity assessment body may commence operation within the limits of the right to operate specified in the activity license when a two-week waiting period has ended and the European Commission or any Member State has not raised any objections to the notification of the conformity assessment body. [RT I, 17.05.2016, 1 – entry into force 13.06.2016] (3) Where the European Commission or another Member State raises any objections to the notification of granting an activity license to a conformity assessment body, the body that granted the activity license takes these into account and renews the procedure for granting the activity license to the conformity assessment body. [RT I, 17.05.2016, 1 – entry into force 13.06.2016] § 35. Publication of information on activity license in register of economic activities (1) For the purpose of informing the public, the body that granted the activity license publishes data on granting the activity license to the conformity assessment body or suspending or revoking the license in the register of economic activities as a registry entry. [RT I, 17.05.2016, 1 – entry into force 13.06.2016] (2) [Repealed – RT I, 29.06.2014, 1 – entry into force 01.07.2014] (3) A registry entry on the granting of an activity license is made without delay after the waiting period specified in subsection 2 of § 34 of this Act is over and the conformity assessment body’s right to operate has entered into force. A registry entry on the suspension or revocation of the activity license is made without delay. Chapter 4 ACCREDITATION § 36. Organisation of accreditation Accreditation is organised and carried out in accordance with Chapter II of Regulation (EC) No 765/2008. § 37. Estonian accreditation body (1) Estonian national accreditation body is a state-founded entity that operates on a not-for-profit basis and the goal of whose statutory activities is the accreditation of conformity assessment bodies. (2) The person performing the tasks of the Estonian national accreditation body is appointed by an order of the Government of the Republic. (3) The state finances the participation of the Estonian national accreditation body in the activities of European and international accreditation cooperation bodies and, where it is agreed on separately, other activities of the accreditation body. § 38. Operation as Estonian accreditation body (1) The Estonian accreditation body: 1) administers the accreditation system, and accredits, assesses and attests the professional competency of measurers; 2) organises interlaboratory comparison testing; 3) approaches all applications for professional competency assessment and accreditation in an impartial manner and in accordance with the principle of equal treatment; 4) complies with the requirements established for accreditation bodies in Regulation (EC) No 765/2008; 5) represents Estonia in international accreditation cooperation; Product Conformity Act Page 13 / 23  6) publishes on its website the names of accredited conformity assessment bodies, the scope of accreditation and notices of suspension or revocation of accreditations; 7) advises government agencies in accreditation-related matters. (2) Where, as a result of inspection of a conformity assessment body that obtained an activity license on the basis of this Act, the body is required to take corrective measures, the accreditation body submits a summary of the results of inspection to the body specified in subsection 11of § 30 of this Act after taking the measures. The accreditation body also informs without delay the body that granted the activity license of the suspension or revocation of the accreditation, of complaints filed against the activities of the conformity assessment body and of measures taken to resolve these. [RT I, 17.05.2016, 1 – entry into force 13.06.2016] § 381. Fee for accreditation and assessment of professional competency of measurer (1) The Estonian accreditation body charges a fee for accreditation and assessment of the professional competency of a measurer. (2) The fee is charged for the following: 1) review of an application; 2) accreditation, including supervision over an accredited body; 3) keeping accreditation and the certificate certifying the professional competence of a measurer valid. (3) The fee is paid in the manner and by the due date indicated in an invoice issued by the Estonian accreditation body. (4) Where the accredited body has not paid an invoice by the due date, the Estonian accreditation body suspends the validity of its accreditation until the invoice has been paid. Where an invoice has not been paid within six months after the due date specified in the invoice, the Estonian accreditation body revokes the accreditation. Where an invoice is overdue, the Estonian accreditation body has the right to refuse accreditation. This subsection also applies to a measurer who has been declared professionally competent. [RT I, 01.07.2016, 12 – entry into force 11.07.2016] § 382. Fee for review of application (1) The applicant pays the following fee for having their application reviewed: 1) 300 euros for the review of the first accreditation application; 2) 200 euros for the review of an application for extending the scope of accreditation; 3) 175 euros for reviewing an application for assessment of the professional competency of a measurer. (2) No fee is charged for an application for extension of the scope of accreditation within the limits of an accredited conformity assessment scheme or a test field. (3) The fee is not refunded to the applicant where the applicant withdraws the application or where the application is not granted for a reason independent of the Estonian accreditation body. [RT I, 01.07.2016, 12 – entry into force 11.07.2016] § 383. Accreditation fee (1) The applicant pays a fee for accreditation. The size of the fee depends on the time spent on assessment, the complexity of assessment, the rate of the assessors and the direct expenses related to the assessment. (2) The rate of the assessor is agreed with the assessor. The Estonian accreditation body introduces the estimated cost of accreditation to a body applying for accreditation or to an accredited body in advance and allows for the expression of an opinion on the fee of the assessor to be involved. (3) The rate of the hourly fee of the assessor in charge of the assessment (hereinafter chief assessor) is up to 20 times the minimum hourly rate established in accordance with subsection 5 of § 29 of the Employment Contracts Act. The Estonian accreditation body annually establishes the hourly rate of the chief assessor. The provisions of this subsection do not apply to other assessors involved in accreditation. (4) The direct expenses of accreditation include the assessor’s business trip expenses, translation expenses where assessment is not carried out in Estonian, and other expenses related to accreditation. The making of an advance payment to cover direct expenses may be requested. [RT I, 01.07.2016, 12 – entry into force 11.07.2016] § 384. Annual fee for keeping accreditation and certificate valid (1) An accredited body and a professionally competent measurer pay an annual fee for keeping accreditation and the certificate of the measurer valid. Page 14 / 23 Product Conformity Act (2) The amount of the annual fee depends on the expenses required for the sustainable functioning of the Estonian accreditation body, which are divided between accredited bodies and professionally competent measurers proportionally, taking account of the extent and complexity of the accreditation. (3) Where the accreditation or the declaring of a measurer as professionally competent is suspended or declared invalid, the accredited authority or the measurer has the right to request that the Estonian accreditation body refund the paid annual fee for the full months in which the right covered by the annual fee remained unexercised. The portion of the annual fee to be refunded is returned to the applicant within one month as of the receipt of the application. (4) The principles of setting the annual fee and the rates of the fee are established by a regulation of the minister responsible for the field. [RT I, 01.07.2016, 12 – entry into force 11.07.2016] Chapter 5 TECHNICAL RULES AND STANDARDS Division 1 General Provisions § 39. Technical rules (1) Legislation containing technical rules is drafted in accordance with international law binding upon Estonia, standards adopted by international or European standardisation bodies or the technical specifications set out in their final drafts. Deviation from the technical specifications set out in standards of their final drafts is permitted where taking these into account without any exceptions would be inefficient due to climatic or geographic conditions or technical problems or unfitting for achievement of the desired objectives. (2) Legislation containing technical rules establishes uniform requirements for products manufactured in and imported to Estonia and for services provided. (3) A reasonable interval is allowed between the publication and entry into force of legislation containing technical rules so manufacturers can bring their products or the method of manufacturing into compliance with the regulations. The requirement of a reasonable interval does not apply in cases where the rapid entry into force of a technical rule is necessary for the purpose of protecting human health or safety, protecting the environment or guaranteeing national security. § 40. Estonian standards (1) Estonian standards are standards adopted by Estonian standardisation bodies. The abbreviation for Estonian standards is ‘EVS.’ (2) An Estonian standard is deemed adopted when a notice concerning its adoption is published in the official publication of the Estonian standardisation body. (3) The Estonian national standardisation body ensures the availability of standards to the public as of the publication date of the notice provided for in subsection 2 of this section. (4) An Estonian standard may be: 1) a transposed standard of an international or European standardisation body; 2) a transposed original standard of another state; 3) an original Estonian standard. (5) An original Estonian standard is adopted and made accessible at least in Estonian. (6) In the event of transposition of a standard of an international or European standardisation body or an original standard of another state, the transposed standard does not have to be in Estonian. The Estonian standardisation body makes the transposed standard available in at least one of the official languages of the standardisation body that drew up the standard. Different language versions of the transposed standard are equal. § 41. Usage of harmonised standards (1) Where a notice (reference) on a harmonised standard has been published in the Official Journal of the European Union and the standard has been adopted as the standard of at least one Member State of the European Product Conformity Act Page 15 / 23 Union and unless legislation provides otherwise, it is presumed that products or services conforming with the standard also conform to technical rules to the extent of the requirements covered by the standard. (2) Where a notice (reference) published on a harmonised standard in the Official Journal of the European Union has been repealed, products or services are not deemed to comply with the relevant technical rules in the event the standard is adhered to. (3) Where an additional notice (reference) has been published on a harmonised standard in the Official Journal of the European Union, the conformity of products or services with the relevant technical rules is, in the event of adherence to the standard, presumed on the terms and conditions set out in the notice. § 42. Reference to standard in technical rule (1) When taking the requirements of a standard into account in a technical rule, only the significant requirements or objectives are laid down and, where necessary, a reference to the standard is made. A standard may be referred to directly or in general in a technical rule. In terms of its legal meaning, a reference to a standard is recommended or mandatory. [RT I, 10.05.2014, 1 – entry into force 20.05.2014] (2) A reference to a standard is direct where it contains the designation of the standard, which is a combination of the abbreviation of the standardisation body that adopted or drew up the standard and the number of the standard. A direct reference is given with or without a date. In the event of a reference with a date, the standard is adhered to as of the date and, in the event of a standard without a date, the standard is adhered to as amended. (3) A reference to a standard is general where reference is made to standards adopted by a standardisation body or to standards identified otherwise and the reference does not contain the designation of the standard. (4) A reference to a standard is deemed recommended where other solutions besides following the referred standard can be applied for the purpose of complying with the requirements of law. In the present case another solution does not mean the obligation to follow another standard. [RT I, 10.05.2014, 1 – entry into force 20.05.2014] (5) A reference to a standard is mandatory where only the referred standard may be followed for the purpose of complying with the requirements of law. A mandatory reference to a standard may be a direct or general reference. [RT I, 10.05.2014, 1 – entry into force 20.05.2014] (6) A mandatory reference to a standard must not be made in a technical rule. By way of exception, a mandatory reference may be made upon performance of obligations of Estonia, which arise from international law or legislation of the European Union, provided that it is the only way of complying with the requirements arising from law. [RT I, 10.05.2014, 1 – entry into force 20.05.2014] (7) Where a recommended reference to a standard is set out in a technical rule, compliance with the relevant requirements of law is presumed upon adherence to the referred standard with regard to the requirements covered by the standard. [RT I, 10.05.2014, 1 – entry into force 20.05.2014] § 43. Notification (1) The European Commission and contracting states of the European Economic Area are notified of legislation that is being drafted and that has been adopted, which contains a technical rule concerning the product or affecting the marketing of the product, including a sanitary or phytosanitary measure. (2) There is no need to notify of draft legislation that follows the obligations arising from EU harmonised legislation and international agreements, as a result of which a common technical rule is adopted in the European Union. (3) The drafter of legislation subject to notification submits the draft legislation to the authority coordinating notification. The draft legislation is submitted for notification at such stage of the proceedings where it is still possible to amend the draft legislation. (4) The procedure for notification is established and the authority coordinating notification is appointed by a regulation of the Government of the Republic. Division 2 Page 16 / 23 Product Conformity Act  Organisation of Standardisation § 44. Estonian standardisation body and performance of obligations arising from European standardisation regulation [RT I, 10.05.2014, 1 – entry into force 20.05.2014] (1) The Estonian standardisation body is a state-founded non-profit association that represents its members and the purpose of the activities of which, as specified in the articles of association, is to draw up and publish standards and represent Estonia in international standardisation. The interests of the state in the Estonian standardisation body are represented by a government agency as a member. (2) The person performing the tasks of the Estonian standardisation body is appointed by an order of the Government of the Republic. (21) The obligations of the standardisation body of the state, which arise from Regulation (EU) No 1025/2012 of the European Parliament and of the Council on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/ EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (OJ L 316, 14.11.2012, pp 12–33 (hereinafter European standardisation regulation), are performed by the Estonian standardisation body. [RT I, 10.05.2014, 1 – entry into force 20.05.2014] (22) In the field of telecommunications, the obligations of the standardisation body of the state set out in the regulation specified in subsection 21of this section are performed by the Consumer Protection and Technical Regulatory Authority. [RT I, 12.12.2018, 3 – entry into force 01.01.2019] (3) [Repealed – RT I, 10.05.2014, 1 – entry into force 20.05.2014] § 45. Obligations of Estonian standardisation body (1) The Estonian standardisation body: 1) maintains the Estonian standardisation system and organises standardisation activities in Estonia; 2) performs the obligations of the standardisation body of the state arising from the European standardisation regulation; 3) performs the obligations arising from membership in international and European standardisation organisations and participates in the work of the organisations whose member it is; 4) performs standardisation obligations assumed under international agreements and standardisation obligations delegated by the state; 5) in the official publication made available on its website, publishes information on drafted Estonian standards as of making them available for an opinion poll or commenting and information on adopted, repealed or harmonised standard-transposing Estonian standards as of their adoption or repeal or the receipt or loss of the status of a harmonised standard; 6) uses the EVS trademark and ensures that it is not misused. [RT I, 10.05.2014, 1 – entry into force 20.05.2014] (2) The Estonian standardisation body ensures the availability of Estonian standards in Estonia and the possibility to access them free of charge at least at the address of its seat. Upon making standards available, the Estonian standardisation organisation ensures the protection of copyright on standards and publish the terms and conditions of protection of copyright. (3) The Estonian standardisation body may charge a fee for dissemination of standards. The fee is cost-based and ensure the availability of the standardisation service at the required level in Estonia and the availability of funds required for the development of the standardisation body. (4) The Estonian standardisation body performs the tasks of an information centre of the World Trade Organization (hereinafter WTO). The tasks of the information centre arise from Article 10 of the WTO Agreement on Technical Barriers to Trade, Annex B of the WTO Agreement on the Application of Sanitary and Phytosanitary Measures, and other legislation and international agreements that lay down the coordination of the exchange of information pertaining to standards. § 46. Standardisation committee [Repealed – RT I, 10.05.2014, 1 – entry into force 20.05.2014] Product Conformity Act Page 17 / 23 § 47. Standardisation scheme [Repealed – RT I, 10.05.2014, 1 – entry into force 20.05.2014] § 48. Drawing up Estonian standards and financing Estonian standardisation body (1) The costs of drawing up and translating an Estonian standard are covered by interested persons. The drawing up and translating an Estonian standard commissioned by a state authority are financed by the state via the budget of the interested ministry. (2) Interested persons can make proposals on drawing up or translating an Estonian standard to the Estonian standardisation body. (3) The state finances the performance of the obligations of the Estonian standardisation body set out in clause 2 of subsection 1 of § 45 and subsections 2 and 4 of § 45 of this Act, compensates the membership fees of international and European standardisation bodies and the costs of participating in their work and, where agreed separately, the state also finances other activities of the standardisation body. Funds are allocated in the budget of the area of government of the Ministry of Economic Affairs and Communications. [RT I, 10.05.2014, 1 – entry into force 20.05.2014] Chapter 6 MARKET SUPERVISION AND SUPERVISION OVER CONFORMITY ASSESSMENT BODIES Division 1 Organisation of Market Supervision § 49. Organisation of market supervision (1) In harmonised areas market supervision of products is organised and exercised in accordance with Chapter III of Regulation (EC) No 756/2008 and this Act and, in non-harmonised areas, in accordance with this Act. (2) The market supervision authority may take the measures specified in Division 2 of this Chapter with regarding to products of a harmonised area, which have been made available to consumers on the market, provided that these measures are more specific that the measures laid down in Chapter III of the Regulation (EC) No 765/2008. (3) The provisions of Section 3 of Chapter III of Regulation (EC) No 756/2008 apply to controls of products entering the market of the European Union insofar as it has not been regulated by other legislation. § 50. Competence of authorities participating in market supervision (1) State supervision over the fulfilment of the requirements established for products by legislation is exercised by market supervision authorities. For the purposes of this Act, market supervision authorities include the Consumer Protection and Technical Regulatory Authority, the Health Authority, the Transport Administration, the Agriculture and Food Authority and the Environment Authority. [RT I, 10.12.2020, 1 – entry into force 01.01.2021] (2) [Repealed – RT I, 12.12.2018, 3 – entry into force 01.01.2019] (3) The Health Board exercises state supervision over compliance with the health requirements of products. (4) The Transport Administration engages in the regulatory enforcement of requirements established for vehicles and components, systems, equipment or separate technical units thereof and for water craft, except for water craft and vehicles and components, systems, equipment or separate technical units thereof which have been constructed and made for use in the armed forces. [RT I, 10.12.2020, 1 – entry into force 01.01.2021] (5) The Consumer Protection and Technical Regulatory Authority exercises state supervision over compliance with the requirements established for the following products: [RT I, 12.12.2018, 3 – entry into force 01.01.2019] 1) building materials and products; 2) electrical equipment; 3) radio equipment; [RT I, 17.05.2016, 1 – entry into force 13.06.2016] 4) gaseous fuels, appliances burning gaseous fuels, fittings of appliances burning gaseous fuels; 5) lifts, safety components of lifts, cableways, subsystems and safety components of cableways; 6) explosives and pyrotechnical products; Page 18 / 23 Product Conformity Act  7) machinery, replaceable appliances of machinery, protection devices, auxiliary lifting equipment, chains, ropes and belts, removable transmission mechanisms, partially assembled machinery; 8) equipment used outdoors, based on the noise requirements established for it; 9) equipment, protection systems, components and fittings used in an explosive atmosphere; 10) measuring instruments and pre-packages subject to compulsory metrological control; 11) compliance of household appliances, heating appliances and devices with energy efficiency, energy- performance labels and ecological design requirements; 12) pressure equipment, including pressure vessels, piping systems, safety and auxiliary devices, vessels for dangerous liquids, and aerosol dispensers; 121) consumer products; [RT I, 12.12.2018, 3 – entry into force 01.01.2019] 122) personal protective equipment; [RT I, 12.12.2018, 3 – entry into force 01.01.2019] 13) other products whose supervision has been placed within its competence by this Act or legislation adopted on the basis of this Act. (6) The Agriculture and Food Authority engages in the regulatory enforcement of requirements established for fertilisers bearing the marking ‘EU fertiliser.’ [RT I, 01.07.2020, 1 – entry into force 01.01.2021] (7) The Environment Authority engages in the regulatory enforcement of requirements established for products of concern and other products that potentially endanger the environment. [RT I, 10.07.2020, 2 – entry into force 01.01.2021] (8) [Repealed – RT I, 12.12.2018, 3 – entry into force 01.01.2019] (81) [Repealed – RT I, 10.12.2020, 1 – entry into force 01.01.2021] (9) The Tax and Customs Board inspects the safety of imported products and their compliance with the requirements, thereby cooperating with the appropriate market supervision authority. § 51. Cooperation and exchange of information between authorities participating in market supervision (1) For the purpose of facilitating cooperation and exchange of information between the authorities participating in market supervision, the minister responsible for the field form a market supervision council in the Ministry of Economic Affairs and Communications. (2) The market supervision council consists of representatives of all the authorities participating in market supervision under this Act and representatives of the ministries of their areas of government. (3) The task of the market supervision council is to make proposals: 1) for establishment of the strategic goals of market supervision and product safety; 2) for shaping the structure and activity priorities of the market supervision authorities and for coordinated application for state budget funds; 3) for furthering cooperation between the market supervision authorities and the Tax and Customs Board; 4) for furthering the training and international cooperation of supervision officers; 5) in other matters concerning market supervision. (4) The composition and rules of procedure of the market supervision council are approved by a directive of the minister responsible for the field. (5) [Repealed – RT I, 23.05.2020, 1 – entry into force 24.05.2020] § 52. Market supervision programmes (1) Market regulatory authorities draw up market supervision programmes with regard to the products over which they exercise supervision under Regulation (EC) No 765/2008, implement the programmes and update the programmes regularly. (2) Market regulatory authorities publish their market supervision programmes on their websites and communicate them to other Member States and the European Commission via the information system specified in Article 23 of Regulation (EC) No 765/2008. § 53. Review and assessment of supervision operations (1) Market regulatory authorities regularly review the supervision operations carried out on the basis of their market supervision programmes, assess these and draw up reports on supervision operations. Product Conformity Act Page 19 / 23  (2) Market regulatory authorities publish their supervision operations reports on their websites and communicate them to other Member States and the European Commission via the information system specified in Article 23 of Regulation (EC) No 765/2008. Division 2 Market Supervision Measures § 54. State supervision [RT I, 13.03.2014, 4 – entry into force 01.07.2014] (1) The market supervision authority has the right to check to the required extent the safety and conformity of each product placed on the market before the product has reached the end-consumer as well as in cases where the product has been placed on the market as a conforming and safe product. (2) The market supervision authority may, for the purpose of exercising the state supervision provided for in this Act, take special measures of state supervision provided for in §§ 30, 31, 32, 49, 50, 51 and 52 of the Law Enforcement Act on the grounds and in accordance with the procedure provided for in the Law Enforcement Act. [RT I, 13.03.2014, 4 – entry into force 01.07.2014] (3) The market supervision authority has the right to make a test transaction for the purpose of inspecting the safety and conformity of a product without informing the undertaking thereof in advance. The making of a test transaction is decided by the Director General of the market supervision authority or an official authorised by the Director General of the market supervision authority. [RT I, 28.03.2017, 1 – entry into force 07.04.2017] (4) Upon a test transaction, the purpose of making the transaction may be concealed. The official making a test transaction does not have to introduce themselves upon making the transaction, wear a uniform or present their identification before attaining the purpose of the test transaction. [RT I, 28.03.2017, 1 – entry into force 07.04.2017] (5) The person making a test transaction informs a person of the test transaction without delay after the attainment of the purpose of the test transaction. The informing of the person may be postponed where it is necessary for continuing supervision related to the activities of the same person. [RT I, 28.03.2017, 1 – entry into force 07.04.2017] (6) A transaction under the law of obligations made in the course of a test transaction is void. The compensation of costs related to a test transaction is subject to the provisions of § 83 of the Law Enforcement Act. Where an offence was not identified upon making a test transaction, the person can also demand that the documented costs of the transaction be compensated. [RT I, 28.03.2017, 1 – entry into force 07.04.2017] § 55. Publication of information (1) The market supervision authority makes public the information concerning the risks arising from products and information regarding identification of products, the characteristics of the risk arising from products, and the measures taken. (2) The market supervision authority may obligate economic operators to disclose information about the risks arising from a product. Where an economic operator fails to perform the obligation to disclose information within the prescribed term, the market supervision authority may perform the obligation with the means and in accordance with the procedure provided for in the Substitutive Enforcement and Penalty Payment Act. (3) The market supervision authority does not have the right to disclose the business secrets of economic operators obtained upon implementation of this Act, except for the information concerning the characteristics of a product, whose disclosure is justified by the need to ensure safety. (4) The Public Information Act, taking into account the exceptions laid down in this Act, applies to publication of information. § 56. Specifics of state supervision [RT I, 13.03.2014, 4 – entry into force 01.07.2014] (1) On the conditions set out in § 50 of the Law Enforcement Act, the market supervision authority may enter the premises where a product is made, stored or offered for sale. (2) The market supervision authority has the right to: Page 20 / 23 Product Conformity Act  1) where a product may pose a risk on certain conditions, demand that it be labelled with clear warnings in Estonian about the risks that the product may cause or establish prior conditions to placing the product on the market, which ensure safety; 2) where a product that may pose a risk to certain persons, demand that these persons are warned of the risk in a suitable manner and at a suitable time, including by publishing separate warnings; 3) where a product may be dangerous, demand the temporary withdrawal of the product from the market or prohibit the presentation of the product for a period that is necessary for assessment and checking of its safety; 4) prohibit the placing of a product on the market and take measures that ensure compliance with the prohibition; 5) demand and organise the immediate withdrawal of a dangerous product from the market; 6) demand, coordinate and organise jointly with economic operators the recall of a dangerous product from consumers and, where necessary, the destruction of the product. A product must be recalled from consumers where other measures are insufficient. (3) The market supervision authority has the right to take the measures specified in subsection 2 of this section also where a product complies with § 6 of this Act, but the market supervision authority has evidence that the product is dangerous. (4) [Repealed – RT I, 23.05.2020, 1 – entry into force 24.05.2020] (5) In the event of a serious risk the Tax and Customs Board, with the approval of the appropriate market supervision authority, has the right to prohibit making the product available on the market or exporting the product. (6) Upon taking market supervision measures, the market supervision authority follows the appropriate rules of procedure arising from EU harmonisation legislation. (7) The market supervision authority has the right to obtain samples of products placed on the market from economic operators free of charge for the purpose of checking their safety or conformity and, where necessary, commission an expert assessment in order to identify the safety or conformity of products. The market supervision authority bears the expenses of the expert assessment. Where it is established that the product is not safe or does not conform to the requirements, the economic operator pays the documented costs of the expert assessment. [RT I, 13.03.2014, 4 – entry into force 01.07.2014] § 57. Notifying European Commission of restrictions on placing products on market (1) Where the restrictions listed in subsection 2 of § 56 of this Act are imposed on placing products on the market, and where the market supervision authority imposes or intends to impose, due to a direct threat arising from a product, any recommended, agreed or mandatory measures with respect to the manufacturers or distributors of the product whereby specific conditions are prescribed for the possible placing on the market or use of the product, the relevant market supervision authority must, to the extent that such notification is not required under some other legislation, inform the European Commission of the restrictions. [RT I, 13.03.2014, 4 – entry into force 01.07.2014] (2) The reasons for imposing the restrictions are specified upon notification. Notice is also given of any amendment to or repeal of such restrictions. (3) Where it can be presumed that the effects of the risk arising from a product do not or cannot go beyond the territory of Estonia, notice is given only of the restrictions concerned insofar as they involve information likely to be of interest to the Member States of the European Union from the product safety standpoint, and in particular where they are in response to a new risk which has not yet been reported in other notifications. (4) The procedure for informing the European Commission of restrictions imposed on placing products on the market is established by a regulation of the Government of the Republic. § 58. Specifics of issuing precepts and maximum penalty payment (1) Before a precept is issued for the withdrawal from the market of products or recall of products from consumers, or before the taking of a corresponding step, the economic operator is given the opportunity to submit objections. No opportunity to submit objections has to be given to the economic operator where the market supervision authority is obligated to take measures without delay. (2) Where an economic operator is not given the opportunity to submit objections before a precept is issued for the withdrawal from the market of products or recall of products from consumers or before a corresponding step is taken due to the fact that the market supervision authority had to take measures without delay, the opinion of the economic operator is obtained after the precept is issued or the step is taken. Product Conformity Act Page 21 / 23  (3) In a precept issued for the withdrawal from the market of products or recall of products from consumers, and upon the performance of corresponding acts, the distributors, users and consumers are encouraged to participate in taking the relevant measures. (4) The filing of an intra-authority appeal against a precept or step does not release the economic operator of the obligation to comply with the precept. (5) In the event of failure to comply with a precept the maximum penalty payment imposed in accordance with the procedure provided for in the Substitutive Enforcement and Coercive Payment Act is 10 000 euros. [RT I 2010, 31, 158 – entered into force 01.01.2011] Chapter 7 LIABILITY § 59. Violation of conditions of placing products and making products available on market (1) The penalty for violation of the conditions of placing a product on the market or making a product available on the market is a fine of up to 300 fine units. (2) The penalty for the same act committed by a legal person is a fine of up to 3200 euros. [RT I 2010, 31, 158 – entered into force 01.01.2011] § 60. Failure to give notice of risks arising from products (1) The penalty for failure to give notice of risks arising from products already placed on the market is a fine of up to 200 fine units. (2) The penalty for the same act committed by a legal person is a fine of up to 2000 euros. [RT I 2010, 31, 158 – entered into force 01.01.2011] § 61. Misuse of conformity markings (1) The penalty for the misuse of a conformity marking is a fine of up to 200 fine units. (2) The penalty for the same act committed by a legal person is a fine of up to 3200 euros. [RT I 2010, 31, 158 – entered into force 01.01.2011] § 62. Proceedings The out-of-court proceedings authorities regarding the misdemeanours provided for in this Chapter are, within the limits of their competence, the Consumer Protection and Technical Regulatory Authority, the Health Authority, the Transport Administration, the Agriculture and Food Authority and the Environment Authority. [RT I, 10.12.2020, 1 – entry into force 01.01.2021] Chapter 8 IMPLEMENTING PROVISION § 63. Entry into force of Act This Act enters into force at the time and in accordance with the procedure provided for in the Product Conformity Act Implementation Act. 1 Council Directive 87/357/EEC on the approximation of the laws of the Member States concerning products which, appearing to be other than they are, endanger the health or safety of consumers (OJ L 192, 11.07.1987, pp 49–50); Directive 2000/14/EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to the noise emission in the environment by equipment for use outdoors (OJ L 162, 03.07.2000, pp 1–78); Directive 2001/95/EC of the European Parliament and of the Council on general product safety (OJ L 11, 15.01.2002, pp 4–17); Directive 2006/42/EC of the European Parliament and of the Council on machinery, and amending Directive 95/16/EC (OJ L 157, 09.06.2006, pp 24–86), amended by Regulations (EC) 596/2009 (OJ L 188, 18.07.2009, pp 14–92), (EU) 167/2013 (OJ L 60, 02.03.2013, pp 1–51) and (EU) 2019/1243 (OJ L 198, 25.07.2019, pp 241–344) and Directives 2009/127/EC (OJ L 310, 25.11.2009, pp 29–33) and 2014/33/EU (OJ L 96, 29.03.2014, pp 251–308); Decision No 768/2008/EC of the European Parliament and of the Council on a common framework for the marketing of products, and repealing Council Decision 93/465/EEC (OJ L 218, 13.08.2008, pp 82–128); Directive 2009/48/EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys (OJ L 170, 30.06.2009, pp 1–37), amended by Directives 2012/7/EU (OJ L 64, 03.03.2012, pp 7–8), 2014/79/EU (OJ L 182, 21.06.2014, pp 49–51), 2014/81/EU (OJ L 183, 24.06.2014, pp 49–51), 2014/84/EU (OJ L 192, 01.07.2014, pp 49–51), (EU) 2015/2115 (OJ L 306, 24.11.2015, pp 17–19), (EU) 2015/2116 (OJ L 306, 24.11.2015, pp 20–22), (EU) 2015/2117 (OJ Page 22 / 23 Product Conformity Act L 306, 24.11.2015, pp 23–25), (EU) 2017/738 (OJ L 110, 27.03.2017, pp 6–8), (EU) 2017/774 (OJ L 115, 04.05.2017, pp 47–49), (EU) 2017/898 (OJ L 138, 25.05.2017, pp 128–130) and (EU) 2018/725 (OJ L 122, 17.05.2018, pp 29–31) and Regulation (EU) 681/2013 (OJ L 195, 18.07.2013, pp 16); Directive 2009/125/EC of the European Parliament and of the Council establishing a framework for the setting of ecodesign requirements for energy-related products (OJ L 285, 31.10.2009, pp 10–35), amended by Directive 2012/27/EU (OJ L 315, 14.11.2012, pp 1–56); Directive 2010/35/EU of the European Parliament and of the Council on transportable pressure equipment and repealing Council Directives 76/767/EEC, 84/525/EEC, 84/526/EEC, 84/527/EEC and 1999/36/EC (OJ L 165, 30.06.2010, pp 1–18); Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (OJ L 174, 01.07.2011, pp 88–110), amended by Directives 2012/50/EU (OJ L 348, 18.12.2012, pp 16–17), 2012/51/EU (OJ L 348, 18.12.2012, pp 18–19), 2014/1/EU (OJ L 4, 09.01.2014, pp 45– 46), 2014/2/EU (OJ L 4, 09.01.2014, pp 47–48), 2014/3/EU (OJ L 4, 09.01.2014, pp 49–50), 2014/4/EU (OJ L 4, 09.01.2014, pp 51–52), 2014/5/EU (OJ L 4, 09.01.2014, pp 53–54), 2014/6/EU (OJ L 4, 09.01.2014, pp 55– 56), 2014/7/EU (OJ L 4, 09.01.2014, pp 57–58), 2014/8/EU (OJ L 4, 09.01.2014, pp 59–60), 2014/9/EU (OJ L 4, 09.01.2014, pp 61–62), 2014/10/EU (OJ L 4, 09.01.2014, pp 63–64), 2014/11/EU (OJ L 4, 09.01.2014, pp 65–66), 2014/12/EU (OJ L 4, 09.01.2014, pp 67–68), 2014/13/EU (OJ L 4, 09.01.2014, pp 69–70), 2014/14/ EU (OJ L 4, 09.01.2014, pp 71–72), 2014/15/EU (OJ L 4, 09.01.2014, pp 73–74), 2014/16/EU (OJ L 4, 09.01.2014, pp 75–76), 2014/69/EU (OJ L 148, 20.05.2014, pp 72–73), 2014/70/EU (OJ L 148, 20.05.2014, pp 74–75), 2014/71/EU (OJ L 148, 20.05.2014, pp 76–77), 2014/72/EU (OJ L 148, 20.05.2014, pp 78–79), 2014/73/EU (OJ L 148, 20.05.2014, pp 80–81), 2014/74/EU (OJ L 148, 20.05.2014, pp 82–83), 2014/75/EU (OJ L 148, 20.05.2014, pp 84–85), 2014/76/EL (OJ L 148, 20.05.2014, pp 86–87), (EU) 2015/573 (OJ L 94, 10.04.2015, pp 4–5), (EU) 2015/574 (OJ L 94, 10.04.2015, pp 6–7), (EU) 2015/863 (OJ L 137, 04.06.2015, pp 10–12), (EU) 2016/585 (OJ L 101, 16.04.2016, pp 12–14), (EU) 2016/1028 (OJ L 168, 25.06.2016, pp 13– 14), (EU) 2016/1029 (OJ L 168, 25.06.2016, pp 15–16), (EU) 2017/1009 (OJ L 153, 16.06.2017, pp 21–22), (EU) 2017/1010 (OJ L 153, 16.06.2017, pp 23–24), (EU) 2017/1011 (OJ L 153, 16.06.2017, pp 25–26), (EU) 2017/1975 (OJ L 281, 31.10.2017, pp 29–31), (EU) 2017/2102 (OJ L 305, 21.11.2017, pp 8–11), (EU) 2018/736 (OJ L 123, 18.05.2018, pp 94–96), (EU) 2018/737 (OJ L 123, 18.05.2018, pp 97–99), (EU) 2018/738 (OJ L 123, 18.05.2018, pp 100–102), (EU) 2018/739 (OJ L 123, 18.05.2018, pp 103–105), (EU) 2018/740 (OJ L 123, 18.05.2018, pp 106–108), (EU) 2018/741 (OJ L 123, 18.05.2018, pp 109–111), (EU) 2018/742 (OJ L 123, 18.05.2018, pp 112–114), (EU) 2019/169 (OJ L 33, 05.02.2019, pp 5–7), (EU) 2019/170 (OJ L 33, 05.02.2019, pp 8–10), (EU) 2019/171 (OJ L 33, 05.02.2019, pp 11–13), (EU) 2019/172 (OJ L 33, 05.02.2019, pp 14– 16), (EU) 2019/173 (OJ L 33, 05.02.2019, pp 17–19), (EU) 2019/174 (OJ L 33, 05.02.2019, pp 20–22), (EU) 2019/175 (OJ L 33, 05.02.2019, pp 23–25), (EU) 2019/176 (OJ L 33, 05.02.2019, pp 26–28), (EU) 2019/177 (OJ L 33, 05.02.2019, pp 29–31), (EU) 2019/178 (OJ L 33, 05.02.2019, pp 32–34), (EU) 2019/1845 (OJ L 283, 05.11.2019, pp 38–40) and (EU) 2019/1846 (OJ L 283, 05.11.2019, pp 41–43); Directive 2013/29/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market of pyrotechnic articles (OJ L 178, 28.06.2013, pp 27–65); Directive 2013/53/ EU of the European Parliament and of the Council on recreational craft and personal watercraft and repealing Directive 94/25/EC (OJ L 354, 28.12.2013, pp 90–131); Directive 2014/28/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market and supervision of explosives for civil uses (OJ L 96, 29.03.2014, pp 1–44); Directive 2014/29/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market of simple pressure vessels (OJ L 96, 29.03.2014, pp 45–78); Directive 2014/30/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to electromagnetic compatibility (OJ L 96, 29.03.2014, pp 79–106); Directive 2014/31/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market of non-automatic weighing instruments (OJ L 96, 29.03.2014, pp 107–148); Directive 2014/32/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market of measuring instruments (OJ L 96, 29.03.2014, pp 149–250); Directive 2014/33/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to lifts and safety components for lifts (OJ L 96, 29.03.2014, pp 251– 308); Directive 2014/34/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to equipment and protective systems intended for use in potentially explosive atmospheres (OJ L 96, 29.03.2014, pp 309–356); Directive 2014/35/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market of electrical equipment designed for use within certain voltage limits (OJ L 96, 29.03.2014, pp 357–374); Directive 2014/53/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC (OJ L 153, 22.05.2014, pp 62–106); Directive 2014/68/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market of pressure equipment (OJ L 189, 27.06.2014, pp 164–259); Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (OJ L 241, 17.09.2015, pp 1–15). [RT I, 23.05.2020, 1 - entry into force 24.05.2020] Product Conformity Act Page 23 / 23 29.6.2021 Building Code – Riigi Teataja Issuer: Riigikogu Type: act In force from: 01.03.2021 In force until: In force Translation published: 26.02.2021 Building Code1 Passed 11.02.2015 RT I, 05.03.2015, 1 Entry into force 01.07.2015 Part 1 GENERAL PART Chapter 1 General Provisions § 1. Aim of this Code The aim of this Code is to promote sustainable development and to ensure the safety, purposeful functionality and usability of the built environment. § 2. Scope of application of this Code (1) This Code applies to construction works, their design, building, use and maintenance insofar as this is not governed by other Acts, ratified international treaties or EU legislation. This Code also applies in the territorial sea and the exclusive economic zone. (2) This Code does not apply to building work that is carried out forthwith due to an unavoidable and urgent need arising in connection with a rescue event, with countering and eliminating a threat and with alleviating the consequences of a rescue event. (3) This Code does not apply to extraction of mineral resources, unless the law governing the extraction of mineral resources provides otherwise. (31) Unless otherwise provided in the Land Improvement Act, this Code does not apply to the building of land improvement systems. [RT I, 31.05.2018, 3 – entry into force 01.01.2019] (4) Provisions of the Administrative Procedure Act apply to the administrative procedure provided by this Code without prejudice to any special rules established by this Code. (5) This Code applies to construction works that serve national defence purposes, to construction works of security authorities and to infrastructure at the national border, as well as to the design, building, use and upkeep of such construction works and infrastructure insofar as this does not contravene the State Secrets and Classified Information of Foreign States Act. This Code does not apply to the building of temporary construction works in the course of training events of the Defence Forces and of the Defence League. [RT 01.02.2019, 3 – entry into force 11.02.2019] (6) Provisions of the Environmental Impact Assessment and Environmental Management System Act apply to the assessment of environmental impact of building work. Where possible, the procedures of environmental impact assessment are combined with the procedures established in this Code. In that case, the requirements established for both procedures must be met. § 3. Construction work (1) ‘Construction work’ means a structure that is created as a result of human action and that is attached to or supported by the ground underneath and whose purpose of use, aim, manner of use or durability make it distinguishable from other structures. (2) A construction work is either a building or a civil engineering work. A building is a construction work that has an interior space that is separated from the external environment by the roof and other parts of the building envelope. A civil engineering work is any construction work other than a building. (3) A complex structure that forms a functional whole and that may be composed of civil engineering works as well as of buildings may be regarded as a single construction work for the purposes of the notification and permit procedures established in this Code. (4) ‘Temporary construction work’ means a construction work which is built for a period of time that is shorter than five years and which is demolished after that period elapses. (5) The minister responsible for the area makes regulations to establish the list of technical specifications concerning construction works and the principles of calculating these specifications, including the area occupied by the construction work and its height and depth. § 4. Building work (1) ‘Building work [in this translation, also ‘the building of’]’ means the erection, construction, installation and demolition of a construction work and any other operations in relation to the construction work that lead to the creation of that construction work or to a change in its physical properties. ‘Building work’ also means the shifting of soil or paving layers to a degree that has a significant and permanent impact on the surrounding environment and is functionally related to the construction work. (2) ‘Adding an extension to a construction work’ means building work in the course of which an existing construction work is modified by the building of an annex adjoining, abutting, overlying or underlying the construction work. https://www.riigiteataja.ee/en/eli/ee/526022021001/consolide/current 1/37 29.6.2021 Building Code – Riigi Teataja (3) ‘Remodelling – i.e., renovation – of a construction work’ means building work in the course of which the properties of the existing construction work are significantly altered. Replacement of specific elements of an existing construction work with equivalent elements is not regarded as remodelling. The remodelling of a construction work means, first and foremost, building work in the course of which: 1) the building's envelope elements are altered; 2) the building's loadbearing or stiffening elements are altered or replaced; 3) a utility system is installed, modified or demolished, which alters the properties of the construction work, including its external appearance; 4) the working parameters of the construction work or the technology used are significantly altered; 5) the construction work is brought into conformity with the requirements corresponding to its purpose of use; 6) a construction work that has been partially or completely destroyed is restored. (4) ‘Demolition of a construction work’ means building work in the course of which a construction work is partially or completely removed or dismantled. If the aim of demolition is to build, on the site of the demolished construction work, a new construction work that essentially resembles the construction work that was demolished, this may be regarded as remodelling – i.e., restoration – of the construction work. If the aim of demolition is to build, on the site of the demolished construction work, an essentially new construction work, this is regarded as the demolition of one construction work and the building—i.e., erection or construction—of another. The new construction work is deemed to essentially resemble the previous construction work if its purpose of use, architectural design and volume remain unchanged. (5) ‘Utility system’ means a set of equipment, installations or utility lines that are required for the functioning and use of the construction work and for ensuring its safety, including all structural elements required for the functioning of such equipment, installations or lines. § 5. Building design documentation ‘Building design documentation’ means a document or set of documents that is drawn up in the course of designing the construction work and that contains the information necessary to build the construction work. Where relevant, the building design documentation also reflects the information necessary for the use and maintenance of the construction work. § 6. Maintenance of construction works The maintenance (upkeep) of a construction work encompasses operations whose purpose is to preserve the state in which the construction work retains its functionality and usability and corresponds to the conditions that must be fulfilled in order for the construction work to comply with its designed purpose, or to restore the construction work to such a state. § 61. Area of interest For the purposes of this Code, ‘area of interest’ means an area defined by the network operator in which the operator’s civil engineering works are located. [RT I, 15.12.2016, 1 – entry into force 01.01.2017] Chapter 2 Principles and Principal Requirements Division 1 Principles § 7. Good practice Construction works must be designed, built and maintained according to good practice. Good practice must also be observed in pursuing any other actions or operations regulated by this Code. § 8. Principle of safety Construction works, building work, the use of construction works and any other operations related to building work must be safe. Construction works, building work, the use of construction works and any other operations related to building work are safe if they do not pose a danger to humans, property or the environment. The safety of construction works and building work encompasses the protection of natural and cultural objects of value and, where relevant, also the life and health of animals. § 9. Principle of environmental soundness Construction works, building work and the use of construction works must be as environmentally sound as possible; this principle also includes the requirement of sparing use of natural resources in the course of building work. § 10. Principle of professionalism (1) The principle of professionalism requires natural and legal persons to exercise due diligence in order to ensure that their actions are safe, comply with established requirements and lead to a result that conforms to the requirements. The prerequisites of professionalism are knowledge and skills that correspond to the specific character of the operations. (2) The principle of professionalism requires natural and legal persons pursuing an economic or professional activity to comply with the duty to give explanations. The duty to give explanations extends to giving information in relation to matters connected to the activity as well as informing the parties concerned of facts which affect the safety of the construction work, its conformity to established requirements and its purpose of use. (3) The principle of professionalism requires natural or legal persons pursuing an economic or professional activity to cooperate with other persons involved in the preparation of the building design documentation and in the building work in order to ensure that building work is performed in a rational manner, the different parts of the building design documentation form a coherent whole, and all elements of the construction work function coherently in combination. Division 2 https://www.riigiteataja.ee/en/eli/ee/526022021001/consolide/current 2/37 29.6.2021 Building Code – Riigi Teataja Principal Requirements for Constructions Works and Building Work § 11. Requirements for construction works (1) Construction works must comply with the requirements for their use throughout their entire useful life, and must remain safe throughout their entire existence. (2) Where relevant, the requirements for construction works encompass: 1) mechanical durability and stability; 2) fire safety; 3) hygiene, health and the environment; 4) safety of use and access, including the needs of evacuation and rescue of people from the construction work and an operational map; 5) protection from noise; 6) energy conservation and energy efficiency; 7) sparing use of natural resources; 8) special needs of disabled people; 9) the functionality of a construction work, its functional coherence and compatibility; 10) requirements arising from the purpose of use and from use of the construction work—i.e., requirements concerning the state of the construction work, including maintenance requirements; 11) the marking of the construction work and its location. (3) The requirements for construction works are defined in accordance with the essential requirements established in Annex I of Regulation (EU) 305/2011 of the European Parliament and of the Council laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC (OJ L 88, 04.04.2011, pp. 5‒43). (4) The minister responsible for the area may make regulations to specify the requirements for construction works. § 12. Requirements for building work (1) Building work must be carried out according to building design documentation and in conformity with the requirements for construction works and with the requirements for building work. (2) A construction work that is being built and, where relevant, also the corresponding building work, must conform to the restrictions and spatial plans rendered operative by the location of the construction work. In the absence of a detailed spatial plan, the construction work that is being built must conform to the comprehensive plan and, where the obligation to obtain design specifications applies, to the design specifications. In the situations provided for in the Planning Act, the construction work that is being built must conform to the national or local special spatial plan. (3) While carrying out building work, the rights of the persons affected by the building work must be taken into consideration and steps must be taken to avoid excessive harm to such rights. (4) The properties of the products used in carrying out building work must be such that make it possible for the construction work to comply with the requirements during a reasonable period of time; this includes the obligation to ensure, when natural building materials which have not been processed industrially, or native construction products manufactured in a traditional way, or recovered construction products are incorporated in the construction work in a permanent manner, that construction works comply with the requirements. The requirements for construction products are provided in Regulation (EU) 305/2011 of the European Parliament and of the Council, and in the Product Conformity Act and the legislation enacted under that Act. (5) The minister responsible for the area may make regulations to establish requirements for building work. § 13. Requirements for building design documentation (1) Building design documentation must be such that the construction work built according to that documentation complies with the requirements; this includes taking into account the suitability and usability of the construction work and its need for maintenance. (2) Building design documentation must be such that it is possible to build according to that documentation, to check the conformity of the construction work and of building work to the requirements and, where relevant, also to use and maintain the construction work. (3) The minister responsible for the area makes regulations to establish the requirements for building design documentation. § 14. Preparation and verification of building design documentation (1) The following must be taken into account when preparing building design documentation: 1) the requirements established for the construction work, including special requirements arising from its purpose of use; 2) relevant risk analyses and other facts pertaining to the location of the construction work; 3) the spatial plan or design specifications where they exist or where their existence is mandatory; 4) restrictions arising from public law in relation to the location of the construction work; 5) requirements of the building process. (2) Where necessary, site investigations must be conducted in order to obtain important technical information required for the preparation of the building design documentation. Site investigations may also include the determination of the impact of the construction work and of building work on other construction works. The results of site investigations must be filed with the register of construction works and, in the situations provided for in legislation, to other databases or administrative bodies. The results of site investigations should be preferably filed in an electronic form. (3) Before the commencement of building work, the conformity to the requirements of the building design documentation according to which the building work is to be carried out must be verified by a competent person who is independent of the person who prepared the building design documentation and who performs an expert assessment if: 1) the planned construction work is complicated in terms of its engineering or for other reasons possesses an increased threat potential or 2) the authority performing construction supervision has reasonable doubts as to the conformity of the building design documentation https://www.riigiteataja.ee/en/eli/ee/526022021001/consolide/current 3/37 29.6.2021 Building Code – Riigi Teataja to the requirements, such as when the building design documentation has not been prepared by a person who meets the relevant qualification requirements. (4) The minister responsible for the area makes regulations to establish: 1) the requirements for the expert assessment of building design documentation, including specific criteria for identifying construction works whose building design documentation must be subjected to expert assessment; 2) the requirements for site investigations, including the requirements for the formalization of the results of such investigations and for the filing of these. § 15. Documentation of building work (1) Where this is provided for in legislation, building work must be documented. Building work must always be documented if a building permit is required for carrying out such work. Building work is documented by the person who performs it. (2) The documents that characterize building work (hereinafter, 'building documentation') must provide information on the construction work and on the building work performed that is relevant for using the construction work and for verifying the conformity of the construction work to the requirements, including information regarding the construction products and materials used. The building documentation must contain information that permits identification of the person responsible for the building work performed. (3) Building documentation primarily consists of: 1) as-built drawings; 2) a journal of building operations; 3) reports of covered work; 4) minutes of work meetings; 5) other documents that characterize building work, including equipment setup and testing logs and installation, maintenance and use manuals. (4) Building documentation must be handed over to the register of construction works, to the local authority or another competent authority designated by legislation. The documents should be preferably handed over in an electronic form. (5) The minister responsible for the area makes regulations to establish: 1) the requirements for the documentation of building work; 2) the requirements for the preservation and handing over of building documentation, specifying the documents that must be handed over. § 16. Requirements for the use and maintenance of construction works (1) During the existence of the construction work, its safe condition and, where relevant, good upkeep must be ensured. (2) The construction work must be used prudently and according to its purpose of use. During the time of use of the construction work, the professional maintenance required for the continued stability and safe use of the construction work must be ensured. (3) The requirements for the use and maintenance of a construction work emanate from good practice, legislation or from the instructions on use and maintenance (hereinafter, 'maintenance instructions') drawn up in respect of the construction work. (4) The minister responsible for the area may make regulations to establish requirements concerning the maintenance of construction works. § 17. Maintenance instructions (1) Maintenance instructions contain the use and maintenance requirements prescribed by the manufacturer of the material, equipment or product incorporated in the construction work, taking into account the particular characteriztics of the use of the construction work. Maintenance instructions may also contain information regarding the mandatory or voluntary nature of the audit of the construction work and any other information required for the maintenance of the construction work. (2) Maintenance instructions are prepared by the person who designed or built the construction work or by another competent person. Where modifications are made to the construction work, the maintenance instructions must be amended if necessary. (3) Unless otherwise provided in legislation, the existence of maintenance instructions is not mandatory. The existence of maintenance instructions or the compliance with the requirements and performance of operations specified in such instructions does not preclude the responsibility of the owner in relation to any dangers arising from the construction work. (4) Maintenance instructions must be electronically transmitted to the register of construction works and, in the situations provided for in legislation, also to other registers or competent authorities. (5) The minister responsible for the area may make regulations to establish requirements concerning maintenance instructions, their preservation and presentation, and may also specify the cases in which the existence of maintenance instructions is required. § 18. The audit of construction works (1) The aim of the audit of a construction work is to prove that the construction work conforms to the requirements and that it is safe to use the construction work for its intended purpose and in the intended manner, or to provide another assessment concerning the construction work. Audits of construction works fall into pre-use, regular and extraordinary audits. (2) Where this is provided in legislation, a pre-use audit of the construction work must be performed prior to commencement of the use of the construction work and a regular or extraordinary audit must be performed in the specified instances when the construction work is in use. (3) The person who performs the audit of a construction work must be competent and independent and ensure the uniformity and reliability of the auditing process. (4) The person who performs the audit of a construction work may not be connected to the owner, designer or builder of the construction work, to the manufacturer of a construction product incorporated into the construction work, to the importer or distributor of such a product and to the person who installed the product in a degree that would cast doubt on the independence and impartiality of the performer of the audit. https://www.riigiteataja.ee/en/eli/ee/526022021001/consolide/current 4/37 29.6.2021 Building Code – Riigi Teataja (5) The minister responsible for the area makes regulations to establish the requirements for the audit of a construction work, the methods of the audit, and the instances and frequency of regular and extraordinary audits. Division 3 Obligations of persons operating in the field of building work § 19. Obligations of the owner (1) The owner must ensure the conformity of the construction work, of building work and of the use of the construction work to the requirements arising from legislation; amongst other things, the owner must ensure: 1) the conformity of the construction work to spatial plans or to design specifications; 2) the existence of permits required for building work and for the use and occupancy of the construction work and the making of the required notifications and notices; 3) that any work which is performed directly at the owner's instruction and which is governed by this Code is performed by a person possessing sufficient skills and knowledge (hereinafter, 'qualifications') that correspond to the specific character of the work; 4) the maintenance and safety of use of the construction work; 5) owner supervision in the situations provided for by law. (2) If the owner performs the building work or prepares the building design documentation himself or herself or performs other work governed by this Code, they must observe the principle of professionalism and ensure the conformity of the work to the requirements; where relevant, this includes the duty to document the building work. § 20. Owner supervision of construction works (1) The owner of the construction work ensures that professional supervision (hereinafter, 'owner supervision') is performed over any building work carried out on the construction work. Owner supervision over a construction work subject to building permit requirement may only be performed by a person who meets the qualification requirements. (2) A person performing owner supervision may not, as part of their economic activity, be connected to the builder of the construction work or to the persons whose work they are to supervise. (3) Where the person performing owner supervision lacks the skills or knowledge to perform supervision over certain operations, a competent person is instructed to perform supervision over such operations. Responsibility for the actions of the instructed person lies with the party who instructed them. (4) The performance of owner supervision does not preclude or restrict the contractor's responsibility under the contract for services. (5) The minister responsible for the area makes regulations to establish the rules for performing owner supervision. § 21. Obligations of undertakings (1) A person who operates in the field of building work as part of its economic activity (hereinafter, 'undertaking') must in its actions observe the principles and requirements provided by laws; amongst other things, the undertaking must: 1) observe the principle of professionalism and ensure that the persons operating under its responsibility possess sufficient qualifications and that each particular project or site is assigned a competent person in charge of that project or site; 2) ensure that the operations performed under its responsibility and governed by this Code are documented according to the requirements and that the documents are handed over to the competent authority following established procedure; 3) comply with the requirements established in the General Part of the Economic Activities Code Act; this includes the requirements established with regard to service providers. (2) An undertaking assumes responsibility for the actions of persons who act in the undertaking's interests if the undertaking uses such persons to perform its obligations and the actions of the persons acting in the undertaking's interests are connected to the performance of such obligation. (3) The obligations that this Code provides for undertakings do not affect the undertaking's contractual obligations or any other obligations that the undertaking may have under the Law of Obligations Act. In the event of a conflict between a contractual obligation and an obligation arising from this Code, the obligation arising from this Code takes precedence. § 22. Competence of undertakings (1) The undertaking must have the competence to perform any work it undertakes in a professional manner. The undertaking may not provide misleading information regarding its competence and may not perform work that it is not competent to perform. (2) The competence of the undertaking corresponds to the qualifications of the persons acting in the undertaking's interests and under the undertaking's responsibility. (3) The undertaking ensures that it is possible for the competent person to do their work with the due diligence that corresponds to the specific character of the work. (4) The competent authority issuing building permits or the agency performing construction supervision may prohibit or suspend building work or refuse to issue the building permit until a sufficiently qualified person is appointed to manage the building work or to scrutinise the building design documentation, provided the lack of competence would have precluded a professional performance of the work and given rise to danger. § 23. Competent person (1) A competent person performs, scrutinises or manages work independently in an area of activity related to their competence and assumes responsibility for such work, files technical opinions in their own name or, when acting in the interests of an undertaking, in the name of the undertaking, and, where necessary, arranges the allocation of resources and organizes the work of others. (2) A person is competent if they hold a qualification that corresponds to the specific character of the work. It is prohibited to provide misleading information regarding one’s qualifications and to perform work that one is not qualified to perform. (3) A competent person performs their tasks professionally and with the due diligence that corresponds to the specific character of the work; amongst other things, a competent person may not act as the competent person for several undertakings or be in charge of https://www.riigiteataja.ee/en/eli/ee/526022021001/consolide/current 5/37 29.6.2021 Building Code – Riigi Teataja several sites if the resulting workload would not permit the competent person to perform their tasks as required. (4) A person who holds a professional certificate or a certificate of competency is deemed to be qualified to perform any work covered by the certificate. (5) In the situations provided for and in relation to the areas of activity specified in this Code, the qualification of the competent person must be certified. (6) If this Code does not provide the qualification requirements for operating in a specific area of activity, including the manner of proving one's qualification, the suitability of the person's qualification is assessed first and foremost, if the person operates as an undertaking, by the owner of the construction work or by the party commissioning the person’s services and, if the person is an employee or a subcontractor of an undertaking, the undertaking. (7) The minister responsible for the area may make regulations to establish recommended requirements for areas of activity in the field of building work. § 24. Requirements for certain areas of activity (1) In the situations listed in this section, the undertaking and the competent person may provide their services and operate in the field of building work as part of their economic activity if the qualification of the competent person who acts in the interests and under the responsibility of the undertaking is proved by means of a professional certificate issued on the basis of the relevant education and work experience in accordance with the Professions Act or by means of a certificate of competency issued under other legislation. (2) The qualification of a competent person must be proved in the following areas of activity: 1) the building of construction works subject to building permit requirement; 2) preparation of building design documentation of construction works subject to building permit requirement; 3) the performance of owner supervision; 4) the issuing of energy performance certificates; 5) the performance of energy audits; 6) the performance of site investigations; 7) the performance of expert assessment of building design documentation; 8) the auditing of construction works; 9) construction and installation of heating appliances that use solid fuel and of chimneys and flue vent connectors; 10) chimney sweeping; 11) the performance of road safety audits; 12) the maintenance of public roads; 13) the preparation of design documentation concerning traffic arrangements; (3) If the person has acquired the qualification corresponding to the specific character of the work in a foreign state, they are not required to prove their qualification by means of a professional certificate issued in accordance with the Professions Act or of a certificate of competency issued under other legislation. The correspondence of the qualification acquired in a foreign state to the requirements provided in this Code is assessed and certified, in accordance with the Recognition of Foreign Professional Qualifications Act, by: 1) the Consumer Protection and Technical Regulatory Authority; 2) the Transport Administration in the field of road building and in the area of activity of road safety audits; 3) the Rescue Board in the areas of activity listed in clauses 9 and 10 of subsection 2 of this section. (31) In the area of activity set out in clause 2 of subsection 2 of this section, ‘competent person’ also means an architect who has acquired their professional qualification in a member state of the European Economic Area or in the Swiss Confederation, which is proved by a document referred to in paragraphs 3–5 of Article 23, in Article 49 and in Annexes V and VI of Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ L 255, 30.09.2005, pp. 22–142). [RT I, 10.07.2020, 3 – entry into force 15.07.2020] (4) The minister responsible for the area makes regulations to establish detailed divisions of the areas of activity listed in subsection 2 of this section and the specific qualification requirements corresponding to those areas of activity. (5) When establishing qualification requirements under subsection 4 of this section, regard must be had to the need, appropriateness and proportionality of restricting access to the specific area of activity. Mandatory qualification requirements may be established only to the extent that and in the areas of activity where they are justified by a significant public interest. § 25. Notification obligation (1) A notice of economic activities must be filed with the register of economic activities by the undertakings who operate in the following areas of activity: 1) the building of construction works subject to building permit requirement, except where the work of the competent person of the undertaking does not involve managing and arranging the work of others; 2) the designing of construction works subject to building permit requirement; 3) the performance of owner supervision; 4) the performance of site investigations; 5) the performance of expert assessment of building design documentation; 6) the auditing of construction works, except where the undertaking is an accreditation body accredited for the auditing of construction works in accordance with Regulation (EC) No. 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No. 339/93 (OJ L 218, 13.08.2008, pp. 30–47). 7) the maintenance of public roads; 8) the preparation of design documentation concerning traffic arrangements. (2) In addition to the information listed in the General Part of the Economic Activities Code Act, the notice of economic activity sets out the specific activity within the area of activity as provided in the regulation enacted under subsection 4 of § 24 of this Code, and the https://www.riigiteataja.ee/en/eli/ee/526022021001/consolide/current 6/37 29.6.2021 Building Code – Riigi Teataja information specified in subsection 2 of § 15 of the General Part of the Economic Activities Code Act with regard to the competent person of the undertaking. (3) The notification of an economic activity is deemed to have been filed when a confirmation by the competent person regarding their legal relationship with the undertaking is recorded in the register of economic activities. A competent person may not, at any time, act as the competent person of more than three undertakings. (4) If the notice mentioned in subsection 1 of § 58 of the General Part of the Economic Activities Code Act is not filed via the Estonian information portal, it is filed together with the consent of the competent person with the Consumer Protection and Technical Regulatory Authority who enters the information included in the notice and the competent person’s consent in the register of economic activities. (5) If the competent person does not file their consent or withdrawal of consent via the Estonian information portal, they file it with the Consumer Protection and Technical Regulatory Authority who enters the consent or withdrawal of consent in the register of economic activities. (6) In the event of severance of the legal relationship between the competent person and the undertaking, the competent person is entitled to withdraw their consent. If the competent person has withdrawn their consent, the undertaking must file with the registrar a notice concerning changes in the general information regarding economic activities in accordance with subsection 5 of § 30 of the General Part of the Economic Activities Code Act. If the competent person who has withdrawn their consent is the only competent person of the undertaking with regard to the specific activity within an area of activity, the undertaking is deemed not to comply with the notification obligation with regard to that specific activity. Chapter 3 Design Specifications § 26. Building design specifications in cases where the preparation of detailed spatial plan is not mandatory (1) Design specifications are required for the preparation of building design documentation of buildings subject to building permit requirement or of civil engineering works of significant public interest (hereinafter, 'significant civil engineering works') in cases where the preparation of a detailed spatial plan is not mandatory. (2) The competent authority issues design specifications: 1) for the erection or creation of buildings or significant civil engineering works; 2) for the expansion of buildings or significant civil engineering works by more than 33 percent of their original volume. (3) When issuing design specifications, consideration must be given to: 1) the environment that has become established around the building or significant civil engineering work, including the types of building characteriztic of the area; 2) the avoidance of breaches of legislation or harm to the rights of persons or to the public interest; 3) the requirements established in the comprehensive plan; 4) special conditions of heritage conservation, if these are required under the Heritage Conservation Act. [RT I, 19.03.2019, 13 – entry into force 01.05.2019] (4) With regard to the building or significant civil engineering work, the design specifications establish, where relevant: 1) its purpose of use; 2) the maximum number permitted to be built in a land area; 3) its location; 4) the maximum ground projection area that the building or significant civil engineering work may occupy; 5) its height and, where relevant, depth; 6) the requirements concerning architectural solution, building work and appearance; 7) the possible location of the construction work required to service the construction works situated in the land or water area; 8) the need for site investigations; 9) the principles for planting vegetation, for street-side maintenance and for traffic arrangements. (5) If it becomes known in the process of issuing design specifications that the determination of design specifications may entail the need to subject a registered immovable or part thereof to acquisition in the public interest, including to compulsory acquisition, or compulsory possession, the competent authority informs the owner of the registered immovable within seven days as of the date on which the need to subject the registered immovable to acquisition in the public interest, including to compulsory acquisition, or to impose compulsory possession on the registered immovable, became apparent. [RT I, 29.06.2018, 1 – entry into force 01.07.2018] § 27. Issuing design specifications in cases where a detailed spatial plan exists (1) Where a detailed spatial plan exists, the competent authority may, if this is warranted by the circumstances, issue design specifications for the preparation of the building design documentation of a building subject to building permit requirement or of a significant civil engineering work if: 1) more than five years have passed since the adoption of the detailed spatial plan; 2) since the adoption of the detailed spatial plan, new important facts have emerged or the area governed by or influenced by the plan has significantly changed, due to which the detailed spatial plan can no longer be fully implemented, or 3) after the adoption of the detailed spatial plan, the relevant legislation has been amended or spatial plans have been adopted that significantly affect the implementation of the detailed spatial plan. (2) When issuing design specifications, consideration must be given to: 1) the environment that has become established around the building or significant civil engineering work, including the types of building characteriztic of the area; 2) the avoidance of breaches of legislation or harm to the rights of persons or to the public interest; 3) the requirements established in the comprehensive plan; 4) special conditions of heritage conservation provided in the detailed spatial plan, if these are required under the Heritage Conservation Act. [RT I, 19.03.2019, 13 – entry into force 01.05.2019] https://www.riigiteataja.ee/en/eli/ee/526022021001/consolide/current 7/37 29.6.2021 Building Code – Riigi Teataja (3) Under subsection 1 of this section, no design specifications may be issued to change the essential character of the planning solution established by the detailed spatial plan, to supplement a detailed spatial plan that amends the comprehensive plan, to issue supplementary criteria for construction works that are to be built in a public water body and that have a permanent connection to the shore or are functionally connected to the shore, or to supplement the national or local special spatial plan. (4) Where relevant, the design specifications specify, in respect of the building or significant civil engineering work, the provision made in the detailed spatial plan regarding: 1) its purpose of use; this includes specifying the proportions of the plot's land use purposes that serve as the basis for the purposes of use of the residential or office building, provided both land use purposes have been previously prescribed in the detailed spatial plan; 2) the definition of the area to be occupied by buildings, including increase, decrease, rotation or movement of the area, but not in excess of 10 percent of the original solution; 3) a change in its height or, if needed, depth, but not in excess of 10 percent of the original solution; 4) the requirements concerning architectural solution, building work and appearance; 5) the possible location of a construction work required to service the construction works situated in the land area; 6) the need for site investigations; 7) the principles for planting vegetation, for streetside maintenance or for traffic arrangements; 8) the types of building allowed in the area governed by the plan; this includes the boundaries of the plots in the area provided the matter of boundaries is connected to the building of a complex of construction works, and provided that the building rights originally granted in the area governed by the plan remain unchanged. (5) If it becomes known in the process of issuing design specifications that the determination of design specifications may entail the need to subject a registered immovable or part thereof to acquisition in the public interest, including to compulsory acquisition, or compulsory possession, the competent authority informs the owner of the registered immovable within seven days as of the date on which the need to subject the registered immovable to acquisition in the public interest, including to compulsory acquisition, or to impose compulsory possession on the registered immovable, became apparent. [RT I, 29.06.2018, 1 – entry into force 01.07.2018] § 28. Competent authority issuing design specifications Design specifications are issued by the local authority unless otherwise provided by law. § 29. Application for design specifications (1) The application for design specifications and the related documents are filed electronically with the competent authority via the register of construction works. Where it is not possible to file these documents via the register of construction works, they are filed with the competent authority and the competent authority enters the relevant information in the register of construction works. (2) The application for design specifications states, first and foremost: 1) the applicant's name, contact information, signature and the date of the filing of the application; 2) the manner of delivery to the applicant of the design specifications; 3) the particulars and cadastral code of the registered immovable on which building work is envisaged; 4) the aim of applying for the design specifications, including the description of the envisaged building or civil engineering work of significant public interest or the manner of building work to be performed and the possible location of the building or civil engineering work on the registered immovable; 5) information regarding payment of the state fee. 6) other requisite information. (3) The minister responsible for the area makes regulations to establish the requirements concerning the form of the application and the form of design specifications and the rules for issuing design specifications. § 30. Checking the application for design specifications and refusal to consider the application When the competent authority receives an application for design specifications, it checks the conformity of the application to the requirements. If it is obvious that the issuing of design specifications is impossible, the competent authority refuses to consider the application and returns it, stating the reasons for the refusal. Above all, consideration of the application is refused and the application is returned if the grounds referred to in subsection 1 of § 26 or subsection 1 of § 27 of this Code are absent. § 31. Procedure for issuing design specifications (1) The competent authority decides whether to employ an open procedure to conduct the proceedings for issuing design specifications. In the situatiob mentioned in § 27 of this Code, open procedure must be employed to conduct the proceedings for issuing design specifications. [RT I, 21.12.2019, 1 – entry into force 01.01.2020] (2) The competent authority draws up proposed design specifications and, primarily by electronic means, arranges the gathering of opinions and the giving of approvals concerning the proposed specifications, and issues the design specifications within 30 days from the filing of the application. If the competent authority decides to conduct open proceedings, the design specifications are issued within 60 days from the filing. The competent authority sets a time limit of up to ten days to give its approval or express an opinion. (3) Where the application is not filed by the owner of the registered immovable named in the application, the competent authority joins that owner to the proceedings and, if necessary, also joins to the proceedings owners of the adjacent registered immovables. (4) Where necessary, the competent authority refers the proposed design specifications: 1) for approval to the authority in whom the law vests competencies that are related to the subject matter of the application for design specifications; 2) for an opinion to the authority or person whose rights or interests may be affected by the construction work or building work envisaged in the application. (5) If observations are filed concerning the proposed design specifications in the course of the giving of approvals and opinions, the competent authority takes appropriate consideration of these observations or states the reasons for not taking them into consideration. https://www.riigiteataja.ee/en/eli/ee/526022021001/consolide/current 8/37 29.6.2021 Building Code – Riigi Teataja (6) If the authority whose approval or the person or authority whose opinion is requested has not, within ten days from receiving the proposed design specifications, refused to give the approval or opinion or applied for an extension of that time limit, the proposed specifications are deemed to have been tacitly approved by the authority or the person or authority is deemed to have declined to express an opinion regarding them, unless otherwise provided by law. § 32. Refusal to issue design specifications The competent authority refuses to issue design specifications if: 1) the drawing up of a spatial plan has been initiated and in connection with that a temporary building ban has been established; 2) the application for design specifications does not conform to the comprehensive plan; 3) the application for design specifications does not meet the criteria established in § 27 of this Code; 4) the application for design specifications does not conform to public-law restrictions provided in legislation or rendered operative by the location of the construction work; 5) the construction work envisaged according to the design specifications may excessively infringe the rights of a third party; 6) the authority named in clause 1 of subsection 4 of § 31 of this Code has refused to approve the proposed design specifications and it is not possible to amend them; 7) the construction work envisaged according to the design specifications entails a significant environmental impact, which cannot be sufficiently avoided or alleviated; 8) in applying for design specifications, knowingly false information has been filed that has an impact on the decision on issuing the design specifications, or 9) the issue of design specifications is desired additionally to the national or local special spatial plan. § 33. Validity of design specifications (1) Design specifications are valid for five years. Where this is warranted by the circumstances, the competent authority may establish a different validity period or modify the validity period of the design specifications issued. (2) The design specifications issued earlier concerning the same subject matter are rendered invalid by the issuing of new design specifications in the matter. § 34. Revocation of design specifications The competent authority may revoke the design specifications if: 1) the possibility of revocation is provided in the design specifications; 2) the data or the spatial plan based on which the design specifications were issued have changed or other requirements for the relevant construction work and building work have changed; 3) a detailed spatial plan has subsequently been established in respect of the relevant registered immovable; 4) a building ban has been established with regard to the registered immovable that is within the subject matter of the application for design specifications; 5) in applying for design specifications, knowingly false information has been filed that had an impact on the decision on issuing the design specifications. Chapter 4 Building Notice and Building Permit Division 1 Building notice § 35. Building notice (1) In the situations provided for in this section, the competent authority must be notified of building work prior to commencement of the work. (2) The building notice is filed with the local authority, unless otherwise provided by law. (3) The filing of a building notice is required regarding the construction works listed in Annex 1 to this Code. (4) Where this is warranted by the circumstances, the competent authority is authorized to demand the filing of a building notice concerning a construction work that is not included in Annex 1 to this Code. When considering whether to demand the filing of such a notice, the danger posed by the construction work and its impact on public space and on the rights of individuals is taken into account and a comparison is made with any similar indications provided in Annex 1 to this Code. (5) Where the building design documentation of a construction work subject to building permit requirement includes construction works whose building is subject to the notification obligation, the building permit functions as the building notice. (6) The minister responsible for the area makes regulations to establish the requirements concerning the form of building notices and the rules for their filing. § 36. Filing a building notice (1) The competent authority is notified of the building of a construction work electronically via the register of construction works. If notification via the register of construction works is not possible, a building notice is filed with the competent authority, who enters the corresponding information in the register of construction works. (2) A building notice must be filed at least ten days before the building of the construction work commences. If, within ten days from the filing of the building notice, the competent authority does not inform the person who filed the building notice of the need for further verification of the information presented in the building notice, building work may commence. (3) A building notice states: 1) the name, contact information and signature of the person filing the notice, the desired manner of the document's delivery and the date of the filing; 2) the particulars and cadastral code of the registered immovable on which building work is to be performed; https://www.riigiteataja.ee/en/eli/ee/526022021001/consolide/current 9/37 29.6.2021 Building Code – Riigi Teataja 3) the aim of filing the notice, including a description of the envisaged construction work and the type of building work, the location of the construction work on the registered immovable and its purpose of use; 4) where the notice concerns a temporary construction work, the period of time envisaged for using the construction work; 5) where required, the energy performance certificate. (4) Where this is mentioned in Annex 1 of this Code, the building notice must be accompanied by the relevant building design documentation. (5) Where needed, the competent authority carries out a verification of whether, in relation to the construction work or building work stated in the building notice, it is necessary: 1) to bring the construction work or building work into compliance with the requirements; 2) to obtain the approval of the competent authority for the construction work or building work; 3) to establish further requirements for the construction work with regard to its architectural or engineering solution or appearance; 4) to join the owner of the registered immovable or owners of adjacent registered immovables to the proceedings. (6) Where the grounds listed in subsection 5 of this section apply, the rules established in relation to building permits are to be observed; this includes the time limit for issuing building permits and the grounds for refusal to issue a building permit. The requirements presented as a result of the verification are issued by the competent authority as an administrative decision. § 37. Commencement of building work based on a building notice The building of a construction work according to a building notice may take place within two years following the filing of the building notice or receipt of further requirements or approval of corresponding building design documentation. Division 2 Building permit § 38. Building permit (1) A building permit grants the right to build the construction work that corresponds to the building design documentation based on which the building permit is issued. (2) A building permit is required where this is mentioned in Annex 1 to this Code. (3) Where this is warranted by the circumstances, the competent authority is authorized to issue a building permit or to demand that a building permit be issued in respect of a construction work not included in Annex 1 to this Code. When considering whether to issue the building permit, the danger posed by the construction work and its impact on public space and on the rights of individuals is taken into account and a comparison is made with the similar indications provided in Annex 1 to this Code. § 39. Authority competent to issue a building permit (1) A building permit is issued by the local authority, unless otherwise provided by law. (2) If the application for a building permit includes construction works that are to be built on the basis of a national special spatial plan, the corresponding building permit is issued by the Consumer Protection and Technical Regulatory Authority, unless otherwise provided by law. (3) If the application for a building permit includes construction works in respect of which the issuing of the building permit is in the competency of the State and of the local authority, the corresponding building permit is issued by the Consumer Protection and Technical Regulatory Authority, unless otherwise provided by law. (4) If the application for a building permit includes construction works in respect of which the issuing of the building permit is in the competency of several government agencies, the corresponding building permit is issued by the Consumer Protection and Technical Regulatory Authority, unless otherwise provided by law. § 40. Application for a building permit (1) The application for a building permit and the related documents are filed with the competent authority electronically via the register of construction works. Where it is not possible to file these documents via the register of construction works, they are filed with the competent authority who enters the information in the register of construction works. (2) The application for a building permit states: 1) the applicant's name, contact information and signature, and the date of the filing; 2) the manner of delivery of the building permit; 3) the particulars and cadastral code of the registered immovable on which building work is to be performed; 4) the aim of applying for the building permit, including the description and purpose of use of the envisaged construction work; 5) where the application concerns a temporary construction work, the period of time envisaged for using the construction work; 6) the particulars of the person who prepared the building design documentation; if the conformity of the building design documentation to the requirements was verified by a competent person who is independent of the person who prepared the building design documentation, also the particulars of that competent person; 7) where required, the energy performance certificate; 8) information regarding payment of the state fee. (3) The application for a building permit must be accompanied by building design documentation that conforms to the requirements. If an expert assessment has been conducted to verify the conformity of the building design documentation to the requirements, the expert assessment report must also be filed. (4) The minister responsible for the area makes regulations to establish the requirements concerning the form of the application for a building permit and of the building permit, and the rules governing the filing of applications for a building permit. § 41. Checking an application for a building permit and refusing to consider the application When the competent authority receives an application for a building permit, it checks the conformity of the application to the requirements. If it is obvious that the issuing of the building permit is impossible, the competent authority refuses to consider the https://www.riigiteataja.ee/en/eli/ee/526022021001/consolide/current 10/37 29.6.2021 Building Code – Riigi Teataja application and returns it, stating the reasons for the refusal. § 42. Procedure for issuing building permits (1) The building permit is issued if the building design documentation that has been filed conforms to the requirements established in legislation, i.e., above all to the detailed spatial plan or design specifications and to the requirements for construction works and for building work. Where so provided by law, the construction work must conform to the national or local special spatial plan. (2) The competent authority decides on the need to initiate the assessment of environmental impact. (3) By way of supplementary conditions, the building permit may, above all, stipulate the following: 1) restriction of the validity period of the building permit to the time limit for the demolition of the temporary construction work; 2) the possibility of altering the building permit in relation to the validity of several building permits issued in respect of the same registered immovable; 3) the possibility of amending the term of the building permit; 4) the possibility of repeated installation of the same construction work in the same location or within the territory defined in the building permit without filing a building notice or building permit; 5) conditions for building work arising from the complexity of the construction work or building work or 6) the conduct of an expert assessment of the building design documentation. (4) Where this is warranted by the circumstances, the competent authority is entitled to require the conduct of site investigations or of further investigations to elaborate the results of earlier investigations. The results of site investigations must be taken into account when preparing building design documentation. (5) The competent authority issues the building permit within 30 days from the date of filing the application. The competent authority sets a time limit of up to ten days for the giving of approvals or opinions. (6) Where the application is not filed by the owner of the registered immovable named in the application, the competent authority joins that owner to the proceedings and, if necessary, also joins to the proceedings owners of the adjacent registered immovables. (7) Where necessary, the competent authority refers the proposed building permit: 1) for approval to the authority in whom the law vests competencies that are related to the subject matter of the application for the permit; 2) for an opinion to the authority or person whose rights or interests may be affected by the construction work or building work envisaged in the application. (8) If observations are filed concerning the proposed building permit in the course of the giving of approvals and opinions, the competent authority takes appropriate consideration of these observations or states the reasons for not taking them into consideration. The building permit is issued electronically in the register of construction works. (9) If the authority whose approval or the person or authority whose opinion is requested has not, within ten days from receiving the proposed building permit, refused to give the approval or opinion or applied for an extension of that time limit, the proposed permit is deemed to have been tacitly approved by the authority or the person or authority is deemed to have declined to express an opinion regarding the permit, unless otherwise provided by law. § 43. Notice of commencement of building work and notice of complete demolition of a construction work (1) The person who applied for the building permit must file with the competent authority a notice of commencement of building work at least three days before the building work commences. (2) The notice of commencement of building work sets out the information regarding the construction work, the time of commencement of building work, the name, contact information, personal identification code (in the absence of a personal identification code, the date of birth) or registration number in the commercial register or other register of the person performing owner supervision and of the person performing building work. (3) The person who applied for a building notice or building permit for the complete demolition of a construction work must file with the competent authority a notice of the demolition of the construction work at least three days after the demolition. (4) A notice of the demolition of a construction work sets out the cadastral code and the address of the land unit, its registration number in the register of construction works and a statement regarding the complete demolition of the construction work. (5) The minister responsible for the area makes regulations to establish the requirements concerning the form of the notice of commencement of building work and of the notice of demolition of a construction work and the rules for their filing. § 44. Refusal to issue a building permit The competent authority refuses to issue a building permit if: 1) the envisaged construction work does not conform to the detailed spatial plan, design specifications, a national or local special spatial plan, the requirements established for construction works or for building work, or other public-law restrictions; 2) the building design documentation has not been prepared by a competent person or an expert assessment by a competent person has not been performed in respect of the building design documentation; 3) the building design documentation does not take into account the results of the site investigations conducted at the site of the construction work to be built or the required site investigations have not been performed; 4) the construction work or building work entails a permanent negative impact for the owner of the registered immovable or the owners of adjacent registered immovables or other persons affected by the construction work or building work and it is not possible to sufficiently reduce or alleviate that impact; 5) the building design documentation does not conform to the requirements established for building design documentation; 6) the authority referred to in clause 1 of subsection 7 of § 42 of this Code has refused to approve the proposed building permit, where this is warranted by the circumstances; 7) the competent authority has initiated proceedings to repeal the detailed spatial plan that serves as the basis for the building design documentation; 8) the competent authority has initiated proceedings to revoke the design specifications that serve as the basis for the building design documentation; https://www.riigiteataja.ee/en/eli/ee/526022021001/consolide/current 11/37 29.6.2021 Building Code – Riigi Teataja 9) a temporary ban on building work has been established with regard to the registered immovable in respect of which the building permit is applied for; 10) the construction work or building work entails a significant environmental impact that cannot be sufficiently avoided or alleviated; 11) the demolition of the construction work is contrary to a significant public interest; 12) in applying for the building permit, knowingly false information has been filed that has an impact on the decision on issuing the building permit. § 45. Validity of building permits (1) A building permit is valid for five years. When building work has commenced, the building permit is valid for up to seven years from the time it became valid. Where this is warranted by the circumstances, a longer term of validity may be stipulated or the term of validity may be amended. (2) The date of commencement of building work is deemed to be the first day on which work corresponding to the building design documentation is performed. § 46. Revocation of a building permit (1) The competent authority revokes the building permit if: 1) the building design documentation that served as the basis for the application for the building permit has been amended in a way that significantly changes important specifications of the construction work such as fire safety, energy performance, purpose of use, loads affecting the construction work or other important technical parameters stated in the building permit, or 2) in applying for the building permit, knowingly false information has been filed that had a significant impact on the decision on issuing the building permit. (2) The competent authority may revoke the building permit if: 1) the holder of the building permit or the owner of the registered immovable requests the corresponding revocation, except where other persons have a legitimate interest in the validity of the building permit, or 2) the construction work or building work does not conform to the building design documentation, the detailed spatial plan, the design specifications, a national or local special spatial plan, or the requirements for construction works or for building work. Chapter 5 Use and Occupancy Notice and Use and Occupancy Permit Division 1 Use and Occupancy Notice § 47. Use and occupancy notice (1) In situations falling under this section, the competent authority must be notified in advance of the use and occupancy of the construction work or of a change in its purpose of use. (2) A use and occupancy notice must be filed when the construction work is complete if the construction work or a part of the construction work is intended to be used and occupied and if, with regard to the construction work or the part of the construction work, the requirements for the use and occupancy of construction works have been met. (3) The use and occupancy notice is filed with the local authority, unless otherwise provided by law. (4) The filing of a use and occupancy notice is required in respect of the construction works mentioned in Annex 2 to this Code. (5) Where this is warranted by the circumstances, the competent authority is authorized to require the filing of a use and occupancy notice with regard to construction works that are not included in Annex 2 to this Code. When considering whether to require the filing of such a notice, the danger posed by the construction work and its impact on public space and on the rights of individuals is taken into account and a comparison is made with the similar indications provided in Annex 2 to this Code. (6) Where the building design documentation of a construction work subject to the use and occupancy permit requirement includes construction works whose use and occupancy is subject to the notification obligation, the use and occupancy permit functions as the use and occupancy notice. (7) The minister responsible for the area makes regulations to establish requirements concerning the form of the use and occupancy notice and the rules for its filing. § 48. Filing a use and occupancy notice (1) The competent authority is notified of the use and occupancy of a construction work electronically via the register of construction works. If it is not possible to effect the notification via the register of construction works, a use and occupancy notice is filed with the competent authority, who enters the corresponding information in the register of construction works. (2) A use and occupancy notice must be filed at least ten days before commencement of the use and occupancy of the construction work or the change of its purpose of use. If, within ten days from the filing of the use and occupancy notice, the competent authority does not inform the person who filed the notice of the need for further verification of the information presented in the notice, the use and occupancy of the construction work may commence or the purpose of use of the construction work may be changed. (3) A use and occupancy notice states: 1) the name, contact information and signature of the person filing the notice and the date of the filing; 2) the particulars and cadastral code of the registered immovable concerned by the location of the construction work; 3) the aim of filing the use and occupancy notice, including a description of the construction work, its purpose of use and the type of building work; 4) where the notice concerns a temporary construction work, the period time envisaged for the use of the construction work; 5) where required, the energy performance certificate; 6) the particulars of the builder. https://www.riigiteataja.ee/en/eli/ee/526022021001/consolide/current 12/37 29.6.2021 Building Code – Riigi Teataja (4) Where this is mentioned in Annex 2 to this Code, the use and occupancy notice must be accompanied by the building design documentation according to which the construction work was built. (5) Where necessary, the competent authority verifies whether in relation to the use and occupancy of the construction work or the change in its purpose of use as stated in the use and occupancy notice, it is necessary: 1) to bring the construction work into conformity with the requirements; 2) to obtain the approval of the competent authority for the use and occupancy of the construction work or for the change in its purpose of use; 3) to join the owner of the registered immovable or owners of adjacent registered immovable to the proceedings. (6) Where the grounds provided in subsection 5 of this section are present, the procedure established in relation to use and occupancy permits is observed, including the time limit of that procedure and the grounds for refusal to issue a use and occupancy permit. The requirements specified as a result of the verification are issued by the competent authority as an administrative decision. § 49. Use and occupancy of a construction work on the basis of a use and occupancy notice On the basis of a use an occupancy notice, the construction work may be used and occupied indefinitely, unless otherwise provided by law. Division 2 Use and occupancy permit § 50. Use and occupancy permit (1) A use and occupancy permit is issued if the building work performed on the completed construction work conforms to the building permit and it is possible to use and occupy the construction work in compliance with the requirements and in accordance with its purpose of use. A use and occupancy permit is required in respect of construction works described in Annex 2 to this Code and in the event of a change in their purpose of use. (2) Where this is warranted by the circumstances, the competent authority is authorized to issue a use and occupancy permit or to demand that a use and occupancy permit be issued in respect of a construction work not included in Annex 2 to this Code. When considering whether to issue the use and occupancy permit, the danger posed by the construction work and its impact on public space and on the rights of individuals is taken into account and a comparison is made with the similar indications provided in Annex 2 to this Code. (3) The use and occupancy permit determines or changes the purpose of use of the construction work. (4) If the change in the purpose of use of the construction work does not entail any operations that are listed in Annex 1 to this Code as subject to the notice or permit requirement, that change in the purpose of use is subject to the column concerning changes in the purpose of use as established in Annex 2 to this Code. (5) A use and occupancy permit may be issued in respect of a part of the construction work if that part is complete and the requirements established in legislation—first and foremost, the requirement that it is possible to use the construction work safely—have been complied with. (6) If the building design documentation filed together with the application for a use and occupancy permit includes several construction works and the civil engineering works necessary for servicing those construction works, a use and occupancy permit is issued in respect of each construction work separately. A separate use and occupancy permit is also issued for each independently used civil engineering work. (7) The minister responsible for the area makes regulations to establish: 1) the list of the purposes of use of construction works; 2) the requirements for construction works arising from their purpose of use. § 51. Authority competent to issue the use and occupancy permit (1) The use and occupancy permit is issued by the local authority, unless otherwise provided by law. (2) If the application for a use and occupancy permit includes construction works that were built on the basis of a national special spatial plan, the corresponding use and occupancy permit is issued by the Consumer Protection and Technical Regulatory Authority, unless otherwise provided by law. (3) If the application for a use and occupancy permit includes construction works in respect of which the issuing of the use and occupancy permit is in the competency of the State and of the local authority, the corresponding use and occupancy permit is issued by the Consumer Protection and Technical Regulatory Authority, unless otherwise provided by law. (4) If the application for a use and occupancy permit includes construction works in respect of which the issuing of the use and occupancy permit is in the competency of several government agencies, the corresponding use and occupancy permit is issued by the Consumer Protection and Technical Regulatory Authority, unless otherwise provided by law. § 52. Application for a use and occupancy permit (1) The application for a use and occupancy permit and related documents are filed with the competent authority electronically via the register of construction works. Where it is not possible to file these documents via the register of construction works, they are filed with the competent authority who enters the information in the register of construction works. (2) The application for a use and occupancy permit states: 1) the applicant's name, contact information and signature, and the date of the filing; 2) the manner of delivery of the use and occupancy permit; 3) the particulars and cadastral code of the registered immovable on which building work is to be performed; 4) the aim of applying for the permit, including the description and purpose of use of the completed construction work and the type of building work; 5) where a temporary construction work is to be used, the period of use applied for; 6) in the situations provided for in legislation, maintenance instructions; https://www.riigiteataja.ee/en/eli/ee/526022021001/consolide/current 13/37 29.6.2021 Building Code – Riigi Teataja 7) the particulars of the person who built the construction work and, where relevant, the particulars of the person who prepared the building design documentation and, if the conformity of the building design documentation to the requirements was verified by a competent person who is independent of the person who prepared the building design documentation, also the particulars of that competent person; 8) where required, the energy performance certificate; 9) in the situations provided for in legislation, proof of the construction work having being audited; 10) building documentation, except where the scope of the application for a use and occupancy permit is limited to changing the purpose of use of the construction work; 11) information regarding payment of the state fee. (3) The application for a use and occupancy permit must be accompanied by the building design documentation according to which the construction work was built. The filing of the building design documentation is not required if the scope of the application is limited to changing the purpose of use of the construction work. (4) The minister responsible for the area makes regulations to establish the application for a use and occupancy permit, the rules for its filing and the requirements concerning its form. § 53. Checking the application for a use and occupancy permit and refusing to consider the application When the competent authority receives an application for a use and occupancy permit, it checks the conformity of the application to the requirements. If it is obvious that the issuing of the use and occupancy permit is impossible, the competent authority refuses to consider the application and returns it, stating the reasons for refusal. The impossibility of issuing the use and occupancy permit is obvious, above all, if the building of the construction work required a building notice or building permit. § 54. Procedure for issuing use and occupancy permits (1) The use and occupancy permit is issued if the construction work conforms to the requirements established in legislation, i.e., above all to the requirements for construction works, and conforms to the building permit. (2) The competent authority decides on the need to initiate the assessment of environmental impact above all, if the change in the purpose of use of the construction work may entail a significant environmental impact that has not been assessed before. (3) By way of supplementary conditions, the use and occupancy permit may, above all, stipulate the following: 1) where warranted by the circumstances, the term of validity of the use and occupancy permit; 2) the term of validity of the use and occupancy permit as related to the time limit for the demolition of a temporary construction work, which may not exceed five years since the issuing of the use and occupancy permit; 3) where the use and occupancy permit is issued in respect of a part of the construction work, the additional requirement to apply, within a specified time limit, for use and occupancy permit for the entire construction work; 4) the conduct of an expert assessment of the building design documentation, including the time limit for conducting the assessment; 5) the need to commission an opinion from a competent person to verify the compliance of the construction work with the requirements; 6) the requirement to perform an audit. (4) The competent authority issues the use and occupancy permit within 30 days from the date of filing of the application. The competent authority sets a time limit of up to ten days for the giving of approvals or opinions. (5) Where the application is not filed by the owner of the registered immovable named in the application, the competent authority joins that owner to the proceedings and, if necessary, also joins to the proceedings owners of the adjacent registered immovables. (6) Where necessary, the competent authority refers the proposed use and occupancy permit application: 1) for approval to the authority in whom the law vests competencies that are related to the subject matter of the application for the permit; 2) for an opinion to the authority or person whose rights or interests may be affected by the construction work. (7) If observations are filed concerning the proposed use and occupancy permit in the course of the giving of approvals and opinions, the competent authority takes appropriate consideration of these observations or states the reasons for not taking them into consideration. The use and occupancy permit is issued electronically in the register of construction works. (8) If the authority whose approval or the person or authority whose opinion is requested has not, within ten days from receiving the proposed use and occupancy permit, refused to give the approval or opinion or applied for an extension of that time limit, the proposed permit is deemed to have been tacitly approved by the authority or the person or authority is deemed to have declined to express an opinion regarding the proposed permit, unless otherwise provided by law. § 55. Refusal to issue a use and occupancy permit The competent authority refuses to issue the use and occupancy permit if: 1) the construction work does not conform to the requirements; 2) the construction work poses a danger as a result of the change in its purpose of use; 3) the construction work does not conform to the building permit, to the national or local special spatial plan or detailed spatial plan currently in effect, including the operational plan for implementation of the detailed spatial plan, or to the design specifications; 4) the competent authority has initiated proceedings to revoke the building permit that served as the basis for the building of the construction work; 5) due to changes in the building design documentation or changes made in the course of building work, the building design documentation filed with the application for a use and occupancy permit differs significantly from the building design documentation filed with the application for the building permit; 6) the building design documentation does not conform to the requirements established for the building design documentation that served as the basis for the building work and, due to this, the completed construction work poses a danger; 7) the audit has not been performed; 8) where warranted by the circumstances, the authority referred to in clause 1 of subsection 6 of § 54 of this Code has refused to approve the proposed use and occupancy permit; 9) the use and occupancy of the construction work entails a significant environmental impact that cannot be sufficiently avoided or alleviated, or https://www.riigiteataja.ee/en/eli/ee/526022021001/consolide/current 14/37 29.6.2021 Building Code – Riigi Teataja 10) in applying for use and occupancy permit, knowingly false information has been filed that has a significant impact on the decision on issuing the use and occupancy permit. § 56. Validity of use and occupancy permits The use and occupancy permit is granted for an unspecified term, unless stipulated otherwise in the permit. § 57. Revocation of a use and occupancy permit (1) The competent authority revokes the use and occupancy permit if in applying for the use and occupancy permit, knowingly false information has been filed that had a significant impact on the decision on issuing the use and occupancy permit. (2) The competent authority may revoke the use and occupancy permit if: 1) the holder of the use and occupancy permit or the owner of the registered immovable requests the corresponding revocation, except where other persons have a legitimate interest in the validity of the use and occupancy permit; 2) the audit has not been performed; 3) the construction work or its use does not conform to the use and occupancy permit or to the requirements established for the construction work. Chapter 6 Register of Construction Works § 58. Register of construction works (1) The purpose of the register of construction works is to store, provide and disseminate information regarding envisaged construction works, construction works that are being built, existing construction works, and the proceedings related to these. (2) The Government of the Republic makes a regulation to establish the register of construction works and enact its constitutive regulations. § 59. Controller and processor of the data in the register of construction works (1) The controller of the data in the register of construction works is the Ministry of Economic Affairs and Communications. (2) The processors of the data in the register of construction works are designated in the constitutive regulations of the register of construction works. § 60. Information recorded in the register of construction works (1) Regular information recorded in the register of construction works consists of: 1) particulars of the construction work; 2) particulars of the location of the construction work; 3) building documentation; 4) particulars of the building work performed; 5) in respect of a construction work that is a movable, the particulars of its owner; 6) information concerning the results of site investigations; 7) the particulars of any audits of the construction work; 8) maintenance instructions for the construction work; 9) particulars of the persons connected with the construction work or the building work performed; 10) information concerning the applications, design specifications, notices, permits and compliance notices linked to the construction work or the building work performed; 11) particulars of any regulatory enforcement action; 12) particulars of the energy performance certificate; 13) information concerning the interest area of the network possessor or owner; 14) where necessary, other information related to the construction work or to the building work performed. (2) The constitutive regulations of the register of construction works may, in relation to the purpose of use of construction works, specify the definition of the particulars or information set out in subsection 1 of this section and provide special rules to govern the entry of those particulars or that information in the register. (3) The information in the register of construction works is disseminated through the website of the register. The information in the register of construction works is made available via the X-road interface. (4) Access via the X-road interface and the website of the register of construction works is provided to the entirety of the particulars and information in the register, except the archived particulars and information of the register of buildings, the particulars and information connected to compliance notices that have been complied with and the particulars and information concerning construction works that have been removed from the register as well as any exchanges of information concerning the physical infrastructure of the communications undertaking or network operator. [RT I, 15.12.2016, 1 – entry into force 01.01.2017] (5) The minister responsible for the area makes regulations to establish the requirements concerning the forms of notices for providing information to the register of construction works and the rules for their filing. § 61. Significance of information stored in the register of construction works (1) The information stored in the register of construction works has informational and statistical significance. (2) Applications, design specifications, notices, building permits, use and occupancy permits and compliance notices have legal significance. Chapter 61 Facilitation of the deployment of high-speed electronic communications networks https://www.riigiteataja.ee/en/eli/ee/526022021001/consolide/current 15/37 29.6.2021 Building Code – Riigi Teataja [RT I, 15.12.2016, 1 - entry into force 01.01.2017] § 611. Scope of application The provisions of this Chapter apply to the deployment of high-speed electronic communications networks. [RT I, 15.12.2016, 1 – entry into force 01.01.2017] § 612. Definitions (1) ‘Physical infrastructure’ means infrastructure that permits the hosting of network elements that make it possible to offer an electronic communications service. For instance, physical infrastructure includes pipes, masts, cable ducts, manholes, access hatches, cable cabinets, antenna installations, towers and poles. Cables, as well as network elements that are used for the supply of water intended for human consumption, are not regarded as physical infrastructure for the purposes of this Chapter. (2) ‘In-building physical infrastructure’ means physical infrastructure at the location of the end user that connects the building access point to the access point of the terminal device. (3) ‘Building access point’ means a physical point at the boundary of the immovable property which is accessible to the electronic communications undertaking (hereinafter, ‘the communications undertaking’) and which is used to provide access to the in-building physical infrastructure that supports the high-speed electronic communications network. (4) ‘High-speed electronic communications network’ (hereinafter, ‘the network’) means a network that makes it possible to transmit data at the speed of at least 30 megabits per second. (5) ‘Major renovation’ means the remodelling, within the meaning of subsection 3 of § 4 of this Code, of the building at the location of the end user, in the course of which the in-building physical infrastructure or a part of it is modified and which requires the filing of a building notice or the making of an application for a building permit. (6) ‘Network operator’ means a communications undertaking or other undertaking that operates the physical infrastructure whose purpose of use is to provide the service of producing, transmitting and distributing gas, electricity or thermal heat, or the production, transport and distribution of water, taking into account that the service of production, transmission and distribution of electricity includes street lighting and the service of production, transport and distribution of water includes the removal or purification of waste water or sewage and a sewerage system. The definition of network operator also includes a person that operates a railway infrastructure, highway, port or airport. [RT I, 15.12.2016, 1 – entry into force 01.01.2017] § 613. Exchange of information and determination of area of interest (1) Any exchange of information concerning the physical infrastructure of the network operator between the communications undertaking and the network operator takes place electronically through the register of construction works. (2) The network operator determines, or modifies, its area of interest regarding physical infrastructure within ten days of the filing of the building notice or the grant of the building permit regarding that physical infrastructure. (3) The area of interest mentioned in subsection 2 of this section must also be determined in the situations provided for in clauses 2 and 3 of subsection 1 of § 616 of this Code. (4) The minister responsible for the area may make regulations to establish specific procedures concerning the exchange of information regarding the physical infrastructure between the communications undertaking and the network operator. [RT I, 15.12.2016, 1 – entry into force 01.01.2017] § 614. Access to data concerning physical infrastructure (1) The communications undertaking has the right to present an application to the network operator to be allowed access to minimum information regarding any physical infrastructure of the network operator. In the application, the communications undertaking states the relevant area whose data it wishes to access. (2) The minimum information referred to in subsection 1 of this section includes: 1) the location and utility line of the infrastructure; 2) the type and purpose of use of the infrastructure; 3) the contacts of the network operator. (3) The network operator is obligated to transmit to the communications undertaking, on the basis of a corresponding application by the latter, minimum information regarding its physical infrastructure within one month from the filing of the application. (4) The communications undertaking has the right to make an application to the network operator to be allowed to inspect certain specific elements of its physical infrastructure on-site. The communications undertaking is obligated to identify, in its application, the relevant network elements that it wishes to inspect. (5) The network operator is obligated to allow, within one month of receiving the application referred to in subsection 4 of this section, the communications undertaking to inspect the relevant network elements of its physical infrastructure on-site. (6) For valid reasons, the network operator may refuse to transmit the minimum information and to allow the on-site inspection of physical infrastructure, if this may endanger: 1) the security or integrity of the network; 2) national security; 3) the life or health of humans; 4) business secrets. (7) Should a dispute arise in relation to the rights and obligations provided for in this section, both of the parties to the dispute may have recourse to the Consumer Protection and Technical Regulatory Authority by filing the corresponding written application and paying the state fee in accordance with the rules provided in the State Fees Act. https://www.riigiteataja.ee/en/eli/ee/526022021001/consolide/current 16/37 29.6.2021 Building Code – Riigi Teataja (8) The Consumer Protection and Technical Regulatory Authority makes its decision concerning resolution of the dispute within two months from receiving the written application. Where valid reasons require this, the Authority may extend the time limit for resolving the dispute by a reasonable period. (9) The provisions of this section do not apply to physical infrastructure that is technically not suitable for the deployment of the communications network, or to any physical infrastructure that serves national defence purposes or is related to a building of a security authority or to infrastructure at the national border. [RT 01.02.2019, 3 – entry into force 11.02.2019] (10) The communications undertaking that obtains, under this section, access to the minimum information concerning the physical infrastructure of the network operator, undertakes to take requisite measures to protect the business secrets of the network operator. [RT I, 15.12.2016, 1 – entry into force 01.01.2017 – applied starting 1 May 2017] § 615. Access to physical infrastructure (1) The communications undertaking has the right to apply to the network operator for access to the latter’s physical infrastructure in order to deploy elements of the communications network. (2) The communication undertaking has the right to address an application to the network operator to access the latter’s physical infrastructure; the application must state detailed particulars regarding why, to what infrastructure and when the access is requested. (3) The network operator decides on the application referred to in subsection 2 of this section within two months of receiving it. The network operator is obligated to grant all reasonable applications in the order that they are received, allowing access to its physical infrastructure. (4) The network operator may, for valid reasons, refuse to grant access to its physical infrastructure on the following condition: 1) its physical infrastructure is technically unsuitable for hosting the communications network; 2) it lacks the free space required to host the communications network, taking into account its future needs, which must be sufficiently justified; 3) granting the access may endanger the physical infrastructure or the life or health of humans; 4) granting the access may have an impact on the security or integrity of the network; 5) granting the access may cause significant disturbances in another service provided through the same physical infrastructure; 6) there exists an alternative access to physical infrastructure which is suitable for hosting the communications network, provided that access is offered on reasonable terms, or 7) this endangers national security. (5) If the network operator refuses to grant access or, within two months of receiving the application referred to in subsection 2 of this section, no agreement is reached concerning specific terms and conditions of access, both parties have the right, in order to resolve their dispute, to have recourse to the Consumer Protection and Technical Regulatory Authority by making the corresponding written application and by paying the state fee in accordance with the rules provided in the State Fees Act. (6) The Consumer Protection and Technical Regulatory Authority makes its decision concerning resolution of the dispute within four months from receiving the written application. Where this is necessary, the Authority makes a decision that determines the terms and conditions of access to the network operator’s physical infrastructure. Where valid reasons are present, the Authority may extend the time limit for resolving the dispute by a reasonable period. (7) When setting the terms and conditions referred to in subsection 6 of this section, the Authority must take account of the fact that the grantor of access has the opportunity to recoup the cost of allowing access to its physical infrastructure, considering all relevant circumstances. [RT I, 15.12.2016, 1 – entry into force 01.01.2017 – applied starting 1 May 2017] § 616. Access to information concerning planned building work (1) Based on an application from the communications undertaking which states the relevant area, the network operator is obligated to make available, through the register of construction works, minimum information concerning any ongoing or planned building work which is related to its physical infrastructure and: 1) concerning which a building notice has been filed or a building permit issued; 2) concerning which the proceedings for issuing a building permit are pending or 3) concerning which the intention is to apply to the local authority for a building permit within the next six months. (2) The minimum information referred to in subsection 1 of this section includes: 1) the location and type of the building work; 2) a description of the network element; 3) the estimated start date and duration of the building work; 4) the contacts of the network operator. (3) The network operator makes the minimum information referred to in subsection 1 of this section available to the communications undertaking within two weeks from the filing of the application. (4) The network operator limits access to the minimum information if the grounds provided in subsection 6 of § 614 of this Code are present. (5) The network operator may refuse to grant the application, provided it has made the information applied for electronically accessible to the public. (6) Should a dispute arise in relation to the rights and obligations provided for in this section, both of the parties to the dispute may have recourse to the Consumer Protection and Technical Regulatory Authority by filing the corresponding written application and paying the state fee in accordance with the rules provided in the State Fees Act. (7) The Consumer Protection and Technical Regulatory Authority makes its decision concerning resolution of the dispute within two months from receiving the written application. Where valid reasons require this, the Authority may extend the time limit for resolving the dispute by a reasonable period. https://www.riigiteataja.ee/en/eli/ee/526022021001/consolide/current 17/37 29.6.2021 Building Code – Riigi Teataja (8) The provisions of this section do not apply to building work that is not subject to the requirement of filing a building notice or of obtaining a building permit, or to any physical infrastructure serving national defence purposes or related to a building of a security authority or to infrastructure at the national border. [RT 01.02.2019, 3 – entry into force 11.02.2019] § 617. Joint performance of building work (1) The communications undertaking or the local authority may make an application to the network operator for joint performance of the building work. The network operator makes a decision on the application within one month from the making of the application. (2) The application referred to in subsection 1 of this section is granted provided: 1) this does not entail significant additional expenditure compared to the originally planned building work; 2) this does not adversely impact control over building work; 3) the application is made at least one month before the building notice, or the final building design documentation required to obtain a building permit is filed with the local authority. (3) If no agreement is reached concerning joint performance of building work within one month from the filing of the application, both of the parties to the dispute have the right to have recourse to the Consumer Protection and Technical Regulatory Authority by filing the corresponding written application and paying the state fee in accordance with the rules provided in the State Fees Act. (4) The Consumer Protection and Technical Regulatory Authority makes its decision concerning resolution of the dispute within two months from receiving the written application. Where this is necessary, the Authority makes a decision that determines the terms and conditions of joint performance of the building work. Where valid reasons require this, the Authority may extend the time limit for resolving the dispute by a reasonable period. (5) The provisions of this section do not apply to building work whose performance is not subject to the requirement of filing a building notice or of obtaining a building permit, or to any physical infrastructure serving national defence purposes or related to a building of a security authority or to infrastructure at the national border. [RT 01.02.2019, 3 – entry into force 11.02.2019] (6) Subsections 2–4 of this section are applied if the building activities of the network operator are fully or partially funded from the budget of the State or of a local authority. [RT I, 15.12.2016, 1 – entry into force 01.01.2017] § 618. In-building physical infrastructure (1) The owner of a new building or of a building undergoing major renovation work must equip that building with in-building physical infrastructure that is situated at the location of the end user and that supports communications networks. (2) The provision of subsection 1 of this section is not applied: 1) to buildings provided for in subsection 2 of § 62 of this Code; 2) to buildings whose ground projection area is up to 60 m2 in accordance with Annex 1 of this Code; 3) to single-apartment residential buildings; 4) to construction works that serve national defence purposes, to construction works of the security authorities or to infrastructure at the national border. [RT 01.02.2019, 3 – entry into force 11.02.2019] (3) Any new residential building that has two or more apartments, or any residential building that has two or more apartments and that is undergoing major renovation work, must be equipped with a building access point. [RT I, 15.12.2016, 1 – entry into force 01.01.2017 – the obligations provided in subsections 1 and 3 apply to buildings in respect of which the building notice, or building permit application, is filed starting 1 April 2017] § 619. Access to in-building physical infrastructure (1) The communications undertaking has the right, at its own cost, to roll out its own communications network up to the building access point. (2) The communications undertaking has the right to obtain access to any pre-existing in-building physical infrastructure for the purpose of deploying a communications network, provided its duplication is technically impossible or economically inefficient. To obtain access to the physical infrastructure, the communications undertaking presents a corresponding application to the owner of the building access point or of the in-building physical infrastructure. (3) The owner of the building access point or of the in-building physical infrastructure grants the access applications presented by the communications undertaking. (4) The provisions of subsections 2 and 3 of this section are not applied in relation to buildings in which end users are ensured access to communications networks. (5) If no agreement is reached concerning the access provided for in subsection 3 of this section within two months of the date of receiving the access application, both parties have the right, in order to resolve their dispute, to have recourse to the Consumer Protection and Technical Regulatory Authority by making the corresponding written application and by paying the state fee in accordance with the rules provided in the State Fees Act. (6) The Consumer Protection and Technical Regulatory Authority makes its decision concerning resolution of the dispute within two months from receiving the application. Where this is necessary, the Authority makes a decision that determines the terms and conditions of access to the in-building physical infrastructure. Where valid reasons are present, the Authority may extend the time limit for resolving the dispute by a reasonable period. (7) Should the building lack in-building physical infrastructure to support the communications network, the communications undertaking has the right to connect, at its own cost, its communications network to the enclosed premises of the end user, provided the end user consents to this and provided the impact on third-party property is kept as low as possible. [RT I, 15.12.2016, 1 – entry into force 01.01.2017] https://www.riigiteataja.ee/en/eli/ee/526022021001/consolide/current 18/37 29.6.2021 Building Code – Riigi Teataja § 6110. Resolution of disputes before the Consumer Protection and Technical Regulatory Authority (1) When the application referred to in subsection 7 of § 614, subsection 5 of § 615, subsection 6 of § 616, subsection 3 of § 617 or subsection 5 of § 619 is filed, the Consumer Protection and Technical Regulatory Authority notifies the other party to the dispute of the filing of the application within ten business days and demands clarification. The Authority sets a reasonable time limit for the filing of the clarification, which may not be shorter than ten business days from receiving the demand for clarification. (2) Provided the parties to the dispute agree to this, the Consumer Protection and Technical Regulatory Authority is authorized, when necessary, to commission an expert opinion for deciding on the dispute. When commissioning the opinion, the Authority has regard to the positions of the parties. The Authority sets the time limit for the filing of the opinion in consultation with the expert. (3) The expert opinion is transmitted to both parties at dispute. (4) The costs related to the provision of the expert opinion are borne by the parties at dispute in equal shares, and are paid up before the expert assessment is carried out, unless the Consumer Protection and Technical Regulatory Authority decides otherwise. (5) The Consumer Protection and Technical Regulatory Authority is authorized to commission an expert opinion for deciding on the dispute also in cases where the opinion is sought by one of the parties at dispute, and that party agrees to pay the costs connected to this. [RT I, 15.12.2016, 1 – entry into force 01.01.2017] § 6111. Obligation to provide information to the Consumer Protection and Technical Regulatory Authority (1) The Consumer Protection and Technical Regulatory Authority has the right to demand from the parties at dispute information and documents that are necessary for deciding on the disputes referred to in this Chapter. (2) The request for information or documents is formalised by the Consumer Protection and Technical Regulatory Authority in writing. In the request, the Authority sets out an explanation concerning the task for whose fulfilment it requires the information and concerning the manner in which the information is to be used. In the request, the Authority sets a reasonable time limit, which may not be shorter than ten business days from receiving the request, for the addressee to provide the information. (3) Any information that an official of the Consumer Protection and Technical Regulatory Authority has become privy to in the course of resolving a dispute, is kept confidential by that official. [RT I, 15.12.2016, 1 – entry into force 01.01.2017] Part 2 SPECIAL CONSTRUCTION WORKS AND SPECIAL REQUIREMENTS Chapter 7 Energy Performance of Buildings § 62. Scope of application (1) The requirements established in this Chapter apply to buildings that use energy to control indoor climate and the quality of indoor air, including to maintain, increase or reduce indoor temperature. (2) The requirements established in this Chapter do not apply to the following buildings: 1) buildings that, according to the relevant comprehensive plan or detailed spatial plan, are located within a built-up area of cultural and historical value or have been recognised as a valuable monument, or buildings which, under the Heritage Conservation Act, have been designated as monuments, are located in a heritage conservation area or included in the UNESCO World Heritage List and in which compliance with the minimum requirements for energy performance would significantly alter the building’s nature or appearance; 2) buildings which are mainly used as places of worship or for religious activities; 3) temporary buildings whose useful life is two years or less, industrial sites, workshops and non-residential agricultural buildings with low energy demand; 4) residential buildings which are either intended to be used during less than four months of the year or have an alternatively limited period of annual use and whose expected energy consumption is less than 25 percent of the energy consumption corresponding to year-round use; 5) buildings whose enclosed net floor area does not exceed 50 m2. § 63. Definitions (1) ‘Energy performance of a building’ means the calculated or measured amount of energy needed to meet the energy demand associated with the typical use of the building, which includes, inter alia, energy used for heating, cooling, ventilation, the heating of water and lighting. (2) ‘Minimum requirements for energy performance’ means the ceiling values of the total energy consumption of existing or new buildings, which are based on the purpose of use of the buildings and which take into account technical parameters, the requirements established for utility systems with a significant impact on the building’s energy performance or the conditions for introducing the use of renewable energy in buildings. Minimum requirements for energy performance may also include requirements for the building’s other utility systems if the operation of those systems causes the building’s energy demand to increase significantly. [RT I, 30.06.2020, 9 – entry into force 01.07.2020] (3) [Repealed – RT I, 30.06.2020, 9 – entry into force 01.07.2020] (4) Renovation is deemed to be major if the costs of modification of the building’s envelope elements and the modification or replacement of the building’s loadbearing or stiffening elements, or of modification of the building’s outer envelope and the building’s utility systems or parts thereof, or of the complete replacement of a utility system, exceed one quarter of the average building cost of a building that is equivalent to the building that is being renovated. (5) The minister responsible for the area may make regulations to establish the rules for assessing average building cost. https://www.riigiteataja.ee/en/eli/ee/526022021001/consolide/current 19/37 29.6.2021 Building Code – Riigi Teataja § 64. Requirements for the energy performance of buildings (1) The building’s outer envelope and utility systems with a significant impact on the building’s energy performance must ensure that the total energy consumption of the building corresponds to the climatic conditions of its location and to the purpose of its use. [RT I, 30.06.2020, 9 – entry into force 01.07.2020] (2) Measures have to be taken to improve the energy performance of the building, taking into consideration the following conditions: 1) the energy performance may not be achieved in a manner that would adversely affect the building's indoor climate and the building’s conditions of use; 2) different options have to be weighed and cost-effective solutions have to be preferred; 3) when renovating a utility system with a significant impact on the building’s energy performance, the optimum performance of such a system has to be ensured. [RT I, 30.06.2020, 9 – entry into force 01.07.2020] (3) A prerequisite for the optimum performance of a utility system is the appropriate choice of the system and of the equipment, their appropriate installation, setup and check and, where necessary, the employment of a smart measuring system. (4) The energy audit is performed in order to obtain requisite knowledge concerning the energy consumption profile of a building or group of buildings, of an industrial or commercial process or installation or of specific services. The energy audit identifies cost-effective energy saving opportunities and quantifies the corresponding savings; an audit report is drawn up based on its results. (5) The minister responsible for the area makes regulations to establish requirements for the energy audits of buildings and for the methodology of calculating the energy performance of buildings. § 65. Minimum requirements for energy performance (1) Any new building that is being built or any existing building that is undergoing major renovation must conform to the minimum requirements for energy performance after the completion of the building or renovation work. If the building work was performed on the basis of a building permit, the construction work must conform to the minimum requirements for energy performance that were effective at the time the permit was issued. (2) The building’s outer envelope and utility systems with a significant impact on the building’s energy performance must be designed and built such that approaching them as an integral whole would allow for conformity to the minimum requirements for energy performance. [RT I, 30.06.2020, 9 – entry into force 01.07.2020] (3) The minister responsible for the area makes regulations to establish the minimum requirements for energy performance, including the requirements for utility systems with a significant impact on the building’s energy performance, and the conditions for introducing the use of renewable energy in buildings. The minimum requirements for energy performance are reviewed at least once every five years. When reviewing the minimum requirements for energy performance, technical progress is taken into account. [RT I, 30.06.2020, 9 – entry into force 01.07.2020] § 651. Electric car charging infrastructure (1) ‘Electric car charging infrastructure’ means cabling infrastructure or a charging point or a combination of cabling infrastructure and a charging point. (2) ‘Electric car cabling infrastructure’ means a cable protection conduit through which it is possible to run an electrical cable in order to install a charging point. (3) ‘Electric car charging point’ means an interface of the charging infrastructure by means of which it is possible to charge one electric car at a time or to change the battery of one electric car at a time. (4) When erecting a building for the servicing of which more than ten parking spaces are prescribed, the following are to be installed: 1) cabling infrastructure for each parking space, if the building is a residential one, 2) cabling infrastructure at least for each fifth parking space and an electric car charging point at least for one parking space, if the building is a non-residential one. (5) When electric car charging infrastructure is to be installed in a building with several purposes of use of which at least one is a residential use or at least one is a non-residential use, the installation is subject either to the requirements applicable to residential or to non-residential buildings, according to the principal use recorded in respect of the building in the register of construction works. (6) When undertaking a major renovation of a building for the servicing of which more than ten parking spaces are prescribed, the requirements provided for by subsections 4 and 5 of this section are to be complied with if the work to be carried out as part of such renovation also extends to: 1) the building’s car park or 2) the electrical system of the building or of the car park. (7) If more than 20 parking spaces are prescribed for the servicing of a non-residential building, an electric car charging point has to be installed at least for one such space. [RT I, 30.06.2020, 9 – entry into force 01.07.2020] § 652. Renovation support measure (1) Renovation support measures intended for improving the energy performance of buildings are linked to envisaged or achieved energy savings. (2) To determine the energy saving, the situation prior to renovation is compared to the envisaged or realized solution, using at least one of the following indicators: 1) the energy performance indicator determined based on typical use data; 2) the value of weighted specific energy consumption determined based on actual consumption data; 3) estimated change in energy consumption set out in the relevant energy audit. https://www.riigiteataja.ee/en/eli/ee/526022021001/consolide/current 20/37 29.6.2021 Building Code – Riigi Teataja (3) If, to determine energy savings, a renovation support measure employs an indicator other than those provided for in subsection 2 of this section, the measure must include a description of the envisaged indicator and the energy savings determined using that indicator must be comparable and verifiable. (4) Where equipment or material is installed by a person who meets the relevant qualification requirements, to determine the corresponding energy saving the energy performance indicator of existing equipment or material may be compared to that of the equipment or material that is being installed. [RT I, 30.06.2020, 9 – entry into force 01.07.2020] § 66. Energy performance certificate (1) Conformity to the minimum requirements for energy performance is proved by means of the energy performance certificate. An energy performance certificate provides information on the rated energy demand or the actual energy consumption of a building that already exists or that is being designed. (2) A list of recommendations for improving the energy performance of the building is annexed to the energy performance certificate, except where there is no reasonable possibility for making the corresponding improvements. (3) An energy performance certificate issued in respect of the rated energy demand is valid for two years after the completion of the building. An energy performance certificate issued in respect of the actual energy consumption is valid for ten years. A subsequently issued energy performance certificate revokes the energy performance certificate issued previously in respect of the same building or part of the building. (4) If the building lacks a common heating system, a separate energy performance certificate may be issued in respect of a part of that building that can be used separately. (5) The energy performance certificate is issued by a competent person who is a member of the relevant profession. The person who issues the energy performance certificate enters the particulars of that certificate electronically in the register of construction works. The particulars of the energy performance certificate issued in respect of a building that is being designed are entered in the register of construction works at the latest at the time of the filing of the use and occupancy notice or of the application for a use and occupancy permit. (6) The minister responsible for the area makes regulations to establish the requirements for energy performance certificates and for the issuing of such certificates. § 67. Energy performance certificate when ownership of a building is transferred or the right to use and occupy the building is assigned for a fee (1) In order to allow a person interested in buying a building or acquiring the right to use and occupy a building to make an informed choice, the advertisement regarding the transfer of ownership in the building or part of the building for a fee or regarding assignment of the right to use and occupy the building or a part of the building that can be used separately for a fee must include the particulars of the energy certificate, including the energy performance indicator or the weighted specific energy use and the corresponding class. (2) A person interested in buying a building or acquiring the right to use and occupy a building or a part of the building that can be used separately must be allowed to inspect the energy performance certificate. The energy performance certificate or a copy of the certificate is delivered upon the execution of the corresponding agreement to the person who acquires ownership of or the right to use and occupy the building or a part of the building that can be used separately. This requirement is deemed to have been met if it is possible to view the energy performance certificate in the register of construction works. § 68. Displaying the energy performance certificate (1) The energy performance certificate must be displayed in a prominent place clearly visible to the public in any building in which: 1) the enclosed net floor area exceeds 500 square metres and which is visited by crowds of people; 2) a local authority or government agency or any other public-law agency has possession of an enclosed net floor area that exceeds 250 square metres and that is often visited by people. (2) The minister responsible for the area may make regulations to establish a list of the types of building which are linked to the gathering of crowds and in relation to which the presence of an energy performance certificate is required. (3) The energy performance certificate must be displayed in a prominent place clearly visible to the public in any building that is covered by the list of the types of building established under subsection 2 of this section. § 69. Energy performance of heating and cooling systems [Repealed – RT I, 30.06.2020, 9 – entry into force 01.07.2020] § 691. Utility system with a significant impact on the building’s energy performance (1) ‘Utility system with a significant impact on the building’s energy performance’ means: 1) a heating system or a household water heating system together with the source of heat; 2) a cooling system; 3) an automation and control system (below, ‘automation system’); 4) a ventilation system; 5) a lighting system; 6) a system producing thermal energy or electricity locally. (2) ‘Automation system’ means a system that comprises all products, software and services that support the energy-efficient, sustainable and safe operation of a building’s utility systems. An automation system must facilitate control of such systems, at the same time allowing for them to be controlled manually. [RT I, 30.06.2020, 9 – entry into force 01.07.2020] § 692. Installation of a utility system with a significant impact on the building’s energy performance https://www.riigiteataja.ee/en/eli/ee/526022021001/consolide/current 21/37 29.6.2021 Building Code – Riigi Teataja (1) Any utility system with a significant impact on the building’s energy performance, including any manually built system operating on solid fuel, has to be installed or constructed in accordance with the requirements. To be deemed in accordance with the requirements, installation or construction needs to have observed the good practice of the relevant field, the relevant standard or the installation instructions. (2) The settings of a utility system with a significant impact on the building’s energy performance have to be adjusted to an optimal level, considering the typical use of the building or room to be served by that system. (3) Together with a utility system with a significant impact on the building’s energy performance, which allows for automated regulation, a central automation system that makes it possible to constantly control and monitor the building’s utility systems has to be installed. (4) Where, in connection with the installation of a heating source, replacement of the heating system and the household water heating system, or the existing heating source, is performed, such a heating source’s seasonal coefficient of performance, which has been reduced to primary energy terms and which is determined following the requirements of Directive 2009/125/EC of the European Parliament and of the Council establishing a framework for the setting of eco-design requirements for energy-related products (OJ L 285, 31.10.2009, pp. 10−C0#3F35), must be at least 80 percent. (5) The limit value of the seasonal coefficient of performance provided for by subsection 4 of this section does not apply if the unadjusted payback period of the heating source to be installed is longer than 20 years. When determining the unadjusted payback period, the installation cost of the equipment and of the utility system connected to that equipment, as well as the total of the energy, maintenance and operating costs for a 20-year period, are taken into account. (6) When replacing the heating source of a heating system, the system is equipped with self-regulation equipment, provided this is technically feasible. (7) Where this is technically feasible and economically justified, the heating system of a building to be erected is furnished with self- regulation equipment which controls temperature in each room to be heated or in the area to be heated in each of the building’s parts. [RT I, 30.06.2020, 9 – entry into force 01.07.2020] § 693. Assessment of the energy performance of a utility system with a significant impact on the building’s energy performance (1) When a utility system with a significant impact on the building’s energy performance is installed, replaced or remodelled, the energy performance of the installed, replacement or remodelled system is assessed. The assessor enters the particulars of the assessment in the register of construction works electronically. (2) To assess the energy performance of an existing building’s heating or cooling system whose rated capacity exceeds 70 kilowatts and which may or may not include a ventilation system, an inspection of the building’s utility system is performed. In the course of the inspection, the effectiveness and capacity of the heating source or the cooling equipment or, where the system is a combined one, also of the ventilation unit, is assessed based on the building’s heating or cooling need. The assessor enters the particulars of the assessment in the register of construction works electronically. (3) When filing the application for a use and occupancy permit, or a use and occupancy notice, the assessment of the energy performance of a heating or cooling system whose rated capacity exceeds 70 kilowatts is annexed to such an application or such a notice. (4) Where, subsequently to an energy performance assessment under subsection 2 or subsection 3 of this section, the heating or cooling system, which may or may not include a ventilation system, has not been modified, or the building’s heating or cooling need has not changed, the assessment is not repeated. (5) An assessment of the energy performance of the heating or cooling system under subsection 2 or subsection 3 of this section is not conducted if: 1) an energy efficiency agreement within the meaning of the Energy Sector Organization Act has been concluded for improving the energy performance of the heating or cooling system, which may or may not include a ventilation system; 2) an automation system meeting the requirements provided for by subsection 2 of § 694 of this Act has been installed in the building. (6) The minister responsible for the area makes regulations to enact the rules for assessing the energy performance of a utility system with a significant impact on the building’s energy performance, the list of particulars to be entered in the register of construction works concerning the assessment and the rules concerning the filing of those particulars. [RT I, 30.06.2020, 9 – entry into force 01.07.2020] § 694. Improving the energy performance of a heating or cooling system of a non-residential building (1) To improve the energy performance of a non-residential building’s actual or designed heating or cooling system whose rated capacity exceeds 290 kilowatts and which may or may not include a ventilation system, the building’s owner installs in it an automation system, provided this is technically feasible and economically justified. Information concerning the technical feasibility and economic justifiability of an automation system of an existing non-residential building is filed electronically in the register of construction works and information concerning a designed non-residential building is annexed to the application for a use and occupancy permit or to the use and occupancy notice. (2) An automation system installed in order to comply with the requirement provided for in subsection 1 of this section must: 1) make it possible to constantly control and monitor the building’s energy consumption and to collect and analyze the building’s energy performance consumption data; 2) make it possible to analyze the building’s energy performance in a comparative manner so as to ascertain any reductions in the energy performance of the building’s utility systems, in order to notify building’s owner or the operator of the building’s utility systems of possibilities for improving the energy performance; 3) provide for data transmission between a utility system with a significant impact on the building’s energy performance, which is connected to the building’s automation system, and other equipment located in the building; 4) provide for interoperability between technical solutions, equipment and utility systems with a significant impact on the building’s energy performance which belong to different manufacturers. [RT I, 30.06.2020, 9 – entry into force 01.07.2020] https://www.riigiteataja.ee/en/eli/ee/526022021001/consolide/current 22/37 29.6.2021 Building Code – Riigi Teataja Chapter 8 Protection Zone of Construction Works § 70. Protection zone of construction works (1) The protection zone of a construction work is the land underneath and around the construction work within which the owner of the registered immovable is obligated to tolerate the presence of a construction work belonging to another and within which the use of the registered immovable and operations on the registered immovable are restricted for the purposes of safety and of ensuring the functionality of the construction work. (2) In the protection zone, it is prohibited: 1) to endanger the construction work or any use of the construction work that follows established procedure; 2) to build another construction work subject to building permit requirement, including the removal or heaping of soil; 3) to obstruct access to the construction work; 4) to obstruct maintenance of the construction work, including the installation of signs to alert the observer to the location of the construction work that has a protection zone or to the danger posed by such construction work; 5) to obstruct the preservation of the plant life or soil within the protection zone in a condition that does not endanger the construction work; 6) to pursue any other activities provided by law. (3) The restrictions of the protection zone may be derogated from with the consent of the owner of the construction work that enjoys the protection zone, provided this does not reduce the safety of the construction work. The owner of such a construction work may not charge a fee for giving their consent or demand the establishment of additional restrictions that are not related to safety. The owner may not refuse to give their consent without valid reasons. The owner is entitled to demand that any person carrying out operations within the protection zone act under their immediate supervision. (4) The owner of a construction work that enjoys a protection zone provides information regarding the location of that construction work free of charge to the owner of the registered immovable and to any lawful user of the immovable. (5) The owner of a construction work that enjoys a protection zone must: 1) act in a manner that entails the least possible infringement of the rights of the owner of the registered immovable; 2) when exercising their rights, take into consideration the legitimate interests of the owner of the registered immovable, including giving reasonable advance notice to the owner of the land of any building work or repair work before the commencement of such work; 3) ensure the preservation of the registered immovable in good condition during any maintenance work performed on the construction work that enjoys a protection zone and, once the maintenance work has been completed, restore the registered immovable to its former condition, except where restoration to the former condition would contravene the restrictions of the protection zone. (6) If several construction works that enjoy a protection zone are built on the same registered immovable, the greatest possible spatial overlap of the protection zones and the least possible encumbrance of the registered immovable must be preferred where this is possible. It is deemed possible that a construction work that enjoys a protection zone may be built in the protection zone of another construction work that enjoys a protection zone. (7) The information regarding the existence of a protection zone, its content and spatial extent is entered in the Land Cadastre. The information to be entered in the Land Cadastre is provided by the owner of the construction work that enjoys the protection zone. If, after the building of a new construction work or after changing the location of an already existing construction work the application for entering the information concerning the protection zone in the Land Cadastre has not been filed with the Land Cadastre within 30 days following the completion of the building of the construction work or following its relocation, the obligation to tolerate the construction work does not arise and the owner of the registered immovable is entitled to demand the removal of the construction work from the registered immovable. (8) The minister responsible for the area makes regulations to establish the extent of protection zones, their protection and marking out and the recommendations for carrying out operations within protection zones. § 71. Protection zone of public roads (1) The protection zone of a public road is the area of land that surrounds the road and allows for the protection of the road, permits the organization of road maintenance, allows for safe traffic on the road and reduces the negative impact that is produced by the road with respect to the environment and the hazard that the road represents for people. If the road is a public road, it has a protection zone. (2) The width of the protection zone of a road designated by the UN Economic and Social Council (hereinafter, the 'road in the European road network') is up to 50 metres from the outer edge of the outermost lane on both sides of the road. The width of the protection zone of other roads is up to 30 metres from the outer edge of the outermost lane on both sides of the road. The owner of the road may reduce the width of the protection zone where this is warranted by the circumstances. (3) The width of the protection zone of a street is up to 10 metres from the outer edge of the outermost lane on both sides of the street. The width of the protection zone may be extended up to 50 metres where this is stipulated in the comprehensive plan or detailed spatial plan. § 72. Operations within the protection zone of roads (1) In the protection zone of a road, it is prohibited to: 1) install any lighting equipment, information or advertising device that disturbs traffic on the road; 2) hold sports events and other public events; 3) extract mineral resources and earth materials; 4) carry out forest clearcutting operations; 5) perform land improvement operations that entail a change in the water regime. (2) The owner of the registered immovable to which the protection zone of the road extends must permit the removal of plantations, trees or bushes that restrict visibility or the removal of any civil engineering works that pose a traffic hazard. The owner of the registered immovable must allow the installation of temporary snow fences, the erection of snow walls and ditches to block drifting snow and must allow snow to be removed to land outside the road area provided this does not obstruct access to the registered immovable. https://www.riigiteataja.ee/en/eli/ee/526022021001/consolide/current 23/37 29.6.2021 Building Code – Riigi Teataja (3) Detours may be constructed and built and another registered immovable used for their maintenance only on contractual basis. In the event of an accident or natural disaster, the making of the contract is not required. The owner of the registered immovable must be paid compensation for any damage resulting from the temporary use of the registered immovable. (4) In areas where the preparation of a detailed spatial plan is mandatory, buildings that are subject to the detailed spatial plan requirement may be built in the protection zone of the road if this is permitted in the detailed spatial plan or in the national or local special spatial plan. § 73. Protection zone of railways (1) The protection zone of a railway includes the ground underneath the railway and extends to 30 metres from the axis of the track or, in multitrack railways and railway stations, from the axis of the outermost track. (2) In the protection zone of a railway, it is prohibited to endanger rail traffic and to obstruct visibility on the railway. (3) In addition to permission of the owner of the railway, the permission of the Consumer Protection and Technical Regulatory Authority is required to carry out the following operations in the protection zone of a railway: 1) the creation of land improvement systems, extraction of mineral resources, performance of excavation work; 2) renewal cutting of forest and other work that changes the natural environment; 3) production and storage of flammable substances or explosives; 4) installation and storage of equipment and materials if this jeopardises visibility in the protection zone; 5) any building work performed on a construction work. (4) Where this is warranted by the circumstances, the Consumer Protection and Technical Regulatory Authority is authorized to require the drawing up of a risk analysis or other relevant analysis in order to assess the impact of the envisaged operations on the condition of the railway and on railway traffic. (5) Where a grove of trees located in the protection zone obstructs the visibility needed for ensuring the safety of railway traffic or where a grove located within ten metres from the axes of the track is the source of a potential risk of fire and the owner of the registered immovable does not file the notice of forest cutting operations or does not cut the grove, or where the visibility needed for ensuring the safety of railway traffic is obstructed or the source of the potential risk of fire is represented by other plants that do not qualify as woodland and the owner of the registered immovable does not clear these plants, the railway infrastructure manager or other owner or operator of the railway is authorized to arrange, in the railway protection zone and in order to ensure the safety of railway traffic, the cutting of the grove or the clearing of other plants. The railway infrastructure manager or other owner or possessor of the railway informs the owner of the registered immovable in advance of the corresponding operations and of the measures to be taken while performing them. § 74. Protection zone of a public water supply or sewerage construction work (1) The protection zone of a public water supply or sewerage construction work is an area of land that surrounds such a construction work and in that the use of a registered immovable has been restricted in order to ensure the safety and protection of that construction work. (2) In the protection zone of a public water supply or sewerage construction work, it is prohibited to: 1) store materials and carry out any blasting, drilling, excavation, pile ramming, mineral resource extraction, land raising, flooding or land drainage operations, and, near construction works, also any lifting operations; 2) near a public water supply or sewerage construction work that is located in a water body, perform any dredging operations or remove soil, dispose of solid substances, anchor water craft, or drag anchors, chains, logs, trawls or nets. § 75. Protection zone of pressure equipment (1) The protection zone of pressure equipment is the land area which surrounds the pressure equipment that constitutes an independent construction work, and within which the use of the registered immovable has been restricted in order to ensure the safety and protection of the pressure equipment. (2) In the protection zone of pressure equipment, it is prohibited to: 1) store waste, chemicals or fertilisers; 2) perform any blasting, drilling and excavation, as well as flooding, irrigation and land improvement operations, to store and move heavy objects and to arrange crossings of vehicles and to perform other work that may jeopardise the safety of the pressure equipment. § 76. Protection zone of gas installations (1) The protection zone of a gas installation is the land area which surrounds the gas installation that constitutes an independent construction work, and within which the use of the registered immovable has been restricted in order to ensure the safety and protection of the gas installation. (2) In the protection zone of a gas installation, it is prohibited to light fires and to grow trees. In the protection zone of a gas installation located in a water body, it is prohibited to perform dredging operations, anchor water craft or navigate with sunk anchors, chains, logs, trawls or nets. § 77. Protection zone of electrical installations (1) The protection zone of an electrical installation is the land area which surrounds an electrical installation within the meaning of the Electricity Market Act that constitutes an independent construction work, and within which the use of the registered immovable has been restricted in order to ensure the safety and protection of the electrical installation. (2) In the protection zone of an electrical installation, it is prohibited: 1) to store waste, materials and substances, to perform any kind of mining, loading, deepening, blasting and land improvement operations, to light fires, plant and cut trees; 2) to anchor water craft or navigate with sunk anchors, chains, logs, trawls or nets, to install traffic signs and buoys for water craft, and —in the protection zone of an electrical installation constructed as a submerged cable line—to harvest ice; 3) —in the protection zone of overhead transmission lines—to drive machines and mechanisms whose total height above ground with https://www.riigiteataja.ee/en/eli/ee/526022021001/consolide/current 24/37 29.6.2021 Building Code – Riigi Teataja or without cargo exceeds 4.5 metres; 4) —in the protection zone of overhead transmission lines of high-voltage installations—to build wired fences, to construct drinking sites for animals and to hold large-scale events; 5) —in the protection zone of overhead transmission lines and of underground cable lines—to work with impact mechanisms, to level ground, to perform topsoil work at a level deeper than 0.3 metres below ground or at a level deeper than 0.45 metres in land subject to ploughing, and to store and move heavy objects. § 78. Protection zone of communication installations (1) The protection zone of a communication installation is the land area which surrounds a communication installation that constitutes an independent construction work, and within which the use of the registered immovable has been restricted in order to ensure the safety and protection of the communication installation. A communication installation is taken to mean communication installation as defined in Chapter 10 of this Code. (1) In the protection zone of a communication installation, it is prohibited: 1) to perform any kind of mining, loading, deepening, blasting, flooding, irrigation and land improvement operations, to plant or cut trees, to remove tree stumps, to light fires, to use flammable materials and substances, to store waste, to obstruct access to the communication installation and, by any actions, to cause corrosion of the communication installation; 2) to climb a radio tower and to attach objects to a radio tower or to the fencing structures around the radio tower; 3) to perform deepening operations, to anchor water craft or navigate with sunk anchors, chains, logs, trawls or nets, to install traffic signs and buoys for water craft, and—in the protection zone of a communication installation located in a water body—to blast and harvest ice; 4) —in the protection zone of a communication installation constructed as an overhead transmission line—to drive machines and mechanisms whose total height above ground with or without cargo exceeds 4.5 metres; 5) —in the protection zone of a communication installation located in the ground—to work with impact mechanisms, to compact or level ground, to perform topsoil work at a level deeper than 0.3 metres below ground or at a level deeper than 0.45 metres in land subject to ploughing. Chapter 9 Communication Installations and Other Installations § 79. Scope of application (1) The provisions in this Chapter apply to communication installations and other installations. § 80. Communication installations and other installations (1) For the purposes of this Code, ‘other installations’ means equipment within the meaning of the Equipment Safety Act that is permanently installed in a construction work or that constitutes an independent construction work. Other installations are primarily: 1) electrical installations; 2) storage tanks and piping, including gas installations; 3) lifts; 4) cableways. (2) ‘Communication installation’ means a line or a line facility within the meaning of the Electronic Communication Act. (3) ‘Lift’ means: 1) a lifting device which is permanently installed in a construction work, which moves between the different levels of the construction work, whose platform or car moves along guides that are rigid and inclined at an angle of more than 15 degrees to the horizontal plane, and which is intended exclusively for the transport of people, or for the transport of people and objects, or exclusively for the transport of objects provided people may enter upon the platform or enter the car without difficulty and the platform or car is fitted with controls located inside the car or within the reach of the persons inside; 2) a lifting device that moves along a fixed course as provided in clause 1 of this subsection even if it does not move along rigid guides (for example, a scissor lift). (4) The platform or car is the part of the lift that is used to lift or lower the people or objects that are on it or in it. (5) The installer of a lift is the person who assumes responsibility for the design, manufacture, installation and placing on the market of the lift. The installer of a lift is its manufacturer within the meaning of the Product Conformity Act. § 81. Requirements for lifts and for the building of lifts (1) The lift and its safety components must conform to the requirements arising from the Product Conformity Act and the conformity of the lift and its safety components to these requirements must be proved following established procedure before the lift and its safety components are placed on the market and put into commission. (2) Access to the engine assembly and related equipment of the lift or cableway must be obstructed. Access to the engine assembly and related equipment of the lift or cableway must only be possible for repair and maintenance purposes or in the case of danger. (3) The shaft of the lift may not contain cables, pipes and other equipment that is not required for the functioning of the lift. The room that contains the lift's engine assembly and related equipment may not contain equipment that is not required for the operation of the lift if such equipment obstructs maintenance and repair operations on the lift. (4) The installer of the lift and the person responsible for the building of the construction work must provide information to each other in matters pertaining to the installation of the lift and take the necessary measures to ensure the conformity of the installation to the requirements and the safety of use of the lift. § 82. Requirements for the marking out of communication installations (1) The marking out of the location of a communication installation that is being designed or built is specified in the building design documentation of the communication installation and the owner of the registered immovable is asked for an opinion in the matter. https://www.riigiteataja.ee/en/eli/ee/526022021001/consolide/current 25/37 29.6.2021 Building Code – Riigi Teataja (2) Where the owner of the registered immovable desires this or where the owner of the communication installation deems this necessary, the location of a communication installation in use is marked out with above-ground stakes or with warning signs. (3) Unauthorized removal, relocation or damaging of the markings of a communication installation or reducing the visibility of the markings in any other manner is prohibited. § 83. Design specifications (1) Design specifications are required: 1) in relation to a communication installation, for the preparation of the building design documentation concerning a new line facility; 2) for the creation of a new electrical installation that crosses several registered immovables or 3) for increasing the nominal voltage of an existing electrical installation to 110 kilovolts or more. (2) Design specifications are not required for building a line or electrical installation or where the building of the line or installation is provided for in a detailed spatial plan or a national or local special spatial plan. § 84. Resolution of disputes arising in relation to communication installations (1) In resolving disputes arising in relation to communication installations, the Consumer Protection and Technical Regulatory Authority takes guidance from the provisions established in § 149 of Electronic Communications Act. (2) Disputes arising in relation to communication installations must be resolved within six months. § 841. Building permit for a thermal power station (1) In relation to the building or remodelling of a thermal power station, the application for the building permit is to be filed together with an analysis which meets the requirements of § 10 of the Energy Sector Organization Act of the costs and benefits of turning the thermal power station into an efficient cogeneration plant, if such an analysis is required under that section. (2) The building permit applied for in order to build or remodel a thermal power station is not granted if the building design documentation of the electrical installation of the thermal power station to be built or remodelled does not conform to a positive result of the analysis of costs and benefits referred to in subsection 1 of this section. [RT I, 05.07.2016, 3 – entry into force 15.07.2016] § 85. Use and occupancy notice and use and occupancy permit (1) If, in order to begin using a construction work, a use and occupancy notice has to be filed or a use and occupancy permit is required, and if the construction work or an installation in the construction work is subject to an audit or inspection requirement, the use and occupancy notice or the application for a use and occupancy permit has to be accompanied by an opinion resulting from a pre-use audit or from an inspection, which shows the construction work or installation to be in conformity with the requirements. [RT 30.12.2020, 2 – entry into force 01.03.2021] (2) In relation to a lift, conformity assessment in accordance with the Product Conformity Act functions as a pre-use audit and the declaration of conformity by the lift's manufacturer that is drawn up based on such an assessment functions as the opinion resulting from the pre-use audit referred to in subsection 1 of this section. Chapter 10 Railway Civil Engineering Works § 86. Scope of application The provisions in this Chapter apply to railway civil engineering works. § 87. Requirements for use and maintenance In addition to the requirements arising from this Act, the use and maintenance of railway civil engineering works is subject to the requirements arising from the Railways Act. [RT I, 30.10.2020, 1 – entry into force 31.10.2020] § 88. Design specifications (1) The preparation of building design documentation concerning a railway civil engineering work that is subject to the building permit requirement and that is listed in Annex 1 to this Code Design requires corresponding design specifications, except where such a civil engineering work is to be demolished. (2) Design specifications for a railway civil engineering work are issued by the Consumer Protection and Technical Regulatory Authority. [RT I, 30.10.2020, 1 – entry into force 31.10.2020] (3) Approval for design specifications of a railway civil engineering work has to be obtained from the local authority concerned. [RT I, 30.10.2020, 1 – entry into force 31.10.2020] § 89. Building notice and building permit To build a railway civil engineering work, a building notice is filed with the Consumer Protection and Technical Regulatory Authority or a building permit is issued by the Authority. [RT I, 30.10.2020, 1 – entry into force 31.10.2020] § 90. Use and occupancy notice and use and occupancy permit In order to start using a railway civil engineering work, the use and occupancy notice is filed with the Consumer Protection and Technical Regulatory Authority who also issues the use and occupancy permit. Chapter 11 https://www.riigiteataja.ee/en/eli/ee/526022021001/consolide/current 26/37 29.6.2021 Building Code – Riigi Teataja Roads § 91. Scope of application (1) The requirements in this Chapter apply to public roads and to private roads accessible to the public. (2) The building, design and maintenance of roads and the related activities are not subject to the provisions concerning the register of construction works. § 92. Definitions (1) ‘Road’ means a civil engineering work that is intended for the movement or traffic of humans, vehicles or animals. Tunnels, bridges, overpasses and other civil engineering works used for traffic and required for the functioning of the road are regard as parts of the road. (2) ‘Highway’ means a road that is located outside cities, towns or small towns and that is intended for vehicle and pedestrian traffic. (3) ‘Street’ means a road that is located in a city, town or small town. (4) A road may consist of different road types. (5) ‘Public road’ means a national road, local road and a private road appropriated for public use. Public roads may be used by everybody while observing the restrictions established in legislation. (6) ‘National road’ means a road that belongs to the State and in respect of which the duties of the owner are performed by the Transport Administration. (7) ‘Local road’ means a road in respect of which the duties of the owner are performed by the local authority. A local road may be a private road appropriated for public use, a road owned by the local authority or any other road that is necessary for the organization of local traffic and that is administrated by the local authority in accordance with a resolution of the local council. (8) ‘Private road accessible to the public’ means a road that has a public function as determined by its owner and that is not a national or local road. (9) ‘Road of the trans-European road network’ means a road that is located on the territory of Estonia and that is mentioned in Regulation (EU) No 1315/2013 of the European Parliament and of the Council. (10) The minister responsible for the area makes regulations to establish the list of road types and the list of civil engineering works that constitute a part of a road, the definitions of the terms related to the building and maintenance of roads and the list of national roads. § 93. Forest roads (1) ‘Forest road’ means a road that is situated on land retained in the ownership of the State and that is used predominantly for the management of public forests. A forest road may be used by anyone, unless the person or government agency who arranges the management of public forests has closed the forest road or a part of the road or restricted traffic on the road. (2) The person or government agency who arranges the management of public forests is authorized to enter into agreements concerning the use of forest roads and to arrange for the upkeep of such roads. (3) The minister responsible for the area makes regulations to establish the requirements for the condition of forest roads. (4) A forest road must be marked by a name or indication. (5) The person or government agency who arranges the management of public forests arranges for the building and upkeep of forest roads. (6) The person or government agency who arranges the management of public forests may close a forest road or a part of the road or restrict traffic on the road: 1) if the load-bearing part of the road has deteriorated due to the thawing of the ground, rain or other factors that significantly affect traffic and traffic may damage the road or traffic on the road is dangerous; 2) for the purpose of fire safety; 3) for the purpose of protecting the ecosystems of the forest; 4) for the purpose of preventing the commission of an offence; 5) for the purpose of ensuring safety during forestry work or 6) if the road is not needed for the management of public forests or for local traffic. (7) In order to close the forest road or restrict traffic, the person or government agency who arranges the management of public forests must install the required traffic control devices. (8) The minister responsible for the area may make regulations to establish the requirements for the marking of forest roads and the rules for the road marking system. § 94. Acquisition of private roads in the public interest or appropriation of private roads for public use [RT I, 29.06.2018, 1 – entry into force 01.07.2018] (1) A private road is appropriated for public use by the State or the local authority in whose area of administration the private road is located. (2) Acquisition of a private road in the public interest or subjection of a private road to compulsory possession is decided, in accordance with the rules provided in the Acquisition of Immovables in Public Interest Act, by the State or by the local authority in whose area of administration the private road is located. [RT I, 29.06.2018, 1 – entry into force 01.07.2018] (3) When a private road is appropriated for public use, the State or local authority assumes all obligations, rights and liability of the owner of the road. It is possible to stipulate, by a regulatory contract, that the obligations, rights and liability of the owner of the road https://www.riigiteataja.ee/en/eli/ee/526022021001/consolide/current 27/37 29.6.2021 Building Code – Riigi Teataja remain vested in the owner of the private road. [RT I, 29.06.2018, 1 – entry into force 01.07.2018] (4) Within 7 days from the entry into force of the decision on appropriating a private road for public use, the State or local authority presents that decision and, in a machine-readable form, the data concerning the spatial extent of the road, to the keeper of the Land Cadastre. [RT I, 29.06.2018, 1 – entry into force 01.07.2018] § 95. Right of pre-emption (1) When a registered immovable is sold that is crossed by an existing or envisaged road which, according to the detailed spatial plan, is to be appropriated for public use, the local authority in whose area of administration the registered immovable is located has the right of pre-emption. (2) The local authority does not have the right of pre-emption if the property is sold to the owner's spouse, descendant or parent, as well as to the owner’s brother, sister, or any of their descendants or to the Republic of Estonia, and also when the property sold is a commonhold apartment, the right of superficies or the right of commonhold apartment superficies. (3) A note concerning the fact that the registered immovable has been encumbered with the right of pre-emption referred to in subsection 1 of this section is recorded in the third division of the land register entry concerning the immovable following an application by the local authority who adopted the detailed spatial plan that provides for designating the existing or envisaged road for public use. The recording of the note does not require the consent of the owner of the immovable. The application and the recorded note must cite this Code and this section and the detailed spatial plan that provides for designating the existing or envisaged road for public use. (4) Where the entry in the Land Register shows that the registered immovable is encumbered with a right of pre-emption within the meaning of this section, the notary public, within five business days from authenticating the sales or other agreement that stipulates the obligation to acquire or transfer the registered immovable, transmits a notarially certified copy of the agreement by electronic means to the local authority in whose area of administration the registered immovable or construction work that is being sold is located, in order for the local authority to decide on the exercise of the right of pre-emption. (5) The right of pre-emption provided in this section may not be exercised in respect of property that is sold by way of compulsory enforcement or as part of insolvency proceedings, and when immovable property is subjected to acquisition in the public interest, including to compulsory acquisition. Where an auction is to be held in respect of immovable property whose entry in the Land Register shows that it is encumbered with a right of pre-emption within the meaning of this section, the enforcement agent or trustee in bankruptcy transmits, at least ten days before the auction is held, the corresponding notice to the local authority in whose territory the immovable property is located. [RT I, 29.06.2018, 1 – entry into force 01.07.2018] § 96. Requirements for the building of roads (1) When building or designing any tunnels whose length exceeds 500 metres, regard must be had to the requirements established in Directive 2004/54/EU of the European Parliament and of the Council on minimum safety requirements for tunnels in the trans- European road network. (2) The minister responsible for the area may make regulations to establish the requirements for the building and designing of tunnels whose length exceeds 500 metres and to designate the authority responsible for ensuring the safety of the tunnel. (3) The minister responsible for the area makes regulations to establish the quality requirements for the building of roads. § 97. Road maintenance (1) Roads and any civil engineering works necessary for the functioning of the road must be maintained such that they conform to the requirements and such that the conditions for safe traffic are ensured. (2) The minister responsible for the area makes regulations to establish the requirements for the condition of roads. (3) At level crossings, building and maintenance work on the intersection is performed and conditions for safe traffic are ensured by the owner of the road, the railway infrastructure manager or the owner or possessor of the railway within the extent of the registered immovable in their possession, except for winter maintenance work which is to be performed by the owner of the road to the extent of the entire area of the level crossing. The owner of the road, the railway infrastructure manager or any other owner or possessor of the railway conclude an agreement that stipulates the details pertaining to winter maintenance work. (4) At the crossing of roads belonging to different owners, each owner is responsible, within their registered immovable, for the condition of the road that is necessary for ensuring safe traffic. (5) The upkeep of a non-road civil engineering work, including a soil amelioration or hydro-technical civil engineering work, that is located on the road and that is owned by another person is ensured by the owner of the non-road civil engineering work, which does not preclude the responsibility of the owner of the road to the person who sustained damage due to the non-conformity of the road to the requirements for road condition. The owner of the non-road civil engineering work is liable to compensate the owner of the road in accordance with the rules established in the Law of Obligations Act. (6) In a city, town and small town, the owner of the land adjacent to the road must arrange the clearing of the pavement that runs between their registered immovable and the carriageway, including snow clearing and gritting to an extent that allows for safe pedestrian traffic on the pavement. (7) The undertaking that maintains a national road is deemed a provider of the vital service referred to in clause 4 of subsection 1 of § 36 of the Emergencies Act. [RT I, 03.03.2017 – entry into force 01.07.2017] (8) The undertaking that maintains a local road and that operates in a densely populated area in the territory of a local authority that has at least 10,000 residents, is deemed a provider of the vital service referred to in clause 2 of subsection 4 of § 36 of the Emergencies Act. [RT I, 03.03.2017 – entry into force 01.07.2017] https://www.riigiteataja.ee/en/eli/ee/526022021001/consolide/current 28/37 29.6.2021 Building Code – Riigi Teataja (9) The undertaking that maintains a local road is deemed a provider of services of general economic interest for the purposes of the General Part of the Economic Activities Code Act. [RT I, 03.03.2017 – entry into force 01.07.2017] § 98. Owner supervision When building a road subject to building permit requirement, owner supervision must be performed. § 99. Building design documentation and design specifications (1) Design specifications are required for the preparation of the building design documentation concerning any road that is subject to building permit requirement and that is named in Annex 1 to this Code, provided the exact location of the road has not been determined in the relevant spatial plan. (2) The design specifications for the road, except for national roads, are issued together with the traffic arrangement requirements by the local authority. The design specifications for national roads are issued by the Transport Administration. (3) When connecting to an existing road or constructing utility network lines within the road area, the building design documentation must be approved by the owner of the road. The owner of the road may stipulate requirements, above all, in respect of: 1) materials; 2) measurements; 3) structural parameters; 4) technology. (4) The minister responsible for the area makes regulations to establish standards for the designing of roads. § 100. Documentation of the building work performed on roads The documents concerning building work performed on a national road must be handed over to the Transport Administration and the documents concerning building work performed on a local road must be handed over to the local authority. § 101. Building notice and building permit (1) In order to perform building work on a road, a building notice is filed with the local authority, or a corresponding building permit is issued by the local authority. (2) In order to perform building work on a national road, a building notice is filed with the Transport Administration, or a corresponding building permit is issued by the Transport Administration. (3) Where a road is to be built together with other construction works that form a functional whole with it, the authority to issue the building permit may consolidate the proceedings concerning the issuing of the building permits concerned. § 102. Audits (1) The obligations of the competent authority specified in Directive 2008/96/EU of the European Parliament and of the Council on road infrastructure safety management (OJ L 319, 29.11.2008, pp. 59–67) are performed with regard to national roads by the Transport Administration and with regard to local roads by the local authority, who also arrange, with regard to the roads of the trans-European road network and following the requirements of the Directive, the performance of the road safety impact assessment and road safety audits, the determination of road safety rankings and the safety inspection of the roads. (2) The minister responsible for the area makes regulations to establish: 1) the conditions for road safety impact assessments and the requirements for performing the assessments; 2) the conditions for road safety audits and the requirements for performing the audits; 3) the conditions for determining the road safety ranking and the requirements for the determination of road safety rankings; 4) the conditions for road safety inspections and the requirements for the conduct of road safety inspections; 5) the training curricula for road safety engineering and accident analysis. § 103. Register of roads (1) The purpose of the Register of Roads is to process and disseminate information concerning roads. (2) The Government of the Republic, by regulation, establishes the Register of Roads and enacts its constitutive regulations. (3) The controller of the data in the Register of Roads is the Transport Administration. (4) The information in the Register of Roads includes: 1) technical specifications of the road; 2) specifications concerning the civil engineering works required for the functioning of the road. (5) The Register of Roads consists of: 1) the Database of National Roads; 2) the Database of Local Roads; 3) the Database of Private Roads Assigned for Public Use. (6) The information in the Register of Roads is accessible to the public. (7) The owner of a road is obligated to file the particulars of the road within 30 days following acceptance of the road or following the issue of a use permit in respect of the road. (8) The constitutive regulations may also provide for the possibility of other roads, which are not regulated in this part of the Code or in this Code, being registered in the Register of Roads. (9) The information in the Register of Roads is disseminated through the Register's website. Chapter 12 Construction Works in Public Water Bodies https://www.riigiteataja.ee/en/eli/ee/526022021001/consolide/current 29/37 29.6.2021 Building Code – Riigi Teataja § 104. Scope of application (1) The provisions of this Chapter apply to the building, in public waterbodies, of construction works that have a permanent connection to the shore and of construction works that do not have such connection. (2) Submerged cable lines, pipelines and other utility network lines and utility works that are connected to the shore, as well as construction works that are connected to the shore by means of submerged cable lines, pipelines and other utility network lines and utility works, are not deemed to constitute construction works that have a permanent connection to the shore. (3) The provisions of this Chapter do not apply to the deepening of water bodies, to navigation signs and to the building of bridges that form a part of the road. (4) Any monuments located in public water bodies are subject to the special rules provided in the Heritage Conservation Act. § 105. Design specifications (1) The design specifications for construction works that are located in a public water body and that have a permanent connection to the shore are issued by the local authority within whose area of administration the registered immovable that is located on the shoreline and that is to support the building of the construction work is situated. (2) Unless otherwise provided by law, design specifications are not required for the preparation of building design documentation concerning construction works that do not have a permanent connection to the shore. (3) Where necessary, the local authority issues design specifications for the following construction works that do not have a permanent connection to the shore (hereinafter, ‘construction work functionally connected to the shore’): 1) a harbour facility required to service water craft, including any quays, protection moles or breakwaters; 2) a water traffic facility that is functionally connected to the harbour; 3) a utility network line or utility work required to service the construction works referred to in clauses 1 and 2 of this subsection; 4) a civil engineering work that is located in a public water body and that is required to service a construction work located on the shore, except for any utility network lines or utility works that cross the national border or an administrative boundary between counties; 5) a sport or recreation facility that does not have a permanent connection to the shore and that services a bathing beach. § 106. Building notice (1) In order to build, in a public water body, the construction work that has a permanent connection to the shore or that is functionally connected to the shore, a building notice is filed with the local authority. (2) In order to build, in a public water body, the construction work that has no permanent connection to the shore, a building notice is filed with the Consumer Protection and Technical Regulatory Authority. (3) In order to build, in a public water body, the construction work that is functionally connected to the shore or that has no permanent connection to the shore, a superficies licence is filed together with the building notice. § 107. Authority competent to issue building permits (1) The competent authority to issue the building permit for building, in a public water body, a construction work that has a permanent connection to the shore or that is functionally connected to the shore is the local authority. (2) The competent authority to issue the building permit for building, in a public water body, a construction work that has no permanent connection to the shore is the Consumer Protection and Technical Regulatory Authority. § 108. Application for a building permit (1) Applications for a building permit concerning construction works that have a permanent connection to the shore or that have no such connection state, in addition to the particulars required under the General Part of this Code, the coordinates and surface area to be occupied by the construction work, or the coordinates and the surface area subject to building work. (2) An application for a superficies licence or the superficies licence is filed together with the application for a building permit concerning a construction work that has no permanent connection to the shore. If the application for the building permit is filed together with the application for a superficies licence, proceedings concerning the issue of the building permit are suspended until the superficies licence is issued. (3) When filing an application for a building permit concerning a construction work that does not have a permanent connection to the shore, the requirements applicable by virtue of the General Part of this Code, and by virtue of subsection 2 of § 218 of the Water Act to the application for a superficies licence are taken as guidance. [RT I, 22.02.2019, 1 – entry into force 01.10.2019] (4) Where, in respect of the area identified in the application, other proceedings for the issue of a building permit or superficies licence have been opened, and the nature of the construction work to be built based on those proceedings is such as to rule out the issue, in respect of the area, of a second superficies licence, the competent authority may return the application for a building permit without considering it. § 109. Procedure for issuing building permits (1) The competent authority may, by way of ancillary conditions to the building permit for a construction work that is located in a public water body and that has or does not have a permanent connection to the shore, in addition to the conditions contained in the General Part of this Code, establish: 1) the time limit for demolishing the construction work and removing it from the public water body, and the related conditions, or 2) conditions connected to the use and operation mode of the construction work. (2) The competent authority refuses to issue the building permit for a construction work that is located in a public water body and that has or does not have a permanent connection to the shore, in addition to the conditions contained in the General Part of this Code, under the conditions provided in § 223 of the Water Act. [RT I, 22.02.2019, 1 – entry into force 01.10.2019] https://www.riigiteataja.ee/en/eli/ee/526022021001/consolide/current 30/37 29.6.2021 Building Code – Riigi Teataja (3) The building permit for building a construction work that is located in a public water body and that does not have a permanent connection to the shore is valid for ten years. § 110. Use and occupancy notice (1) In order to use and occupy a construction work that is located in a public water body and that has a permanent connection to the shore or that is functionally connected to the shore, the use and occupancy notice is filed with the local authority. (2) In order to use and occupy a construction work that is located in a public water body and that does not have a permanent connection to the shore, a use and occupancy notice is filed with the Consumer Protection and Technical Regulatory Authority. (3) Where the building, in a public water body, of a construction work that has a permanent connection to the shore, led to a shift in the shoreline of the water body and to an increase in the surface area of the registered immovable located on the shore, the use and occupancy notice may be filed only after the shift of the shoreline and the increase of the registered immovable located on the shore have been recorded in the Land Cadastre and in the Land Register. § 111. Authority competent to issue use and occupancy permits (1) The competent authority to issue the use and occupancy permit in respect of a construction work that is located in a public water body and has a permanent connection to the shore or that is functionally connected to the shore is the local authority. (2) The competent authority to issue the use and occupancy permit in respect of a construction work that is located in a public water body and has no permanent connection to the shore is the Consumer Protection and Technical Regulatory Authority. § 112. Applications for use and occupancy permit Applications for use and occupancy permit concerning construction works that have a permanent connection to the shore or that have no such connection state the coordinates and surface area of the area occupied by the construction work or of the area subject to building work. § 113. Procedure for issuing use and occupancy permits (1) The competent authority may, by way of ancillary conditions to the use and occupancy permit for a construction work that is located in a public water body and that has or does not have a permanent connection to the shore, in addition to the conditions contained in the General Part of this Code, establish: 1) the time limit for demolishing the construction work and removing it from the public water body, and the related conditions, or 2) conditions connected to the use and operation mode of the construction work. (2) The competent authority refuses to issue the use and occupancy permit for a construction work that is located in a public water body and that has or does not have a permanent connection to the shore, in addition to the conditions contained in the General Part of this Code, if the construction work: 1) contravenes the interests of national security; 2) may disturb air traffic, vessel traffic on shipping lanes or in a harbour, or disturb the safe mooring of water craft; 3) contravenes the conditions established in the superficies licence or 4) contravenes another public interest. (3) Where the building, in a public water body, of a construction work that has a permanent connection to the shore, led to a shift in the shoreline of the water body and to an increase in the surface area of the registered immovable located on the shore, the use and occupancy permit is issued only after the shift of the shoreline and the increase of the registered immovable located on the shore have been recorded in the Land Cadastre and in the Land Register and when, in accordance with the Water Act, the fee for encumbering a public water body with a construction work has been paid. (4) The competent authority may refuse to issue the use and occupancy permit for a construction work that is located in a public water body and that does not have a permanent connection to the shore if the applicant is not a person of a member state of the European Union or the European Economic Area. (5) The use and occupancy permit for using and occupying a construction work that is located in a public water body and that does not have a permanent connection to the shore is valid until the expiration of the superficies licence on the basis of which the construction work was built, unless otherwise provided in the use and occupancy permit. Chapter 13 Construction Works that Serve National Defence Purposes, Construction Works of Security Authorities and Infrastructure at the National Border [RT I, 01.02.2019, 3 - entry into force 11.02.2019] § 114. Scope of application The provisions of this Chapter apply to construction works that serve national defence purposes, to construction works of security authorities and to infrastructure at the national border. The provisions of this Chapter apply to roads serving national defence purposes. [RT 01.02.2019, 3 – entry into force 11.02.2019] § 115. Definitions (1) For the purposes of this Code, ‘construction work that serves national defence purposes’ means any construction work belonging to the sphere of administration or in the possession of the sphere of administration of the Ministry of Defence, including any road that serves national defence purposes. (2) For the purposes of this Code, ‘construction work of a security authority’ means any construction work in the possession of a security authority. (3) For the purposes of this Code, ‘infrastructure at the national border’ means construction works required for guarding the national border. [RT 01.02.2019, 3 – entry into force 11.02.2019] https://www.riigiteataja.ee/en/eli/ee/526022021001/consolide/current 31/37 29.6.2021 Building Code – Riigi Teataja § 116. Documentation of building work The Government of the Republic makes regulations to establish the requirements for the documenting of the construction works serving national defence purposes, of the construction works of security authorities and of infrastructure at the national border. [RT 01.02.2019, 3 – entry into force 11.02.2019] § 117. Design specifications Design specifications are not required for the preparation of building design documentation regarding construction works serving national defence purposes, construction works of security authorities and infrastructure at the national border. [RT 01.02.2019, 3 – entry into force 11.02.2019] § 118. Building notice and building permit (1) To construct a construction work serving national defence purposes, a construction work of a security authority, or infrastructure at the national border, a building notice is filed with the Consumer Protection and Technical Regulatory Authority. The building notice is not required for the building of a road that serves national defence purposes. [RT 01.02.2019, 3 – entry into force 11.02.2019] (2) The building permit for a construction work serving national defence purposes, of a construction work of a security authority, or of infrastructure at the national border is issued by the Consumer Protection and Technical Regulatory Authority. The building permit is not required for the building of a road that serves national defence purposes. [RT 01.02.2019, 3 – entry into force 11.02.2019] (3) In the situations provided for by law, the building permit for a construction work serving national defence purposes and for a construction work of a security authority must respect the national special spatial plan. (4) No building permit must be applied for in order to demolish a temporary construction work serving national defence purposes. A temporary construction work serving national defence purposes is demolished within one year after its use has ceased. § 119. Use and occupancy notice and use and occupancy permit (1) The filing of a use and occupancy notice and the application for a use and occupancy permit is not required in order to use and occupy a construction work serving national defence purposes, a construction work of a security authority or infrastructure at the national border. [RT 01.02.2019, 3 – entry into force 11.02.2019] (2) The owner notifies the commencement of the use and occupancy to the Consumer Protection and Technical Regulatory Authority who enters the corresponding modification in the register of construction works. § 120. Restrictions related to building work around a construction work serving national defence purposes and to the building of construction works that have a potential impact on the construction work serving national defence purposes (1) In situations falling under this section, the erection, extension or remodelling of construction works is prohibited unless approved by the Ministry of Defence. The design specifications or, where there is no obligation to issue design specifications, the proposed building permit, or the building notice is referred to the Ministry of Defence for approval if: 1) a construction work whose height exceeds 28 metres is envisaged; 2) the envisaged construction work is situated in the protection zone of a construction work that serves national defence purposes; 3) the envisaged construction work may result in a reduction of the functional capacity of a construction work that serves national defence purposes. (2) The protection zone of a construction work serving national defence purposes extends, from the exterior wall of the building that serves national defence purposes or from the exterior boundary of the civil engineering work that serves national defence purposes or from the exterior boundary of the registered immovable, to: 1) up to 25 metres with respect to any construction work whose purpose of use may entail a danger to the construction work that serves national defence purposes, or to the fulfilment of the functions of such construction work; 2) up to 300 metres in cities, towns and small towns with respect to any construction work that may affect the functional capacity of the construction work that serves national defence purposes; 3) up to 2000 metres in villages with respect to any construction work that may affect the functional capacity of the construction work that serves national defence purposes. (3) The Ministry of Defence may, in the course of giving approval to design specifications, establish, by way of ancillary conditions, the requirement to obtain further approvals concerning the proposed building permit to be issued on the basis of the design specifications. (4) The Government of the Republic or, where it has delegated the corresponding authority to the minister responsible for the area, that minister, makes regulations to establish the functional capacity criteria of construction works that serve national defence purposes, the spatial extent of the restrictions and the particulars concerning construction works that affect the functional capacity of construction works that serve national defence purposes. (5) The provisions of this section do not apply to infrastructure at the national border. [RT 01.02.2019, 3 – entry into force 11.02.2019] § 121. Restrictions related to building work around construction works of security authorities Any building work within 50 metres from the boundary fence of the construction work of a security authority or, where there is no boundary fence, the exterior wall of the building or the exterior boundary of the civil engineering work has to be approved by the security authority, The security authority may prohibit building work in respect of a building or a civil engineering work if such building work may obstruct performance of the functions of the security authority or affect the security environment of the construction work of the security authority. Chapter 14 Drilled Wells, Boreholes and Dug Wells https://www.riigiteataja.ee/en/eli/ee/526022021001/consolide/current 32/37 29.6.2021 Building Code – Riigi Teataja § 122. Scope of application (1) The provision of this Chapter apply to the designing, construction, commissioning, conservation and demolition of drilled wells, boreholes and dug wells. (2) The redoing of drilled wells and boreholes is subject to sections 123–126 of this Code. § 123. Definitions (1) ‘Drilled well’ means wells drilled for water extraction, for ground water monitoring and for heat systems. (2) ‘Borehole’ means a hole drilled for ground water monitoring and for heat systems. (3) ‘Remodelling of a drilled well or borehole’ means the redoing of the drilled well or borehole, the addition of parts to the drilled well or borehole or the replacement of parts in order to improve the condition or repair a malfunction of the drilled well or borehole, or to extend its useful life. § 124. Approval of the location of drilled wells and boreholes (1) The person who envisages to construct a drilled well or borehole (hereinafter, ‘applicant’) must obtain the approval of the local authority regarding the location of the drilled well or borehole. The application for approval of the location of the drilled well or borehole includes: 1) the applicant’s name, registration number or personal identification code, contact information and, if the owner of the land is not the person who envisages to construct the drilled well or borehole, the consent of the owner of the land; 2) the address of the location envisaged for the drilled well or borehole, the name and cadastral code of the land unit; 3) the envisaged water extraction rate from the drilled well or borehole—in cubic metres per 24-hour day; 4) the purpose of use of the drilled well or borehole. (2) In the giving of approval for the location of the drilled well or borehole, the local authority has regard to the comprehensive plan and the detailed spatial plan, the public water supply and sewerage development plan and the existing service areas of the water undertaking. (3) The local authority approves the location envisaged for the drilled well or borehole, or refuses to approve it, within ten business days from receiving the application for approval of the location envisaged for the drilled well or borehole. § 125. Documenting the building of drilled wells and boreholes (1) The person who performs the work of drilling the well or borehole (hereinafter, ‘driller’) must during the drilling operations keep a drilling journal that records the following: 1) the location of the drilled well or borehole; 2) the time of performing the operation; 3) a description of the method of drilling and of isolation; 4) the diameter of the drill and of the casing, and a description of the geological section in correspondence with the drilling depth; 5) the method used for sediment evacuation; 6) the hydrogeological particulars of the drilled well or borehole. (2) The driller is required to file the particulars of the drilling journal, in the form established in accordance with subsection 6 of § 125 of this Code, with the Environmental Board who records that information in the environment register. § 126. Procedure for issuing building permits for drilled wells and boreholes (1) The competent authority refers the application for a building permit regarding a drilled well or borehole for approval to the Environmental Board. The Environmental Board approves the location of the drilled well or borehole, or refuses to approve it, within ten business days from receiving the application. (2) When referring the application for approval, in addition to those required under the General Part of this Code, the following documents are annexed to the proposed building permit: 1) the approval of the location of the drilled well or borehole; 2) the design documentation of the sanitary protection zone or of the supply zone of the water extraction point, if the drawing up of such documentation is required by legislation; 3) the building design documentation of the drilled well or borehole. (3) The Environmental Board is authorized to refuse its approval regarding the application for a building permit regarding the drilled well or borehole under subsection 1 of this section, if: 1) the building design documentation has been drawn up by a person who has not been authorized to perform hydrogeological work for the preparation of building design documentation for drilled wells or boreholes; 2) in choosing the location of the drilled well or borehole, the geological or hydrogeological conditions of the area, the possibility of establishing a due sanitary protection zone, maintenance zone or supply zone or the impact radius of existing drilled wells or boreholes in the area have not been taken into account; 3) the depth of the drilled well as provided in the building design documentation does not allow for the water extraction rate or quality that is provided in the building design documentation; 4) the depth, structure or drilling method of the drilled well or borehole as provided in the building design documentation do not allow to observe the requirements of groundwater protection; 5) the choice of the aquifer to be opened by the drilled well or borehole as provided in the building design documentation is not justified given the purpose of using the water; 6) the extraction rate of the drilled well as provided in the building design documentation exceeds the approved unallocated reserve of groundwater in the area; 7) it is likely that the quality of the aquifer to be opened by the drilled well for public water supply does not conform to the quality requirements regarding groundwater that is used or intended to be used for the production of drinking water; 8) the applicant has not filed all required documents, or has knowingly filed false information. (4) In order to give its approval to the application for a building permit regarding a drilled well or borehole, the Environmental Board is authorized to require the applicant to conduct hydrological or hydrogeological investigations. https://www.riigiteataja.ee/en/eli/ee/526022021001/consolide/current 33/37 29.6.2021 Building Code – Riigi Teataja (5) Where the total extraction rate provided for in the building design documentation of a drilled well or wells for public water supply exceeds 500 cubic metres per 24-hour day, the Environmental Board is authorized, when giving its approval to the application for the corresponding building permit, to require the applicant to create groundwater monitoring boreholes in order to monitor the condition of water in the aquifer to be opened by the drilled well or wells for public water supply within the impact area of the groundwater extraction point or points. (6) The minister responsible for the area makes regulations to establish: 1) the requirements concerning the design, construction, commissioning, reconstruction and demolition of dug wells; [RT I, 22.02.2019, 1 – entry into force 01.10.2019] 2) the requirement concerning the structure and building design documentation of drilled wells and boreholes, and the building design documentation regarding their demolition or remodelling; 3) the rules to govern the designing, constructing, commissioning, remodelling, demolishing and conserving of drilled wells and boreholes; 4) the rules for approving the location of drilled wells or boreholes, the rules for the filing, for entry in the environment register, of the information contained in applications for building permits and for use and occupancy permits, in building notices and use and occupancy notices, in the drilling journal, as well as of the information concerning the drilled well or borehole, and the forms of notices of demolition of drilled wells or boreholes. § 127. Commissioning of drilled wells or boreholes (1) Where the yield of the drilled well as provided in the building design documentation exceeds 10 cubic metres per 24-hour day or where the well is used by more than 50 people, the application for a use and occupancy permit concerning the well includes, in addition to those required under the General Part of this Code, the following documents: 1) an extract from the environment register or a reference to the particulars recorded in that register in respect of the drilled well in respect of which the use and occupancy permit is applied for; 2) the name, registration number or personal identification code and contact information of the person who performs owner supervision; 3) the maintenance instructions of the drilled well. (2) The application for a use and occupancy permit in respect of a drilled well for public water supply is referred for approval to the Health Board. The Board does not approve the application in respect of the drilled well or wells for public water supply if the water extracted from the well, after being treated in accordance with the requirements, has a directly or indirectly negative effect on human health. (3) Where the yield of the drilled well as provided in the building design documentation is less than 10 cubic metres per 24-hour day or where the well is used by fewer than 50 people, the use and occupancy notice concerning the drilled well or borehole includes, in addition to those required under the General Part of this Code, the following documents: 1) an extract from the environment register or a reference to the particulars recorded in that register in respect of the drilled well or borehole; 2) the name, registration number or personal identification code and contact information of the person who performs owner supervision; 3) the maintenance instructions of the drilled well or borehole. § 128. Demolition of drilled wells or boreholes (1) The owner of a drilled well or borehole or the owner of the land is required to demolish any drilled well or borehole that is unfit for use, represents a danger to the condition of groundwater or no longer serves a useful purpose. (2) The competent authority refers the building design documentation concerning the demolition of a drilled well or borehole for approval to the Environmental Board. (3) The Environmental Board is authorized to refuse to give approval to the building design documentation for demolishing a drilled well or borehole if: 1) the drilled well or borehole constitutes a national environment monitoring station; 2) the local authority has provided valid reasons for the need for the drilled well as a reserve well for drinking water; 3) the building design documentation does not ensure compliance with the requirements of groundwater protection. (4) In addition to the competent authority, the notice of demolition of the drilled well or borehole is also filed with the Environmental Board. § 129. Conservation of drilled wells or boreholes The owner of a drilled well or borehole or the owner of the land is required to conserve any drilled well or borehole that has not been used for more than a year, and to notify this to the Environmental Board and the local authority. Part 3 REGULATORY ENFORCEMENT AND LIABILITY Chapter 15 Regulatory Enforcement § 130. Authority to perform regulatory enforcement (1) Regulatory enforcement of compliance with the requirements provided in this Code and the legislation enacted under it is performed by the authorities mentioned in this section. (2) A local authority performs regulatory enforcement by carrying out the following functions: 1) verifying whether the building or the building design documentation of construction works, including any construction work that has a permanent connection or functional link to the shore, conforms to the detailed spatial plan, the relevant local special spatial plan, the design specifications or other requirements rendered operative by the location of the construction work; https://www.riigiteataja.ee/en/eli/ee/526022021001/consolide/current 34/37 29.6.2021 Building Code – Riigi Teataja 2) verifying whether construction works or the building of construction works conforms to the requirements, including pre-use safety inspection of construction works; 3) verifying the existence of the building notice or building permit and the correspondence of the information stated in that notice or permit to actual facts; 4) verifying the existence of the use and occupancy notice or use and occupancy permit and the correspondence of the information stated in that notice or permit to actual facts; 5) verifying the correspondence of the upkeep and use and occupancy of construction works to the requirements rendered operative by the purpose of use of the construction works; 6) verifying whether the requirements for the use and protection of local roads are complied with. (3) The Consumer Protection and Technical Regulatory Authority performs regulatory enforcement by carrying out the following functions: 1) the functions listed in clauses 2–5 of subsection 2 of this section in relation to verifying the conformity to the requirements of railway civil engineering works, of pressurised piping and pressurised containers, of electrical installations, of communication installations, of lifts, cableways or other lifting equipment, of construction works that are located in public water bodies and that do not have a permanent connection to the shore, of construction works that serve national defence purposes, of construction works of security authorities and of infrastructure at the national border; [RT 01.02.2019, 3 – entry into force 11.02.2019] 2) the functions listed in clauses 2–5 of subsection 2 of this section, above all in relation to verifying whether the construction work is safe to use and occupy; 3) verification of the conformity of construction works built on the basis of a national special spatial plan to such a plan and to other requirements; 4) verification of compliance with the requirements for protection zones of construction works and for operations undertaken in such zones; 5) verification of compliance with the requirements established with respect to the energy performance of buildings, to energy performance certificates, to energy audits, to the charging infrastructure of existing non-residential buildings and to the installation of automation systems for improving the energy performance of the heating or cooling systems of non-residential buildings as provided for by subsection 1 of § 694 of this Act; [RT I, 30.06.2020, 9 – entry into force 01.07.2020] 51) verification of compliance with the requirement of determining the area of interest; [RT I, 15.12.2916, 1 – entry into force 01.01.2017] 6) verification of compliance with the requirements applicable to undertakings and competent persons; 7) in respect of buildings or parts of buildings which are in use and occupancy and in which services are provided that are intended for the general public, verification of compliance with the requirements related to special needs of disabled persons. [RT I, 12.12.2018, 3 – entry into force 01.01.2019] (4) Based on random sampling, the Consumer Protection and Technical Regulatory Authority verifies whether the energy performance certificates issued during the year conform to the requirements. The number of energy performance certificates that are verified must be sufficiently high to constitute a representative sample on which to base the assessment of such certificates’ conformity to the requirements. [RT I, 30.06.2020, 9 – entry into force 01.07.2020] (41) The verification conducted by the Consumer Protection and Technical Regulatory Authority in respect of energy performance certificates includes: 1) verification of input data that served as the basis for the issuing of the certificate and of the results shown on the certificate; 2) verification of the relevance of the input data and of the results and recommendations shown on the certificate; 3) comprehensive verification of input data that served as the basis for the issuing of the certificate and comprehensive verification of the relevance of the results and recommendations shown on the certificate, as well as, where possible, a visit to the building in order to verify whether the information shown on the certificate corresponds to the building in question. [RT I, 30.06.2020, 9 – entry into force 01.07.2020] (5) The Environmental Board performs regulatory enforcement of the requirements for use of construction works for environmental protection and nature protection purposes, in respect of radiation safety, in respect of the sanitary protection zones and maintenance zones of drilled wells or boreholes and dug wells, and of the requirements imposed on construction works with regard to the use of environmental protection resources and of natural resources in protected areas and in limited-conservation areas, in the conservation zones of individual protected natural objects, in permanent habitats and in the shoreline or bankline building ban zones. [RT I, 10.12.2020, 2 – entry into force 01.01.2021] (6) The Transport Administration performs regulatory enforcement: 1) in respect of the building of public roads, of the requirements concerning the condition of local authority roads, in respect of the protection zone and compliance with the requirements concerning the use and protection of national roads, and in respect of compliance with the requirements applicable in respect of undertakings connected to the building of roads and of competent persons; 2) to the extent provided in the Aviation Act, in respect of construction works located in the immediate vicinity of aerodromes and heliports or in respect of construction works otherwise connected to the safety of aviation; 3) in respect of compliance with the requirements related to the safety of maritime navigation and of navigation on inland waterways. [RT I, 10.12.2020, 2 – entry into force 01.01.2021] (7) [Repealed – RT I, 10.12.2020, 2 – entry into force 01.01.2021] (8) Police officials perform regulatory enforcement of the requirements concerning the use and protection, and condition, of national roads and local roads where a violation of the requirements is identified in the course of police work. (9) The National Heritage Board performs enforcement operations in accordance with the grounds and procedure provided in the Heritage Conservation Act. (10) The Rescue Board performs regulatory enforcement in respect of compliance with fire safety requirements for construction works. (11) The Health Board performs regulatory enforcement in respect of compliance with the health requirements concerning construction works. https://www.riigiteataja.ee/en/eli/ee/526022021001/consolide/current 35/37 29.6.2021 Building Code – Riigi Teataja (12) [Repealed – RT I, 10.12.2020, 2 – entry into force 01.01.2021] (13) The Agriculture and Food Board performs regulatory enforcement in respect of construction works used for the keeping of animals. [RT I, 01.07.2020, 1 – entry into force 01.01.2021] § 131. Special measures authorized in relation to the exercise of regulatory enforcement A law enforcement agency may, when exercising regulatory enforcement as provided for in this Code, apply the special measures of regulatory enforcement provided in §§ 30, 31, 32, 49, 50, 51 and 52 of the Law Enforcement Act on the grounds and following the procedure provided in that Act. § 132. Special rules concerning regulatory enforcement (1) The Consumer Protection and Technical Regulatory Authority may require the owner of the building to inform the public of the dangers connected with the building or, at the owner’s expense, itself inform the public of those dangers. (2) The measure provided for in § 50 of the Law Enforcement Act may only be applied when entering a construction work or part of construction work or, after the placing on the market of a construction product, when entering the premises on which that product is stored, installed or sold, or on which the product is used. (3) A law enforcement agency takes the decision to demolish a construction work primarily when: 1) the construction work does not conform to the requirements for construction works, and the non-conformity entails a significant or heightened danger; 2) the unlawful building of the construction work has resulted in a permanent negative impact on the owner of the registered immovable or the owners of the adjacent registered immovable, and that impact is excessively burdensome and it is not possible to sufficiently avoid or alleviate it. § 133. Rate of compulsory payment In the event of non-compliance with a compliance notice, a law enforcement agency may resort to a means of compelling compliance according to the rules provided in the Substitutive Performance and Penalty Payment Act. The maximum rate of compulsory payment is 6400 euros for compelling a natural person to comply and 64,000 euros for compelling a legal person to comply. Chapter 16 Liability § 134. Violation of requirements applicable to the construction work (1) Violation of the requirements applicable to the construction work, where the violation causes the construction work that has been built or is being built to pose a danger to property or the environment, is punishable by a fine of up to 300 fine units. (2) The same act, when committed by a legal person, is punishable by a fine of up to 32,000 euros. § 135. Violation of requirements applicable to building work (1) Violation of the requirements applicable to building work, where the violation causes the construction work to pose a danger to property or the environment, is punishable by a fine of up to 300 fine units. (2) The same act, when committed by a legal person, is punishable by a fine of up to 32,000 euros. § 136. Designing of construction work that does not conform to requirements (1) The preparation of building design documentation, if the construction work that has been built or is being built according to the building design documentation poses a danger to the life or health of humans, to property or to the environment, is punishable by a fine of up to 300 fine units. (2) The same act, when committed by a legal person, is punishable by a fine of up to 32,000 euros. § 137. Violation of the obligation to retain data (1) Failure to retain, in their full extent, for at least seven years, the building documentation or the particulars of the site investigations performed, the particulars concerning verification of the building design documentation, audit documentation, the particulars related to the issuing of energy performance certificates for buildings, or copies of these, where that failure significantly impedes assessment of the safety of a building, is punishable by a fine of up to 300 fine units. (2) The same act, when committed by a legal person, is punishable by a fine of up to 32,000 euros. § 138. Performance of building work without building permit (1) The performance of building work without a building permit, where the building permit was required, is punishable by a fine of up to 300 fine units. (2) The same act, when committed by a legal person, is punishable by a fine of up to 32,000 euros. § 139. Use and occupancy without use and occupancy permit (1) Use and occupancy without a use and occupancy permit, where a building permit was required, is punishable by a fine of up to 300 fine units. (2) The same act, when committed by a legal person, is punishable by a fine of up to 32,000 euros. § 140. Illegal operations in the protection zone of the construction work (1) In the event of operations in the protection zone of the construction work that do not conform to the requirements, where this results in danger to the life or health of humans, to property or to the environment, the punishment is a fine of up to 300 fine units. https://www.riigiteataja.ee/en/eli/ee/526022021001/consolide/current 36/37 29.6.2021 Building Code – Riigi Teataja (2) The same act, when committed by a legal person, is punishable by a fine of up to 32,000 euros. § 141. Proceedings Out-of-court proceedings concerning the misdemeanours provided for in §§ 134–140 of this Code are conducted, according to their sphere of competency, by: 1) the executive of the city or rural municipality; 2) the Consumer Protection and Technical Regulatory Authority; 3) the Environmental Board; [RT I, 10.12.2020, 2 – entry into force 01.01.2021] 4) the Transport Administration; [RT I, 10.12.2020, 2 – entry into force 01.01.2021] 5) the National Heritage Board; 6) the Rescue Board; 7) [Repealed – RT I, 10.12.2020, 2 – entry into force 01.01.2021]; 8) the Health Board; 9) the Agriculture and Food Board. [RT I, 10.12.2020, 2 – entry into force 01.01.2021] 10) [Repealed – RT I, 10.12.2020, 2 – entry into force 01.01.2021] § 142. Entry into force of this Code This Code enters into force at the time specified in the Act to Implement the Building Code and the Planning Act. 1Directive 2010/31/EU of the European Parliament and of the Council on the energy performance of buildings (OJ L 285, 31.10.2009, pp. 13–35), amended by Directive (EU) 2018/844 (OJ L 156, 19.06.2018, pp. 75–91) and Regulation (EU) 2018/1999 (OJ L 328, 21.12.2018, pp. 1–77); Directive 2012/27/EU of the European Parliament and of the Council on energy efficiency amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC (OJ L 315, 14.11.2012, pp. 1–56), amended by Directives 2013/12/EU (OJ L 141, 28.05.2013, pp. 28–29), (EU) 2018/844 (OJ L 156, 19.06.2018, pp. 75–91), (EU) 2018/2002 (OJ L 328, 21.12.2018, pp. 210–230) and (EU) 2019/944 (OJ L 158, 14.06.2018, pp. 125–199) and Regulations (EU) 2018/1999 (OJ L 328, 21.12.2018, pp. 1–77) and (EU) 2019/826 (OJ L 137, 23.05.2019, pp. 3–9); Directive 2004/54/EU of the European Parliament and of the Council on minimum safety requirements for tunnels in the trans-European road network (OJ L 167, 30.04.2004, pp. 39–91), amended by Regulation (EU) 596/2009 (OJ L 188, 18.07.2009, pp. 14–92); Directive 2008/96/EU of the European Parliament and of the Council on road infrastructure safety management (OJ L 319, 29.11.2008, pp. 59–67), amended by Directive (EU) 2019/1936 (OJ L 305, 26.11.2019, pp. 1–16); Directive 2014/33/EU on the harmonisation of the laws of the Member States relating to lifts and safety components for lifts (OJ L 96, 29.03.2014, pp. 251–308); Directive 2014/61/EU of the European Parliament and of the Council of 15 May 2014 on measures to reduce the cost of deploying high-speed electronic communications networks (OJ L 155, 23.05.2014, pp. 1– 14); Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications (OJ L 255, 30.09.2005, pp. 22–142), amended by Directives 2006/100/EC (OJ L 363, 20.12.2006, pp. 141–237), 2013/25/EU (OJ L 158, 10.06.2013, pp. 368–375) and 2013/55/EU (OJ L 354, 28.12.2013, pp. 132–170). [RT I, 10.07.2020, 3 – entry into force 15.07.2020] Annex 1 Tabulated overview of the obligation to file the building notice or building design documentation and to apply for building permit [RT I, 30.12.2020, 2 - entry into force 01.03.2021] Annex 2 Tabulated overview of the obligation to file the use and occupancy notice or building design documentation and to apply for use and occupancy permit [RT I, 30.12.2020, 2 - entry into force 01.03.2021] https://www.riigiteataja.ee/en/eli/ee/526022021001/consolide/current 37/37 Notification of national positive lists and other provisions under Article 11(3) of the recast Drinking Water Directive There are no national positive lists for materials in contact with drinking water in Estonia, but there are general provisions regarding materials that come into contact with drinking water in the Estonian legislation. By the regulation of minister of social affairs no 61 „Drinking water quality and control requirements and methods of analysis1“ paragraph 2, section 5, equipment, facilities and materials of the water supply system which come into contact with drinking water during the handling of drinking water shall not deteriorate the quality of drinking water or endanger human health directly or indirectly and must comply with paragraph 11 of the Building Code and requirements established thereon and must also comply with paragraph 22 of the Radiation Act. By paragraph 11 (Requirements for construction works) section 1 of the Building Code (english version in pdf enclosed), the building must meet the requirements for its use throughout its lifecycle and be safe during its existence. Inter alia by section 2 of paragraph 11, where relevant, the requirements for buildings encompass: 3) hygiene, health and the environment. By paragraph 22 (Optimization of exposure) of the Radiation Act, any exposure shall be kept as low as reasonably achievable, taking into account the economic and social factors. This provision is not directly related to the DWD but is needed for better implementation. More specifically, in Estonia, NORM waste (a certain type of radioactive waste) will be generated as a result of water treatment in certain parts of the country. If the filter material that releases radioactivity from water becomes saturated with radionuclides to a certain level, such material must be further treated as radioactive waste in accordance with the Radiation Act. In such a case, the water supplier should apply for a radiation practice license and comply fully with the requirements of the Radiation Act. Also, the treatment of water and thereby management of radioactive waste entails significantly higher doses for operators compared to people who consume such drinking water. Thus, ill-considered drinking water treatment is no better than not treating water, as it involves social, economic and environmental problems. A methodology has been developed and is currently being upgraded to take all aforementioned aspects (including health) into consideration regarding treatment of water. By the Regulation (EU) 305/2011 (laying down harmonised conditions for the marketing of construction products), the manufacturer takes responsibility for the conformity of the construction product with the declared performance. In the absence of objective evidence to the contrary, Member States shall presume the declaration of performance drawn up by the manufacturer (including any other documents required by law) to be accurate and reliable. Quality control regarding products is made radomly by the The Consumer Protection and Technical Regulatory Authority. Additionally, according to article 3 of Directive 2001/95/EC of the European Parliament and of the Council on general product safety, producers shall be obliged to place only safe products on the market. A product is presumed to be safe, as far as the risks and risk categories covered by the relevant national standards are concerned, when it conforms to voluntary national standards transposing European standards, the references of which have to be published by the Commission in the Official Journal of the European Union, in accordance with Article 4 of the Directive. The same principles are transposed into the Estonian legislation and thus general requirements for products placed on the market or put into service in Estonia are stated in Product Conformity Act (english version in pdf enclosed). First and foremost, a product that is not safe may not be placed on the market or put into service (§5(1)). The safety of a product is presumed where the product conforms to the requirements of the EU harmonisation legislation applicable to the product or where a product conforms to the requirements of the harmonised standard.