Planning Act


Published: 2012-01-01

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Planning Act

Passed 13.11.2002
RT I 2002, 99, 579
Entry into force 01.01.2003
Amended by the following legal instruments (show)

Passed
Published
Entry into force

24.03.2004
RT I 2004, 22, 148
08.04.2004

21.04.2004
RT I 2004, 38, 258
10.05.2004

23.11.2004
RT I 2004, 84, 572
01.04.2005

22.02.2005
RT I 2005, 15, 87
03.04.2005

06.04.2005
RT I 2005, 22, 150
08.05.2005

08.03.2006
RT I 2006, 14, 111
06.04.2006

21.02.2007
RT I 2007, 24, 128
26.03.2007

21.11.2007
RT I 2007, 67, 414
28.12.2007

19.03.2008
RT I 2008, 16, 114
21.04.2008

19.06.2008
RT I 2008, 30, 191
01.07.2008

18.12.2008
RT I 2009, 3, 15
01.02.2009

11.03.2009
RT I 2009, 19, 115
06.04.2009

20.05.2009
RT I 2009, 28, 170
01.07.2009

15.06.2009
RT I 2009, 37, 251
10.07.2009

15.06.2009
RT I 2009, 39, 262
24.07.2009

27.01.2010
RT I 2010, 8, 37
27.02.2010

22.04.2010
RT I 2010, 19, 101
01.06.2010

05.05.2010
RT I 2010, 24, 115
01.09.2010

20.05.2010
RT I 2010, 29, 151
20.06.2010

23.02.2011
RT I, 21.03.2011, 4
01.06.2011

08.12.2011
RT I, 29.12.2011, 1
01.01.2012, partially 01.01.2014 and 01.11.2014

Chapter 1 GENERAL PROVISIONS 

§ 1.  Scope of application and purpose of this Act

(1) This Act governs relations between the government, local authorities and other persons in the preparation of spatial plans.
(2) The purpose of this Act is to establish conditions for a balanced and sustainable spatial development, spatial planning, land use and building work and to ensure that these conditions take into account the needs and interests of the widest possible range of members of the Estonian society.
(3) For the purposes of this Act, spatial planning (hereinafter, ‘planning’) means a democratic and functional long-term planning for spatial development which co-ordinates and integrates the development plans of various fields and which, in a balanced manner, takes into account long-term directions and needs in the development of the economic, social, cultural and natural environment.
(4) The provisions of this Act also apply to construction works which are movables and to their owners or possessors.
(5) Strategic assessment of the environmental impact resulting from the implementation of spatial plans shall be organised in the cases and pursuant to the procedure provided in the Environmental Impact Assessment and Environmental Management System Act. Where this is possible, the procedure of strategic assessment of environmental impact shall be integrated with the procedure of preparing the corresponding spatial plan. In such a case, the requirements established in respect of both procedures must be complied with.
[RT I 2009, 28, 170 - entry into force 01.07.2009]
(6) Provisions of the Administrative Procedure Act apply to procedures prescribed in this Act without prejudice to the rules established in this Act.
[RT I 2009, 28, 170 - entry into force 01.07.2009]

§ 2.  Spatial plan

(1) A spatial plan is a document which is drawn up as a result of the planning process. A spatial plan consists of text and technical drawings which complement each other and constitute a single whole.
(2) The text of a spatial plan shall set out the goals of spatial development which are based on the spatial development analysis of the planning area and the descriptions and justifications of the planning solutions.
(3) Requirements for the formalisation of spatial plans shall be established by the Minister of Regional Affairs.
(4) Spatial plans shall include annexes which may contain:
1) information regarding cooperation and procedural steps taken in the course of planning;
2) pre-development data regarding the spatial plan, an analysis of the current situation and guidelines for development, interim decisions made in the course of drawing up the spatial plan and other documents drawn up in the process of planning;
3) the operational plan for implementation of the spatial plan and any agreements required for the implementation of the spatial plan;
4) other information which is related to the spatial plan and which requires preservation.
[RT I 2009, 28, 170 - entry into force 01.07.2009]

§ 3.  Principles of planning

(1) The drawing up of spatial plans is a public process. Public disclosure is mandatory in order to ensure the involvement of all interested parties and the timely provision of information to such parties and in order to enable the parties concerned to defend their interests in the process of drawing up a spatial plan.
(2) The preparation of detailed spatial plans is mandatory for areas located in cities and towns and for existing or envisaged clearly delimited built-up parts of small towns and villages in the following cases:
1) in the event of erection of new buildings, except for outbuildings of detached houses, outbuildings of summer-houses, outbuildings of garden houses and small buildings which occupy a ground surface area of up to 20m2, and serves as the basis for preparation of building design documentation for such new buildings;
2) in the event of expansion, in existing buildings, except for detached houses, summer-houses and garden houses and their outbuildings, of the volume above ground level by more than 33 percent, and serves as the basis for the preparation of building design documentation for the expansion of such existing buildings;
3) in the event of land areas being divided into plots.
[RT I 2009, 28, 170 - entry into force 01.07.2009]
(3) In respect of immovable property, land use and building conditions emanating from the law as well as restrictions emanating from the law may be established on the basis of a spatial plan as follows:
1) where preparation of a detailed plan is mandatory, on the basis of an adopted detailed plan;
2) where preparation of a detailed plan is not mandatory, on the basis of an adopted comprehensive plan.

§ 4.  Administration of planning work

(1) Administration and supervision of planning work at the national level is within the competence of the Ministry of the Interior, while administration and supervision of planning work in a county is within the competence of the county administration.
[RT I 2004, 22, 148 - entry into force 08.04.2004]
(2) Administration of planning work within the administrative territory of a municipality or city is within the competence of the corresponding local authority. The local authority shall:
1) ensure the existence of spatial plans which are required as a basis for land use and building work;
2) ensure, as a prerequisite to the adoption of a spatial plan, that public interests and values and the interests of the parties concerned are taken into consideration in a balanced manner in the process of planning;
[RT I 2009, 28, 170 - entry into force 01.07.2009]
3) ensure that adopted spatial plans are adhered to.
(3) Where it is envisaged to build, in a public water body adjoining the administrative territory of a municipality, a construction work which is to have a permanent connection to the shore, the relevant local authority shall also administrate the corresponding planning work pursuant to the procedures specified in this Act.
[RT I 2009, 37, 251 - entry into force 10.07.2009]

§ 5.  Building code of municipality or city

The local authority which governs a municipality or city shall establish a building code for the municipality or city in order to:
1) establish rules, except for land use and building conditions, concerning planning and building work in the municipality or city or parts thereof;
2) establish, with respect to the organisation of planning and building work, within the local authority an internal division of functions and the relevant procedures.
[RT I 2009, 28, 170 - entry into force 01.07.2009]

Chapter 2 TYPES OF SPATIAL PLANS  

§ 6.  National spatial plan

(1) The national spatial plan is prepared in respect of the entire territory of Estonia.
(2) The functions of the national spatial plan are to:
[RT I 2009, 28, 170 - entry into force 01.07.2009]
1) define the principles and directions of sustainable and balanced spatial development;
2) provide founding principles of spatial planning to guide regional development in Estonia;
3) provide directions concerning development of human settlement of Estonian territory;
4) provide directions concerning development of the national transport network and of technical infrastructure;
5) lay the foundations of a system which is comprised of natural and semi-natural biotic communities (hereinafter, ‘green network’) and which ensures the preservation of various types of ecosystems and landscapes and balances the impact of human settlement and economic activities;
6) establish the functions to be fulfilled by county-wide spatial plans.
(3) In the preparation of a national spatial plan, regard shall be had to the results of strategic assessment of environmental impact and of emergency risk analysis.
[RT I 2009, 39, 262 - entry into force 24.07.2009]

§ 7.  County-wide spatial plan

(1) A county-wide spatial plan is prepared either in respect of the entire territory of a county or a part thereof.
(2) A county-wide spatial plan may be prepared:
1) in respect of the territory or parts of the territory of several counties if there is mutual agreement between the county administrations concerned;
2) as a thematic spatial plan to specify or amend a county-wide spatial plan in force in accordance with the functions specified in subsection 3 of this section.
[RT I 2009, 28, 170 - entry into force 01.07.2009]
3) in respect of public water bodies.
[RT I 2010, 8, 37 - entry into force 27.02.2010]
(3) The functions of a county-wide spatial plan are to:
[RT I 2009, 28, 170 - entry into force 01.07.2009]
1) define the principles of and directions in the spatial development of the county;
2) balance national and local needs and interests with regard to spatial development;
3) lay the foundations of sustainable and balanced development and to link these to spatial development and, in a balanced manner, to take into account, in the preparation of spatial plans, the development needs of the economic, social, cultural and natural environment;
4) provide directions concerning the development of human settlement;
5) designate the areas and cases outside cities and towns in which preparation of a detailed plan is mandatory, unless such areas and cases have been designated in an adopted comprehensive plan;
6) designate densely populated areas within the meaning of the Land Reform Act where such have not been designated in the adopted comprehensive plan;
7) envisage measures to ensure preservation of natural resources, valuable arable land, landscapes and natural biotic communities, and the functioning of the green network;
8) define general conditions concerning the use of land and water areas;
9) define the land use conditions concerning mineral deposit areas and areas influenced by the mining of natural resources;
10) determine the location of the corridors of roads, railways, waterways and utility lines, the location of airfields, ports, sites for the final disposal of waste and other civil engineering works which fulfil a utility function;
11) take account, in planning, of protected areas and of the conditions for their use and, where necessary, to make proposals to amend such conditions, to establish new protected areas or to terminate a protection regime;
12) designate recreation areas and define conditions concerning their use;
13) designate national defence areas of nation-wide importance.
(4) An adopted county-wide spatial plan shall serve as the basis for the preparation of comprehensive plans for municipalities and cities. Where an adopted comprehensive plan is absent or where a comprehensive plan which was adopted before the county-wide spatial plan does not reflect the provisions of the latter, municipalities and cities shall base their preparation of detailed spatial plans on, and issue initial design specifications on the basis of, the adopted county-wide spatial plan.
[RT I 2009, 28, 170 - entry into force 01.07.2009]
(41) In the event of adoption of a county-wide spatial plan for encumbering a public water body with a construction work, the superficies licence defined in section 225(1) of the Water Act must comply with the requirements of that plan.
[RT I 2010, 8, 37 - entry into force 27.02.2010]
(5) When preparing a county-wide spatial plan, adopted comprehensive plans shall be taken into account or, by arrangement with the local authorities, proposals shall be made to amend the comprehensive plans.
(6) When preparing a county-wide spatial plan, the results of strategic assessment of environmental impact and of the emergency risk analysis shall be taken into account.
[RT I 2009, 39, 262 - entry into force 24.07.2009]

§ 8.  Comprehensive plan

(1) A comprehensive plan is prepared in respect of the entire territory of a municipality or city, or a part thereof.
(2) A comprehensive plan may be prepared:
1) in respect of the territory or parts of territory of several municipalities or cities if there is mutual agreement between the local authorities concerned;
2) as a thematic spatial plan to specify or amend the comprehensive plan in force in accordance with the functions specified in subsection 3 of this section.
[RT I 2009, 28, 170 - entry into force 01.07.2009]
(3) The functions of a comprehensive plan are to:
[RT I 2009, 28, 170 - entry into force 01.07.2009]
1) define the principles of spatial development of the municipality or city;
2) assess the potential economic, social and cultural impact of the proposed spatial development and its potential impact on the natural environment and, on the basis thereof, to establish conditions for sustainable and balanced spatial development;
3) determine general use and building conditions for land and water areas, including the principal purpose of land use and, if necessary, the height limit for buildings as well as other conditions;
[RT I 2009, 28, 170 - entry into force 01.07.2009]
4) designate the areas and cases where preparation of a detailed spatial plan is mandatory outside cities and towns;
5) designate densely populated areas within the meaning of the Land Reform Act;
6) designate built-up areas of cultural and environmental value, valuable arable land, parks, green areas, landscapes, individual features of landscapes and natural biotic communities, and establish conditions for their protection and use;
7) establish conditions to ensure the functioning of the green network;
8) define the location of roads, streets, railways, ports and airports and the general principles of traffic arrangements;
9) declare, where necessary, a road which lies on land that is in the ownership of a private individual or entity to be a public road pursuant to the procedure provided in the Roads Act;
10) determine measures to ensure the functioning of principal utility lines and of the civil engineering works related to such lines, as well as of existing land improvement systems;
[RT I 2008, 16, 114 - entry into force 21.04.2008]
11) designate recreation and leisure areas;
12) determine limited management zones and building exclusion zones on the shores and banks of water bodies pursuant to the procedure provided in the Nature Conservation Act;
13) make proposals, where necessary, for specification, amendment or termination of the protection regime for areas or objects placed under protection;
14) make proposals, where necessary, for placing areas and objects under protection;
15) take account of general national defence needs and, where necessary, to designate national defence areas and specify the boundaries of national defence areas designated in the county-wide spatial plan;
16) make proposals to prevent, by way of planning, the risk of crime in urban areas;
17) take into account in the plan the land use and building conditions arising from Acts of the Riigikogu and other legislation.
[RT I 2009, 28, 170 - entry into force 01.07.2009]
(31) The principal purpose of land use is the dominant purpose for which the territory governed by the comprehensive plan is used and which determines the main directions in the further land use of the entire defined region or block.
[RT I 2009, 28, 170 - entry into force 01.07.2009]
(4) Provided there is a justified need, a comprehensive plan may include proposals to amend an adopted county-wide spatial plan.
(5) [Repealed – RT I 2009, 28, 170 – entry into force 01.07.2009]
(6) [Repealed – RT I 2009, 28, 170 – entry into force 01.07.2009]
(7) An adopted comprehensive plan serves as the basis for the preparation of detailed plans for areas and in the cases where the preparation of a detailed plan is mandatory and for making land readjustment decisions as well as for issuing design specifications for areas where the preparation of a detailed plan is not mandatory.
(8) A comprehensive plan shall determine the need for and sequence of detailed planning and indicate economic possibilities for implementing the comprehensive plan.
(9) In the preparation of a comprehensive plan, the results of strategic assessment of environmental impact and of the emergency risk analysis shall be taken into account.
[RT I 2009, 39, 262 - entry into force 24.07.2009]
(10) If the planning area contains a heritage conservation area or its protection zone, the comprehensive plan shall be prepared, taking into account the specific conditions of heritage conservation of the comprehensive plan approved by the National Heritage Board. Specific conditions of heritage conservation in the comprehensive plan shall prescribe the requirements for preservation of the heritage conservation area or its protection zone and for the observability and visibility of its silhouette. The procedure for establishing specific conditions of heritage conservation in a comprehensive plan shall be established by the Minister of Culture in a regulation.
[RT I, 21.03.2011, 4 - entry into force 01.06.2011]

§ 9.  Detailed spatial plans

(1) A detailed spatial plan is prepared in respect of a part of the territory of a municipality or city and it serves as the basis for building work and land use in the short term.
[RT I 2009, 28, 170 - entry into force 01.07.2009]
(2) The functions of a detailed spatial plan are to:
[RT I 2009, 28, 170 - entry into force 01.07.2009]
1) divide the areas subject to planning into plots;
2) determine the building rights in respect of the plots;
3) define the area that can be occupied by buildings, i.e., the part of a plot on which buildings permitted by the building entitlements of the plot may be erected;
4) determine the land areas and traffic arrangements of streets and, where necessary, to declare an existing or proposed street which lies on land that is the ownership of a private individual or entity to be a public road pursuant to the procedure provided for in the Roads Act;
5) determine the principles for planting vegetation and providing public services and amenities;
6) determine clearances;
7) determine the location of utility lines and of civil engineering works related to such lines;
8) establish environmental conditions for implementation of the plan and, where necessary, to designate buildings in the case of which the preparation of the building design documentation requires environmental impact assessment to be carried out;
9) make proposals, where necessary, for specification, amendment or termination of the protection regime for areas or single objects placed under protection;
10) make proposals, where necessary, for placing areas and objects under protection;
11) designate, where necessary, built-up areas of cultural and environmental value and to establish the conditions for their protection and use;
12) establish the essential architectural requirements for buildings and, where necessary, to establish building and design requirements for civil engineering works;
[RT I 2009, 28, 170 - entry into force 01.07.2009]
13) determine the need for easements
14) determine, where necessary, land areas for national defence purposes;
15) establish requirements and conditions to prevent the risk of crime;
16) determine the scope of other restrictions on immovable property ownership arising from Acts of the Riigikogu and other legislation in planning areas.
(3) A plot is a land unit intended to be built upon and located in an area where the preparation of a detailed plan is mandatory.
(4) The building rights of a plot define:
1) the intended purpose(s) of use of the plot;
2) the maximum permitted number or absence of buildings on the plot;
[RT I 2009, 28, 170 - entry into force 01.07.2009]
3) the maximum area to be occupied by buildings;
4) the maximum permitted height of buildings.
(41) The intended purpose of use of a plot within the meaning of this Act is the purpose for which the plot may be used after the adoption of the detailed plan and which is defined as precisely as possible. One plot may be assigned several intended purposes of use. On the basis of the plot’s intended purpose of use, the local authority shall determine the intended purpose of the cadastral unit and the purpose of use of any construction works involved.
[RT I 2009, 28, 170 - entry into force 01.07.2009]
(5) Clearance is the least permitted distance between construction works.
(6) A detailed plan shall include an annex which contains at least one drawing illustrating the solution proposed in the detailed plan so as to provide, at the time when the detailed plan is displayed in public and decided upon, a spatial visualisation of the planned environment and buildings.
[RT I 2009, 28, 170 - entry into force 01.07.2009]
(7) Provided there is a justified need, a detailed plan may include a proposal to amend the principal solutions contained in the adopted comprehensive plan. Amendment of the principal solution of the adopted comprehensive plan includes:
1) extensive alteration of the principal purpose of land use determined in the comprehensive plan in respect of the corresponding area;
2) exceeding the height limit of buildings established in the comprehensive plan;
3) other modification of the comprehensive plan that is significant or extensive in the view of the local authority.
[RT I 2009, 28, 170 - entry into force 01.07.2009]
(71) In the case of a detailed plan which includes a proposal to amend the principal solutions of the adopted comprehensive plan, the detailed plan shall include proposals to modify the text and the relevant part of the technical drawings of the comprehensive plan.
[RT I 2009, 28, 170 - entry into force 01.07.2009]
(8) Adopted detailed plans serve as the basis for the formation of new cadastral units and, in the cases where the preparation of a detailed plan is mandatory, for modification of the boundaries of existing cadastral units.
(9) In the case that preparation of a detailed plan is mandatory, building design documentation shall be prepared on the basis of the adopted detailed plan pursuant to the procedure provided in the Building Act.
(91) If the planning area contains a heritage conservation area, an immovable monument or the protection zone of such an area or monument, the detailed plan shall be prepared, taking into account the specific conditions of heritage conservation of the detailed plan approved by the National Heritage Board. The specific conditions of heritage conservation of the detailed plan shall prescribe the requirements for the preservation of the heritage conservation area or its protection zone and for the observability and visibility of its silhouette. The procedure for establishing specific conditions of heritage conservation of a detailed plan shall be provided by the Minister of Culture in a regulation.
[RT I, 21.03.2011, 4 - entry into force 01.06.2011]
(10) A local authority may, except in areas placed under government protection or in the protection zones of such areas, or in the protection zones of cultural monuments, natural features or built-up areas of cultural and environmental value, permit the following without requiring the preparation of a detailed plan:
[RT I, 21.03.2011, 4 - entry into force 01.06.2011]
1) extension of an existing industrial building located on the plot of an industrial undertaking, erection of outbuildings connected thereto and preparation of building design documentation for that purpose;
2) preparation of building design documentation for and erection of a detached house on a single plot in a built-up area, provided that, in designing and erecting the new detached house, the principles of planning applied in the area are adhered to and the house is similar in type to other buildings in the area, and provided the local authority has received written endorsement of owners of the neighbouring registered immovables in respect of the draft of initial design specifications or, in the absence of such endorsement, determines the matter itself, taking into account the views of the owners concerned;
3) preparation of building design documentation for and erection of an apartment building on a single plot in a built-up area, provided that the number of storeys of the new apartment building and the area occupied by the building is in consonance with the corresponding parameters of other buildings in the area and that the local authority has received written endorsement of owners of the neighbouring registered immovables in respect of the draft of initial design specifications or, in the absence of such endorsement, determines the matter itself, taking into account the views of the owners concerned;
4) division of a plot occupied by several buildings into several plots between the owners of those buildings, provided that the request for division of the registered immovable is not accompanied by a wish to erect buildings for which the preparation of a detailed plan is mandatory;
5) adjustment of the boundaries of neighbouring immovables, provided that such adjustment does not entail modification of the existing building rights of the registered immovables concerned, except for the area occupied by the buildings, or modification of the existing conditions concerning land use and provided that it is carried out by way of agreement between the owners of those immovables.
[RT I 2009, 28, 170 - entry into force 01.07.2009]
(11) Provided there is a justified need, a local council may initiate the preparation of a detailed plan for areas and in cases where, pursuant to the provisions of section 3(2) of this Act, the preparation of a detailed plan is not mandatory.
(12) When preparing a detailed plan, strategic assessment of environmental impact shall be arranged if required in the cases provided in section 33(1)(3) of the Environmental Impact Assessment and Environmental Management System Act. In such cases, the results of strategic assessment of environmental impact shall be taken into account in the preparation of the detailed plan.
[RT I 2005, 15, 87 - entry into force 03.04.2005]

Chapter 3 PREPARATION OF SPATIAL PLANS AND PARTICIPATION OF THE PUBLIC IN SUCH PREPARATION 

§ 10.  Initiation and administration of preparation of plans

(1) Any person may make a proposal to initiate the preparation of a spatial plan. When deciding initiation of the preparation of a plan, initiation may be refused if this is justified in the circumstances.
[RT I 2009, 28, 170 - entry into force 01.07.2009]
(2) The Government of the Republic shall initiate the preparation of a national spatial plan and the Ministry of the Interior shall administrate preparation of the plan.
(3) A county governor or the Government of the Republic shall initiate the preparation of a county-wide spatial plan and the county governor shall administrate its preparation.
(4) The preparation of a comprehensive plan shall be initiated and administered by the local authority.
(5) The preparation of a detailed spatial plan shall be initiated and administered by the local authority.
(51) The Government of the Republic may enter into a contract under public law with a person interested in the preparation of a county-wide spatial plan for encumbering a public water body with a construction work concerning partial transfer of the administration of the preparation of the county-wide spatial plan to the extent of the activity specified in point 1 of subsection 8 of this section.
[RT I 2010, 8, 37 - entry into force 27.02.2010]
(6) The local authority may enter into a contract under public law with a person interested in the preparation of a detailed plan concerning partial transfer of the administration of the preparation of the detailed plan to the extent of the activity specified in point 1 of subsection 8 of this section.
[RT I 2009, 28, 170 - entry into force 01.07.2009]
(61) The preparation of a detailed plan or the commissioning of the preparation of a detailed plan may not be transferred to a person interested in the preparation of the detailed plan in the case that:
1) no comprehensive plan has been adopted in respect of the planning area;
2) the spatial plan is intended to modify the comprehensive plan in force;
3) the plan is prepared in respect of land areas placed under government protection or the protection zones of such areas, or the protection zones of cultural monuments or natural features;
[RT I, 21.03.2011, 4 - entry into force 01.06.2011]
4) the plan is prepared in respect of a limited management zone of a shore or bank within the meaning of the Nature Conservation Act;
5) the plan entails changes which are significant in terms of urban development or the planning area is located in a district which is significant in terms of urban development;
6) the plan is prepared in respect of built-up areas of cultural and environmental value or is prepared with a view of establishing a built-up area of cultural and environmental value;
7) the plan is prepared for the purpose of creating an object with significant spatial impact;
8) the plan is prepared with a view to developing a framework for the activity specified in section 6(1) of the Environmental Impact Assessment and Environmental Management System Act.
[RT I 2009, 28, 170 - entry into force 01.07.2009]
(62) In the case of a circumstance which prevents the person interested in the preparation of the spatial plan to carry out the task stipulated in the contract, the authority administrating the preparation of the plan shall be entitled to terminate the contract unilaterally. In this case, a decision may be made to terminate the planning procedure.
[RT I 2010, 8, 37 - entry into force 27.02.2010]
(7) Initiation of the preparation of a plan as specified in subsections 2–5 of this section means a decision of the Government of the Republic, county governor or local authority to commence planning.
[RT I 2004, 22, 148 - entry into force 08.04.2004]
(8) Administration of the preparation of a spatial plan within the meaning of this Act is:
1) preparation of a spatial plan or commissioning the preparation of a spatial plan;
2) management of the preparation of a spatial plan;
3) carrying out all necessary procedural steps in the course of preparing a spatial plan.
[RT I 2009, 28, 170 - entry into force 01.07.2009]

§ 11.  Notification of plans

(1) The local authority shall inform the public of any proposed comprehensive plans and detailed spatial plans at least once a year in a relevant newspaper at a time determined in the building code of the authority.
(2) For the purposes of this Act, the relevant newspaper is:
1) in the case of a national spatial plan, at least one daily national newspaper;
2) in the case of a county-wide spatial plan, a county newspaper published on a regular basis or at least one daily national newspaper and a municipality or city newspaper published at least once a month;
3) in the case of a comprehensive plan or a detailed spatial plan, a municipality or city newspaper published at least once a month and, in the case of cities with city districts, a city district newspaper published on a regular basis, as well as a county newspaper published on a regular basis or a daily national newspaper which has been designated by the local authority as the newspaper where the official announcements of the municipality or city are published.
(3) The information published in a relevant newspaper pursuant to the procedure specified in this Act shall also be published on the website of the local authority or county administration.
[RT I 2009, 28, 170 - entry into force 01.07.2009]

§ 12.  Notification of initiated spatial plans

(1) Within one month after the decision to initiate preparation of a spatial plan is made, the ministry, county governor or the local authority who administrates preparation of the plan shall announce, in the relevant newspaper, initiation of the preparation of the plan, provide information on the size and location of the planning area, specify the boundaries of that land area, and set out the objectives of the preparation of the plan.
[RT I 2009, 28, 170 - entry into force 01.07.2009]
(2) The announcement regarding initiation of the preparation of a national spatial plan shall be published in the Riigi Teataja.
[RT I 2010, 19, 101 - entry into force 01.06.2010]
(3) The county governor shall, within two weeks as of the date on which the decision to initiate preparation of a county-wide spatial plan is made, notify initiation of the preparation of the plan to the local authorities whose territory the plan concerns.
(31) Within one month after the decision to initiate preparation of a detailed spatial plan is made, the local authority shall set up in the area subject to planning a corresponding information display or notice for a period of at least month. The information display or notice must clearly visible and it must include at least the information specified in subsection 1 of this section.
[RT I 2009, 19, 115 - entry into force 06.04.2009]
(4) If it is known at the time of initiating preparation of a detailed spatial plan or a plan specified in section 291 of this Act, or becomes known in the process of planning, that the initiated plan may entail the need to expropriate or to impose compulsory possession on any registered immovable or part thereof, the local authority shall, by way of registered letter, inform the owners of the relevant registered immovables of initiation of the preparation of the plan within two weeks as of the date on which the decision to initiate preparation of the plan was made or as of the date when the need became known in the process of planning.
[RT I 2009, 28, 170 - entry into force 01.07.2009]
(5) The local authority shall present to the county governor the decision to initiate preparation of a comprehensive plan or detailed spatial plan and any other information known at the time of initiating preparation of the plan within two weeks as of the date on which the decision to initiate preparation of the plan is made.
[RT I 2009, 28, 170 - entry into force 01.07.2009]
(6) The local authority shall transmit the notice regarding initiation of the preparation of a detailed spatial plan to owners of registered immovables in the planning area who did not make the proposal to initiate preparation of the plan and to owners of neighbouring registered immovables within two weeks as of the date on which the decision to initiate preparation of the plan is made.
[RT I 2009, 28, 170 - entry into force 01.07.2009]
(7) In the case of an apartment association, the owner to whom notices must be transmitted in the cases specified in this Act is deemed to be the apartment association, who must arrange transmission of the notice to its members.
[RT I 2009, 28, 170 - entry into force 01.07.2009]

§ 13.  Authorisation to prepare a spatial plan

(1) A national spatial plan, county-wide spatial plan or comprehensive plan may be prepared or the preparation of the plan may be managed by specialists who possess a higher education in an appropriate field to whom either the ministry, county governor or local authority who administrates preparation of the plan assigns the task of preparing the plan.
(2) Any architect or planner who possesses a higher education, and any other specialist who possesses a higher education and has received training in the field of planning may, independently and on his or her own responsibility, undertake the preparation of a detailed spatial plan.
[RT I 2009, 28, 170 - entry into force 01.07.2009]
(3) The persons specified in subsections 1 and 2 of this section also include any person who has acquired his or her professional qualification as an architect in a Member State of the European Economic Area or Switzerland and who holds a document issued in the corresponding Member State of the European Economic Area or Switzerland certifying that professional qualification. If a person holds a document which certifies his or her professional qualification, it shall be presumed that the person has the qualification to organise the allocation of resources for the work of other persons and to take responsibility for such work. The list of documents certifying acquisition of professional qualifications in a Member State of the European Economic Area or Switzerland shall be established by the Minister of Economic Affairs and Communications.
[RT I 2005, 22, 150 - entry into force 08.05.2005]
(4) If the document certifying the professional qualification of a person who has acquired his or her professional qualification as an architect in a Member State of the European Economic Area or European Union or Switzerland is not included in the list established on the basis of subsection 3 of the previous section, the decision to recognise the person’s professional qualification or to require him or her to take an aptitude test shall be made pursuant to the provisions of the Recognition of Foreign Professional Qualifications Act.
[RT I 2008, 30, 191 - entry into force 01.07.2008]
(5) If the professional qualification of a person who has acquired his or her professional qualification as an architect in a country other than those specified in this section has been previously recognised by a Member State of the European Economic Area or European Union or Switzerland and the person has accumulated three years of working experience as an architect in the Member State which recognised his or her qualification or Switzerland, the decision to recognise the person’s professional qualification or to require him or her to take an aptitude test shall be made pursuant to the legislation governing the recognition of foreign professional qualifications in that Member State or Switzerland.
[RT I 2008, 30, 191 - entry into force 01.07.2008]
(6) The competent authority specified in section 7(2) of the Recognition of Foreign Professional Qualifications Act is, in the case of a national spatial plan, the Ministry of The Interior, and in the case of a county-wide spatial plan, comprehensive plan or detailed spatial plan, the county administration.
[RT I 2008, 30, 191 - entry into force 01.07.2008]

§ 14.  Accessibility and preservation of information necessary for preparation of spatial plans

(1) Persons who are located in the planning area or who possess information concerning such an area which is necessary for the preparation of the plan are required to provide such information free of charge to the ministry, county governor or local authority administrating preparation of the plan or to the person authorised by the ministry, county governor or local authority to prepare the plan.
(2) The ministry, county governor or local authority administrating preparation of a spatial plan is required to ensure the preservation of information and materials collected in the course of preparation of the plan and to make sure that interested persons have access to such information and materials.

§ 15.  Temporary ban on building work during preparation of a spatial plan

(1) During the preparation of a spatial plan, the local authority may establish a temporary ban on building work in the planning area or a part thereof if the solution of the comprehensive plan or detailed spatial plan which is being prepared envisages modifying the building rights of a plot defined in a detailed plan adopted earlier in respect of the land area concerned. During the temporary ban on building, it is prohibited to issue building permits in the land area in respect of which the ban is established.
[RT I 2009, 28, 170 - entry into force 01.07.2009]
(2) A temporary ban on building work may be established for up to two years.
(3) A temporary ban on building work does not apply to construction works for which building permits have been issued prior to the establishment of the ban on building work.
(4) The local authorities shall, by way of registered letter, inform owners of registered immovables who may be affected by a temporary ban on building work of the aim and reasons for establishing a temporary ban on building work at least two weeks prior to the date on which the temporary ban on building work is to be established.
[RT I 2009, 28, 170 - entry into force 01.07.2009]
(5) Owners of registered immovables who are affected by a temporary ban on building work shall be informed, by way of registered letter, of the temporary ban on building work within one week as of the date on which the temporary ban on building work is established.
[RT I 2009, 28, 170 - entry into force 01.07.2009]

§ 16.  Cooperation and involvement in the preparation of spatial plans

(1) Spatial plans are prepared:
1) in the case of a national spatial plan, in cooperation with county governors, associations of local authorities at county level and ministries;
2) in the case of a county-wide spatial plan, in cooperation with the local authorities of the planning area, the county governors of the counties neighbouring the planning area and the ministries whose area of government covers the issues addressed by the plan;
3) in the case of a comprehensive plan, in cooperation with the local authorities neighbouring the planning area and the county governor;
4) in the case of a comprehensive plan, in cooperation with residents living in the planning area and other interested parties;
5) in the case of a detailed spatial plan, in cooperation with residents living in the planning area and with owners of registered immovables and neighbouring registered immovables;
6) in the case of a detailed spatial plan, in cooperation with owners or possessors of existing or envisaged utility networks;
7) in cooperation with the Environmental Board where the implementation of a plan may entail a significant impact on the environment;
8) in cooperation with the Rescue Board where, on the basis of risk assessment, the planning area or its immediate neighbourhood contains an existing or envisaged object of significant risk potential;
[RT I, 29.12.2011, 1 - entry into force 01.01.2012]
9) in cooperation with the National Heritage Board where the planning area contains a heritage conservation area, immovable monument or their protection zone;
10) in the case of a comprehensive plan and a detailed spatial plan, in cooperation with non-profit associations and foundations representing the residents living in the planning area.
(2) The local authority shall arrange presentations of information materials and public discussions to expose the initial planning outline, the draft planning solutions and potential impact of the implementation of the comprehensive plan.
(3) The need to arrange public discussions to expose the initial detailed planning outline and the draft planning solutions shall be determined by the local authority. At least one public discussion must be held when a detailed spatial plan is being prepared in the cases specified in section 10(61) of this Act.
(4) The local authority shall involve any parties concerned in the preparation of a detailed spatial plan and inform such parties thereof at the first possible opportunity. The parties concerned include:
1) any owner of a registered immovable whose land use or whose plot’s building rights are affected by the plan against the will of the owner;
2) any owner of a registered immovable neighbouring the planning area;
3) any owner of a registered immovable located in the neighbourhood of the planning area if the conditions governing his or her use of the registered immovable are significantly affected by the plan.
(5) Any person who holds a restricted real right encumbering a registered immovable in the planning area, or a neighbouring registered immovable, shall be joined to the proceedings provided in this Act on the same basis and pursuant to the same procedure as a party concerned. The joinder of a person may be foregone if this does not affect the interests of the person.
(6) The local authority shall announce the time, place and duration of the public display and public discussion of the initial planning outline and draft planning solutions:
1) in a relevant newspaper at least one week before the scheduled time of public discussion;
2) to any owner of a relevant registered immovable at least two weeks before the scheduled time of public discussion if the plan entails the need for expropriation of the registered immovable.
(7) Together with the notice announcing the public display and public discussion of the initial planning outline and the draft planning solutions, the local authority shall also publish on their website the initial planning outline or draft planning solutions.
(8) During the preparation of a spatial plan, any person may submit proposals and objections in respect of the plan. Written proposals shall be replied to by the local authority or county governor who administrates preparation of the plan within four weeks as of receipt of the proposal. Any proposals received shall be answered in the manner they are received or, according to the preference of the person who submitted the proposal, by post or e-mail.
(9) In the case of land retained in government ownership within the meaning of section 31(2) of the Land Reform Act, for the purposes of this Act, the owner of the registered immovable is deemed to be the Ministry of the Environment or a person authorised by the Minister of the Environment.
[RT I 2009, 28, 170 - entry into force 01.07.2009]

§ 161.  Permitting construction works in public water bodies

(1) In order to accept, pursuant to section 18 of this Act, a spatial plan proposing erection, in a public water body, of a construction work which has a permanent connection to the shore, prior permission of the Estonian Technical Surveillance Authority shall be required.
(2) All approvals granted, pursuant to section 17 of this Act, to a spatial plan proposing erection, in a public water body, of a construction work which has a permanent connection to the shore, shall also be transmitted to the Estonian Technical Surveillance Authority for the purpose of deciding the granting of the permission specified in subsection 1 of this section. Before deciding whether to grant the permission, the Estonian Technical Surveillance Authority shall also be entitled to ask the Ministry of the Environment, the Ministry of Defence, the Ministry of the Interior, the National Heritage Board, the Estonian Maritime Administration and the Estonian Civil Aviation Administration to provide a supplementary opinion.
(3) The Estonian Technical Surveillance Authority shall be entitled to refuse the grant of permission where a refusal is warranted by the circumstances. Circumstances which warrant a refusal consist in public interest, above all when the proposed construction work with a permanent connection to the shore:
1) is contrary to the interests of national security;
2) is contrary to the requirements of protection of the environment;
3) would disturb aviation or navigation on shipping lanes.
[RT I 2010, 8, 37 - entry into force 27.02.2010]

§ 17.  Approval of spatial plans

(1) A national spatial plan is to be approved by the ministries, county governors and county-wide associations of local authorities.
(2) Prior to acceptance of a spatial plan pursuant to section 18 of this Act, the county governor or the local authority administrating preparation of the plan shall obtain the approval:
1) for a county-wide spatial plan, of the governors of the counties neighbouring the planning area and of the local authorities of the planning area;
2) for a comprehensive plan, of the local authorities neighbouring the planning area and of the Environmental Board;
[RT I 2009, 3, 15 - entry into force 01.02.2009]
3) for a comprehensive plan and detailed spatial plan, of the relevant government agency, including, where necessary, the Rescue Board, if the planning area contains an area placed under government protection or a protection zone of such an area, or a cultural monument or its protection zone or a protection zone of a natural feature, or where the plan proposes to place them under protection, or if the planning area contains mineral deposits, or parts of such deposits, included in the list of mineral deposits of the environmental register, or if the planning area contains an existing or proposed site of activity with a significant environmental impact specified in section 6(1) of the Environmental Impact Assessment and Environmental Management System Act, or if the planning area contains a land improvement system;
[RT I, 29.12.2011, 1 - entry into force 01.01.2012]
4) for a county-wide spatial plan and comprehensive plan, of the relevant government agency if the plan proposes creation of an object with significant spatial impact;
[RT I 2009, 28, 170 - entry into force 01.07.2009]
5) for a county-wide spatial plan, comprehensive plan and detailed spatial plan, of the Ministry of Defence and Ministry of the Interior if the plan potentially entails a reduction in the planned performance capacity of an installation of importance for national defence or if wind turbines are envisaged in the planning area;
[RT I 2009, 28, 170 - entry into force 01.07.2009]
6) for a county-wide spatial plan, comprehensive plan and detailed spatial plan, of the Ministry of Economic Affairs and Communications, the Ministry of the Environment, the Ministry of Defence, the Ministry of the Interior, the Estonian Maritime Administration, the Estonian Civil Aviation Administration and the National Heritage Board if the plan envisages encumbering a public water body with a construction work.
[RT I 2010, 8, 37 - entry into force 27.02.2010]
(21) [Repealed – RT I 2010, 8, 37 – entry into force 27.02.2010]
(3) The requirement to seek the approval of other local authorities or government agencies shall be determined:
1) in respect of county-wide spatial plans, by the Ministry of the Interior;
2) in respect of comprehensive plans and detailed spatial plans which include a proposal to amend the principal solution of a comprehensive plan or detailed spatial plans which are prepared with regard to a land area in respect of which no adopted comprehensive plan exists, by the county governor;
3) in respect of detailed spatial plans prepared on the basis of an adopted comprehensive plan, by the local authority.
[RT I 2009, 28, 170 - entry into force 01.07.2009]
(4) Regardless of any proposals or objections made concerning a plan in the approval opinion, the plan shall be deemed to have been approved if no reference is made in the opinion to the plan’s contravening of an Act of the Riigikogu, any legislation enacted on the basis of such an Act or an adopted spatial plan.
(5) If the agency authorised to approve a plan has not replied to the request for approval within one month as of the date of receipt of the request, the person who prepares the plan considers the agency to have no proposals or objections concerning the plan.
[RT I 2009, 28, 170 - entry into force 01.07.2009]

§ 171.  [Repealed – RT I 2010, 8, 37 – entry into force 27.02.2010]

§ 18.  Acceptance and public display of plans

(1) The local authority shall make a decision concerning whether to accept a spatial plan and shall arrange public display of the plan. By accepting the plan, the local authority confirms that the plan meets the aims of spatial development of the municipality or city and that the local authority has scrutinised the plan’s compliance with Acts of the Riigikogu and other legislation.
[RT I 2009, 28, 170 - entry into force 01.07.2009]
(2) Spatial plans shall be displayed to the public as follows:
1) comprehensive plans – in the municipality or city centre, in larger settlements of the municipality or the settlement for which the plan has been prepared;
2) detailed plans – in the municipality centre and the settlement concerned, or the city centre and the city district concerned.
(3) A county governor shall decide on accepting a county-wide spatial plan and shall arrange public display of the plan in the county centre, in other cities of the county and in municipality centres of the planning area.
(4) The ministry administering preparation of a national spatial plan shall present the main planning outline in the relevant newspaper.
(5) The local authority shall, by registered mail and at least two weeks before the public display of a spatial plan commences, inform:
1) any owner of a registered immovable for whom the plan entails the need for expropriation of the registered immovable, of the public display of the plan and of the time and place of the public discussion of the comprehensive plan or the plan specified in section 291 of this Act;
2) any parties concerned of the time and place of public display of a detailed plan;
3) any person whose objections were dismissed at the time of preparing the plan, of the time and place of the public display of the plan;
4) the non-profit associations who represent the residents living in the planning area and who have communicated to the local authority that they wish to be informed of public displays of spatial plans, of the time and place of the public display of the plan;
5) any persons who submitted written proposals or objections at the previous public display of the plan, of the repeat public display of the plan and of the place of the public discussion of the comprehensive plan.
[RT I 2009, 28, 170 - entry into force 01.07.2009]
(6) The county governor or local authorities administrating preparation of a spatial plan shall, at least one week before displaying the plan to the public, publish a notice in the relevant newspaper setting out the time and place of public display of the plan and, in the case of a county-wide spatial plan or comprehensive plan, the time and date of public discussion regarding the plan. The notice shall:
1) provide information on the size and location of the planning area;
2) provide a short overview of the substance of the plan and of the impacts potentially resulting from implementation of the plan;
[RT I 2009, 28, 170 - entry into force 01.07.2009]
3) in the case of a detailed spatial plan, provide information on the nature of the proposed buildings, the more significant land use and building conditions and whether the detailed plan includes a proposal to amend the principal solutions of the comprehensive plan.
[RT I 2009, 28, 170 - entry into force 01.07.2009]
(61) Together with the notice regarding public display of the spatial plan, the local authority or county governor shall publish on its website:
1) until the day of public discussion, the county-wide spatial plan, comprehensive plan or detailed spatial plan in respect of which a public discussion must be arranged after its public display;
2) until the end of public display, a detailed spatial plan in respect of which arrangement of a public discussion is not required after its public display.
[RT I 2009, 28, 170 - entry into force 01.07.2009]
(7) At least one week before a plan is publicly displayed, the local authorities shall display a notice concerning the holding of public display as follows:
1) in the case of a comprehensive plan or a detailed spatial plan of public interest – in at least one public building or place open to the public (shop, library, school, bus stop or other such place) in the villages of the municipality or in the urban regions of the city;
2) in the case of a detailed spatial plan – in at least one public building or place open to the public in the relevant village of the municipality or in the relevant district of the city.
(8) During the time a spatial plan is on public display, all persons shall, during the office hours of the county administration or local authority, have access to any material and information related to the plan which is in the possession of the county administration or local authority which administrates preparation of the plan.
[RT I 2009, 28, 170 - entry into force 01.07.2009]
(9) Together with the spatial plan displayed, the public display shall expose any approvals for the plan and the position of the county governor or local authority which administrates preparation of the plan concerning the proposals and objections presented in the approval opinions.

§ 19.  Duration of public display

The duration of a public display shall be:
1) two weeks for a detailed spatial plan;
2) four weeks for a comprehensive plan;
3) four weeks for a county-wide spatial plan;
4) four weeks for a detailed spatial plan which includes a proposal to amend the principal solution of a comprehensive plan or a detailed spatial plan which has not been prepared on the basis of an adopted comprehensive plan.
[RT I 2009, 28, 170 - entry into force 01.07.2009]

§ 20.  Procedure for presentation of proposals and objections

(1) Everyone has the right to present proposals and objections concerning a spatial plan during the time the plan is on display to the public. An objection is the presentation of a disagreeing opinion concerning a planning solution or a contestation that the requirements of the law have not been observed in the process of preparing the plan.
(2) The county governor or local authority administrating preparation of a spatial plan shall, within two weeks after the end of the public display of the plan, communicate to any persons who, during the time the plan was on display to the public, have submitted proposals and objections by post or e-mail, the reasoned opinion of the local authority or county governor concerning such proposals and objections and shall specify the time and place of the public discussion of the plan. In the case of proposals and objections sent by post, the opinion shall be dispatched by way of registered letter, and in the case of proposals and objections sent by e-mail, the opinion shall be dispatched by way of e-mail.
[RT I 2009, 28, 170 - entry into force 01.07.2009]

§ 21.  Taking outcome of public display into consideration

(1) The local authority shall arrange a public discussion regarding a comprehensive plan and the outcome of the public display of the comprehensive plan, and the county governor shall arrange a public discussion regarding a county-wide spatial plan and the outcome of the public display of the county-wide spatial plan within six weeks after the end of the public display. If written proposals or objections concerning a detailed spatial plan are received during the public display of the detailed spatial plan, the local authority shall arrange a public discussion regarding the plan within six weeks after the end of the public display.
[RT I 2009, 28, 170 - entry into force 01.07.2009]
(2) The local authority shall publish a notice concerning the time and place of the public discussion regarding a detailed spatial plan in the relevant newspaper at least one week before the public discussion is held.
(3) If written proposals or objections concerning a spatial plan are received during the public display of the plan, the county governor or local authority administrating preparation of the plan shall publish information concerning the outcome of the public display and public discussion in the relevant newspaper within two weeks as of the date on which the public discussion was held.
(4) On the basis of the outcome of the public display and public discussion, the local authority or county governor shall make the necessary amendments to the plan and, in the cases arising from subsections 1 and 2 of section 23 of this Act, shall submit the plan to the supervisory authority together with information concerning any proposals and objections which were not taken into consideration.
(5) If the amendments resulting from a public display and public discussion entail changes to the principal solutions of the plan, approval for the plan shall be requested anew from the persons whom the amendment concerns and a new public display and public discussion shall be arranged pursuant to sections 17–20 of this Act and this section after the plan has been amended.
(6) A person who presents written proposals or objections concerning a spatial plan during the public display thereof may withdraw those proposals and objections by giving written notice thereof to the county governor or the local authority administrating preparation of the plan.
[RT I 2009, 28, 170 - entry into force 01.07.2009]

§ 22.  Simplified procedure for preparation of detailed plan

(1) In the preparation of a detailed plan, the local authority may waive the requirements of acceptance and public disclosure as provided in section 12(1) and sections18–21 of this Act and substitute for those requirements the obtaining of written consent from the owners of the planning area and from the owners of neighbouring registered immovables, in the absence of which the matter shall be determined by the local authority taking into account the views of the owners of the neighbouring immovables, if the detailed plan is prepared:
1) for the planning of the plots of up to three detached houses, summer-houses or garden houses in a built-up land area,
2) for the planning of a single empty plot between existing buildings if the main function of the building planned on the plot is that of an apartment building or office building provided the principles of planning applied in the area are adhered to and the dimensions of the building do not change the type of building characteristic of the area.
(2) In the case of a detailed plan which is to be prepared in order to determine the size of plots for existing buildings and civil engineering works located in areas where no new buildings entailing the obligation to prepare a detailed plan are erected and where the envisaged purpose of the buildings remains unchanged, the local authority may waive the requirements of acceptance and public disclosure as provided in section 12(1) and sections18–21 of this Act and substitute for those requirements the obtaining of written consent from the owners of the planning area and from the owners of neighbouring registered immovables, in the absence of which the matter shall be determined by the local authority taking into account the views of the owners of the neighbouring immovables.
(3) The simplified procedure for preparation of detailed plans does not extend to:
1) land areas placed under government protection or the protection zones of such areas, or the protection zones of cultural monuments or natural features;
[RT I, 21.03.2011, 4 - entry into force 01.06.2011]
2) built-up areas of cultural and environmental value.
[RT I 2009, 28, 170 - entry into force 01.07.2009]

§ 221.  [Repealed – RT I 2009, 28, 170 – entry into force 01.07.2009]

Chapter 4 SUPERVISION OVER PREPARATION OF SPATIAL PLANS. ADOPTION AND REPEAL OF SPATIAL PLANS  

§ 23.  Supervision over preparation of spatial plans

(1) Supervision provided for in this Act over the preparation of county-wide spatial plans, comprehensive plans and detailed plans shall be exercised before the plans are adopted. Supervision shall be exercised by:
1) the Ministry of the Interior, with regard to county-wide spatial plans;
2) county governor, with regard to comprehensive plans and detailed spatial plans.
(2) Supervision as provided for in this section is not exercised with regard to a detailed spatial plan if:
1) the plan has been prepared in accordance with the adopted comprehensive plan and all the objections presented during the public display have been taken into consideration;
2) the detailed plan concerns a case specified in subsections 1 and 2 of section 22 of this Act.
(3) The supervisory authority is entitled to:
1) scrutinise spatial plans with respect to their compliance with legislation;
2) scrutinise spatial plans with respect to their compliance with the more general plans;
3) grant consent for the amendment of an adopted more general plan upon the adoption of a plan, submitted to the supervisory authority, which includes a proposal to amend the more general plan;
4) scrutinise compliance with national interests in planning if no plan of a more general type has been adopted in respect of the planning area;
5) hear persons who have presented written objections concerning a plan during the public display thereof and the county administration or local authorities administrating preparation of the plan, and to present an opinion concerning the objections if they have not been taken into consideration in planning.
(4) If the persons specified in point 5 of subsection 3 of this section fail to reach an agreement during supervision, the supervisory authority shall provide them with a written opinion concerning the objections within two weeks after hearing the parties.
(5) Differences in opinion between the local authority administrating preparation of a spatial plan and the county governor exercising supervision of the same which remain unsolved during supervision shall be resolved by the Ministry of the Interior.
(6) A supervisory authority shall approve a spatial plan after the plan is brought into compliance with the requirements presented in the process of supervision and the objections specified in point 5 of subsection 3 of this section are resolved or after providing an opinion concerning such objections, and shall make a proposal to the county governor or local authority for the plan to be adopted.
(7) Provided there is a justified need, a supervisory authority may make a proposal for a plan submitted for supervision to be adopted partially. For the purposes of this Act, modification of the size of the area subject to planning in connection with the partial adoption of a plan shall not be deemed to constitute amendment of the principal solution of the plan.
[RT I 2004, 22, 148 - entry into force 08.04.2004]

§ 24.  Adoption of spatial plans

(1) National spatial plans submitted by the Minister of Regional Affairs shall be adopted by the Government of the Republic.
(2) A county-wide spatial plan approved by the Minister of Regional Affairs shall be adopted by the county governor.
(3) Detailed spatial plans whose preparation has not been subject to supervision and comprehensive plans or detailed spatial plans approved in the course of supervision shall be adopted by the local authority.
(4) If an adopted comprehensive plan includes a proposal to amend an adopted county-wide spatial plan and the county governor has given his or her consent to the amendments in the course of supervision, the county governor shall enter the corresponding amendments in the county-wide spatial plan. A decision to adopt a comprehensive plan which includes a proposal to amend an adopted county-wide spatial plan enters into force after the amendments made to the comprehensive plan are entered in the county-wide spatial plan.
(5) If a detailed plan to be adopted includes a proposal to amend an adopted comprehensive plan and the county governor has given his or her consent to the amendments in the course of supervision, the local authority shall make the corresponding amendments in the comprehensive plan after the adoption of the detailed plan.
[RT I 2009, 28, 170 - entry into force 01.07.2009]
(6) As of the adoption of a plan, any plan of the same type adopted earlier in respect of the same land area, or a corresponding part of a plan of the same type adopted earlier in respect of a larger land area shall become invalid. A thematic plan prepared pursuant to section 7 or 8 of this Act supplements and specifies a county-wide spatial plan or comprehensive plan adopted earlier.
(7) Administrative measures necessary to implement adopted plans may be taken on the basis of officially certified copies and extracts pursuant to the procedure provided in the Administrative Procedure Act.
[RT I 2004, 22, 148 - entry into force 08.04.2004]

§ 25.  Notification of adoption of spatial plans

(1) A notice concerning the adoption of a national spatial plan shall be published in the relevant newspaper.
(2) The county governor shall publish a notice concerning the adoption of a county-wide spatial plan in the relevant newspaper within one month as of the decision to adopt the plan. When giving notification of the adoption of a county-wide spatial plan, brief information must be provided in respect of the substance of the plan, including regarding the objectives of the county’s spatial development and the potential economic, social, cultural and environmental impacts which may result from the implementation of the plan.
[RT I 2009, 28, 170 - entry into force 01.07.2009]
(3) The county administration shall send a copy of the decision to adopt a county-wide spatial plan and the adopted county-wide spatial plan to the local authority in whose territory the planning area lies and to the Ministry of the Interior within one month as of the date on which the plan is adopted.
[RT I 2004, 22, 148 - entry into force 08.04.2004]
(4) The local authority shall publish a notice concerning the adoption of a comprehensive plan or detailed spatial plan in the relevant newspaper within one month as of the date on which the plan is adopted. When giving notification of the adoption of a comprehensive plan, brief information must be provided in respect of the substance of the plan, including regarding the objectives of the spatial development of the city or municipality and the potential economic, social, cultural and environmental impacts which may result from the implementation of the plan.
[RT I 2009, 28, 170 - entry into force 01.07.2009]
(5) The local authority shall send a copy of the decision to adopt a comprehensive plan or a detailed spatial plan and the adopted plan to the county governor and shall send information concerning the land use conditions, building conditions and restrictions concerning land use or building which enter into force upon adoption of the comprehensive plan, and the adopted detailed plan to the registrar of the national land cadastre within one month as of the date on which the plan is adopted.
(6) If an adopted comprehensive plan includes any amendments to the county-wide spatial plan and the county administration has entered the corresponding amendments in the county-wide spatial plan, the county administration shall send an extract of the county-wide spatial plan containing the amendments to the Ministry of the Interior within one month as of the date on which the amendments were entered in the plan.
[RT I 2004, 22, 148 - entry into force 08.04.2004]
(7) Within one week as of the decision to adopt a comprehensive plan or a detailed spatial plan, the local authority shall, by way of registered letter, give notice of the adoption of the plan to:
1) any persons whose written proposals and objections made in the course of the public display of the plan were not taken into consideration when adopting the plan;
2) any owner of a registered immovable whose registered immovable or a part thereof needs to be alienated in order for the plan to be implemented;
3) the owner of the registered immovable whose registered immovable is subject to a temporary ban on building work imposed in the process of preparation of the plan;
4) the parties concerned.
[RT I 2009, 28, 170 - entry into force 01.07.2009]

§ 26.  Contestation of adoption of spatial plans

(1) Every person who finds that a decision to adopt a spatial plan is in conflict with an Act of the Riigikogu or other legislation or that his or her rights have been violated or freedoms restricted by the decision shall have the right to contest the decision in court within one month as of the day on which he or she became or should have become aware of the adoption of the plan.
(2) Every person who finds that an adopted detailed plan or comprehensive plan is in conflict with an Act of the Riigikogu or other legislation or that the decision to adopt the plan is in conflict with an Act of the Riigikogu shall have the right to make a proposal to the authority which adopted the comprehensive plan or detailed plan to bring the adopted plan or the decision to adopt the plan into compliance with the Act or other legislation. The local authority who adopted the plan shall make a decision concerning the proposal and, if the proposal is found to be justified, bring the plan or the decision to adopt the plan into compliance with the Act or other legislation and, by way of registered letter, inform the person who made the proposal of the decision and of the reasons for accepting or rejecting the proposal within one month as of the date on which the proposal is received.
[RT I 2009, 28, 170 - entry into force 01.07.2009]
(3) If, in the process of planning, a proposal or contestation is filed concerning the plan, the local authority or other administrative authorities may not issue, within fourteen days after the date of adoption of the plan, any administrative acts concerning building work to be performed on the basis of such a plan, such as a building permit, including a permit for road construction, written consent or permit for occupancy and use.
[RT I 2005, 22, 150 - entry into force 08.05.2005]

§ 27.  Repeal of adopted detailed spatial plans

(1) An adopted detailed spatial plan or a part thereof may be repealed if the local authority or owner of a registered immovable located in the planning area wishes to waive the right to implement the plan.
(2) The local authority shall publish a notice concerning the repeal of an adopted detailed plan or a part thereof and set out the reasons for repeal in the relevant newspaper within one month as of the date on which the plan is repealed.
(3) The local authority shall send a copy of the decision repealing the detailed plan to the county governor and to the registrar of the national land cadastre within one month as of the date on which the decision to repeal the plan is adopted.
[RT I 2009, 28, 170 - entry into force 01.07.2009]

§ 28.  Availability of adopted plans

(1) Everyone shall be entitled to examine adopted plans.
(2) The availability of an adopted plan shall be ensured:
1) in the case of a national spatial plan – at the Ministry of the Interior and at county administrations;
2) in the case of a county-wide spatial plan – at the county administration concerned and the local authority in whose territory the planning area lies;
3) in the case of a comprehensive plan and detailed plan – at the local authority in whose territory the planning area lies.
[RT I 2004, 22, 148 - entry into force 08.04.2004]

§ 29.  Obligation to review adopted spatial plans

(1) A review of an adopted plan shall identify:
1) the results of development based on the plan and the possibilities for further implementation of the plan;
2) the need to prepare a new plan or to revoke a detailed plan;
3) the significant economic, social, cultural and environmental impacts brought about by the implementation of the plan and the conditions for reducing significant negative impacts;
4) other issues related to the implementation of the plan.
[RT I 2009, 28, 170 - entry into force 01.07.2009]
(2) The Minister of Regional Affairs shall review the adopted national spatial plan and submit the findings and an overview of the situation in the field of planning in the country to the Government of the Republic not later than within six months after regular elections of the Riigikogu are held.
(21) The county governor shall review the adopted county-wide spatial plan not later than within four months after regular elections of the Riigikogu are held and submit the findings and an overview of the situation in the field of planning in the county, including information regarding adopted comprehensive plans, to the Minister of Regional Affairs.
[RT I 2009, 28, 170 - entry into force 01.07.2009]
(3) The local authority shall review adopted comprehensive plans and submit its findings to the county governor not later than within six months after regular elections to the local council are held.
(4) The local authority shall inform the public of the results of the review of adopted plans in the relevant newspaper.
[RT I 2004, 22, 148 - entry into force 08.04.2004]

§ 291.  Special rules governing preparation of spatial plans for locating the corridor of a linear construction work crossing the territory of several local authorities

(1) For the purposes of this Act, a linear construction work crossing the territories of several local authorities (hereinafter, ‘linear construction work’) means:
1) a national road;
2) a railway;
3) a pipeline;
4) an overhead electrical power line.
(2) The location of the corridor of a linear construction work shall be normally determined in a county-wide spatial plan. When selecting the location, several alternative options must be considered.
(3) In cooperation with local authorities, public discussions shall be held in order to introduce the initial planning outline, the draft plans and the possible locations of the linear construction work and to consider the impacts potentially entailed in the implementation of the plan.
(4) The county governor shall, by way of registered letter and at least two weeks before commencement of the public display of the county-wide spatial plan prepared to locate the linear construction work, inform any owners of registered immovables which are likely to be located within the corridor of the linear construction work, of the time and place of the public display and of the time and place of the public discussion.
[RT I 2009, 28, 170 - entry into force 01.07.2009]
(5) After the adoption of the county-wide spatial plan prepared to locate the linear construction work, the location of the linear construction work shall be entered in the corresponding comprehensive plan which has been adopted earlier. The decision concerning the county-wide spatial plan prepared in respect of the location of the linear construction work shall enter into force on the day following entry of the location of the linear construction work into all comprehensive plans adopted in respect of the location area of the linear construction work.
(6) If the location of a linear construction work has been selected on the basis of a county-wide spatial plan, the building design documentation of the linear construction work shall be prepared in the basis of the adopted county-wide spatial plan. If the linear construction work is accompanied by a set of buildings and civil engineering works related to the exploitation of the linear construction work (buildings of a railway station, substations, etc.), the detailed plan required for the building of these buildings and civil engineering works shall be prepared on the basis of the county-wide spatial plan.
[RT I 2007, 24, 128 - entry into force 26.03.2007]

§ 292.  Special rules governing preparation of plans for locating projects with significant spatial impact

(1) For the purposes of this Act, a project with significant spatial impact is a project which, in comparison with the conditions preceding the project, causes at the envisaged location of the project a significant change in the volume of transport, concentration of pollutants, number of visitors, visual impact, smell, noise, demand for raw materials or labour and whose impact extends over a large territory.
[RT I 2009, 28, 170 - entry into force 01.07.2009]
(2) The Government of the Republic shall establish a list of projects with significant spatial impact.
[RT I 2009, 28, 170 - entry into force 01.07.2009]
(3) The location of a project with significant spatial impact shall be selected on the basis of a comprehensive plan.
[RT I 2009, 28, 170 - entry into force 01.07.2009]
(4) When selecting the location of a project with significant spatial impact, several alternative options must be considered.
[RT I 2009, 28, 170 - entry into force 01.07.2009]
(5) If the potential location of a project with significant spatial impact falls on the territory of several local authorities and the preparation of comprehensive plans by mutual agreement of the relevant local authorities is not expedient or feasible, the location of the project with significant spatial impact shall be selected on the basis of the county plan.
[RT I 2010, 8, 37 - entry into force 27.02.2010]
(6) The size of the planned land area of a project with significant spatial impact:
1) shall be determined by the local authority in cooperation with the county governor and the Environmental Board if the location is selected on the basis of a comprehensive plan;
2) shall be determined by the county governor in cooperation with the Environmental Board and the local authority in whose territory the project with significant spatial impact is potentially to be located if the location is selected on the basis of a county-wide spatial plan;
3) shall be approved by the Minister of Regional Affairs.
[RT I 2009, 28, 170 - entry into force 01.07.2009]
(7) If a project with significant spatial impact is selected on the basis of a county-wide spatial plan:
1) the county governor shall involve in the preparation of the plan the local authority in whose territory the planning area lies;
2) the decision to adopt the county-wide spatial plan shall enter into force on the next day after the location of the project with significant spatial impact has been entered into the comprehensive plan adopted in respect of the selected location of the object;
3) the detailed spatial plan in respect of the location of the project with significant spatial impact or the design specifications shall be issued on the basis of the adopted county-wide spatial plan;
4) any expropriations required in order to build the project with significant spatial impact shall be conducted on the basis of the county-wide spatial plan and the detailed spatial plan.
[RT I 2009, 28, 170 - entry into force 01.07.2009]
(8) If the construction of a project with significant spatial impact is likely to require the haulage of hazardous cargo, the Rescue Board shall be involved in the preparation of the plan and shall help to determine the feasibility and conditions of constructing the project with significant spatial impact, including the conditions of transporting hazardous cargo outside the planning area.
[RT I, 29.12.2011, 1 - entry into force 01.01.2012]
(9) If the possible locations of a project with significant spatial impact lie in the territory of several local authorities and the number of possible locations exceeds two, the location of the project with significant spatial impact may be pre-selected before proceeding to preparation of the spatial plan to determine the location.
[RT I 2009, 28, 170 - entry into force 01.07.2009]
(10) Pre-selection of the location may be carried out by the county governor, local authority or a legal person interested in the construction of the project with significant spatial impact. If pre-selection is carried out by a legal person interested in the construction of the project with significant spatial impact, the legal person shall inform the county governor and the local authority concerned and the Environmental Board of the commencement of pre-selection of the location within two weeks as of the day of commencing with pre-selection.
[RT I 2009, 28, 170 - entry into force 01.07.2009]
(11) The person or authority carrying out pre-selection of the location shall:
1) announce commencement of the pre-selection at least in one daily national newspaper, one county newspaper published on a regular basis and one municipality or city newspaper published at least once a month;
2) arrange public displays at the local authorities in whose territory the potential locations of the project with significant spatial impact lie, announcing the time and place of the public display in the newspapers specified in point 1 of this subsection at least one week before the public display;
3) arrange a public discussion of the results of pre-selection at the local authorities in whose territory the potential locations of the project with significant spatial impact lie, announcing the time and place of the public discussion in the newspapers specified in point 1 of this subsection at least one week before the public discussion;
4) publish the results of pre-selection in the newspapers specified in point 1 of this subsection.
[RT I 2009, 28, 170 - entry into force 01.07.2009]
(12) On the basis of pre-selection of the location, the local authority or, in the case specified in subsection 5 of this section, the county governor shall initiate preparation of a spatial plan to determine the location of the project with significant spatial impact. The local authority or the county governor shall be entitled to refuse to initiate preparation of the plan to determine the location of the project with significant spatial impact where such refusal is warranted by the circumstances.
[RT I 2009, 28, 170 - entry into force 01.07.2009]

Chapter 5 TRANSFER OF REGISTERED IMMOVABLES TO IMPLEMENT ADOPTED SPATIAL PLANS  

§ 30.  Transfer of registered immovable

At the request of the owner of a registered immovable or a part thereof located in an existing built-up area, the local authority shall be required to purchase the registered immovable for immediate and fair compensation if an adopted detailed spatial plan or comprehensive plan which does not require the preparation of a detailed plan in respect of the area concerned:
1) makes provision for using the registered immovable or a part thereof for public purposes;
2) significantly limits the hitherto use of the registered immovable or renders such use impossible.
[RT I 2009, 28, 170 - entry into force 01.07.2009]

§ 31.  Application of expropriation to implement a spatial plan

In order to implement an adopted comprehensive plan or an adopted detailed spatial plan, a registered immovable may be expropriated on the grounds and pursuant to the procedure provided in the Immovables Expropriation Act

Chapter 6 SPECIAL RULES TO GOVERN ENVISAGING CONSTRUCTION WORKS OF NATIONAL IMPORTANCE  

§ 32.  Definition of construction work of national importance

For the purposes of this Act, a construction work of national importance means:
1) training grounds of the defence forces and of the National Defence League;
[RT I 2007, 67, 414 - entry into force 28.12.2007]
2) military airports;
[RT I 2007, 67, 414 - entry into force 28.12.2007]
3) international civil airports;
4) power stations whose energy production exceeds one third of the national electricity consumption;
5) national landfills for final disposal of hazardous waste;
6) national radioactive waste storage facilities;
7) ports with a national defence purpose.
[RT I 2007, 67, 414 - entry into force 28.12.2007]

§ 33.  Proposal for locating a construction work of national importance

(1) The ministry in whose area of government the envisaged construction work of national importance belongs (hereinafter in this Chapter, ‘the ministry’) shall prepare proposals for the location of the construction work.
(2) Proposals are generally prepared for several locations. A proposal shall include economic and technical justifications and an environmental impact assessment
(3) On the basis of proposals for the location of the construction work of national importance, the ministry shall enter into negotiations with the local authorities of the potential locations in order to agree on the final location. The provisions of section 34 of this Act shall not be applied if an agreement on the location of the construction work of national importance is reached with the local authorities of one of the potential locations of the construction work.

§ 34.  Preparation of plan determining location of construction work of national importance

(1) The provisions of this section may be applied in cases where the local authorities of the potential locations of a construction work of national importance have refused to permit the construction work of national importance to be located within their territory and the options for reaching an agreement have been exhausted. If an agreement has not been reached, the local authorities shall, within six months after the ministry’s written proposal is submitted to the local authorities, submit its written justifications for refusing to permit the construction work of national importance to be located within their territory.
(2) Taking into account the economic and technical justifications for the proposals for location and the findings of the environmental impact assessment, the ministry shall propose to the Government of the Republic that the provisions of this section be applied and the preparation of a comprehensive plan in respect of one of the locations specified by the proposals be initiated.
(3) The Government of the Republic shall make a decision on the application of the provisions of this section and initiation of the preparation of a comprehensive plan in respect of one of the locations specified by the proposals for the location of the construction work of national importance.
(4) The size of the land area subject to comprehensive planning which serves as the basis for selection of the final location of the construction work of national importance shall be determined by the governor of the county in which the location of the construction work of national importance lies in cooperation with the ministry and the local authority in whose territory the location of the construction work lies. Approval shall be sought from the Minister of Regional Affairs for the area of land subject to planning.
(5) When preparing and adopting a comprehensive plan which determines the final location of a construction work of national importance and when preparing and adopting a detailed spatial plan on the basis of which the construction work will be built, the county governor concerned shall perform the functions of a local authority provided in Chapters 3 and 4 of this Act. The county governor shall administrate preparation of the plan in cooperation with the ministry in whose area of government the construction work of national importance belongs and with the local authority in whose territory the construction work of national importance lies.
(6) In compliance with the provisions of section 23 of this Act, supervision over the preparation of the comprehensive plan and detailed spatial plan which determine the location of a construction work of national importance, shall be exercised by the Ministry of Internal Affairs.
(7) In addition to the authorities specified in section 17 of this Act, approval for the comprehensive plan and detailed spatial plan which determine the location of a construction work of national importance shall be sought from the local authority in whose territory the land subject to planning lies.
[RT I 2006, 14, 111 - entry into force 06.04.2006]

Chapter 7 IMPLEMENTATION OF THIS ACT  

§ 35. – § 43. [Omitted from this version]

§ 431.  Implementing obligation to set up information display

Section 12 (31) of this Act shall be applied only to detailed spatial plans whose preparation is initiated after the said provision enters into force.
[RT I 2009, 19, 115 - entry into force 06.04.2009]

§ 44.  Application of this Act to holders of land use rights and to persons entitled persons to whom land is returned

(1) The rights of an owner of registered immovable in the preparation of spatial plans as provided in this Act shall also extend to holders of land use rights which were created before 1 November 1991.
(2) The right of a person holding a restricted real right specified in section 16(5) of this Act shall also apply to any person entitled to claim restitution of the area subject to planning or a part thereof.
[RT I 2009, 28, 170 - entry into force 01.07.2009]

§ 45.  Obligation to prepare comprehensive plans

The local authorities must ensure:
1) that comprehensive plans are adopted for cities not later than by 1 January 2006;
2) that comprehensive plans are adopted for municipalities not later than by 1 July 2007.

§ 46.  Implementation of this Act in cases of spatial plans under preparation, adopted spatial plans and adopted building codes

(1) The preparation of a county-wide spatial plan, comprehensive plan or detailed spatial plan accepted by the county governor or the local authority shall be conducted, until the adoption of the plan, on the basis of the Planning and Building Act in force before the entry into force of this Act.
(2) Spatial plans adopted on the basis of the Planning and Building Act shall remain in force after the entry into force of this Act.
(3) The building codes of a municipality or city established on the basis of the Planning and Building Act shall remain in force after the entry into force of this Act and the Building Act in so far as they are not contrary to the provisions of this Act and the Building Act concerning building codes. Local authorities shall bring the building codes of municipalities or cities into compliance with the provisions of this Act and the Building Act within six months after the entry into force of these Acts.

§ 461.  Envisaging a construction work in a public water body

(1) Detailed and comprehensive plans adopted before 1 July 2009 which envisage the building in a public water body of a construction work which has a permanent connection to the shore shall be deemed valid and they shall not require approval pursuant to the procedure specified in section 17(21) of this Act.
(2) Spatial plans which envisage the building in a public water body of a construction which has a permanent connection to the shore and which are not adopted by 1 July 2009 at the latest shall require approval pursuant to the procedure specified in section 17(21) of this Act.
[RT I 2009, 37, 251 - entry into force 10.07.2009]

§ 47.  Entry into force of this Act

This Act enters into force on 1 January 2003.

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