Construction amnesty from April 1, 2024: What you need to know about the legalization of old buildings

With effect from April 1, 2024, new provisions in the Building Code come into force, which will significantly affect the legalization of older buildings. If you have a building built before 1 October 1976 or between 1 October 1976 and 31 December 1989, you are affected by these changes. Let's take a closer look at the individual changes and what you need to register such a building in the Land Register.

Buildings constructed before 1 October 1976

According to Section 142l of the Building Act, all buildings built before this date from 1 April 2024 are automatically considered to have been built in accordance with the applicable regulations. Therefore, you do not need to take any additional steps to legalize them.

Buildings built between 1 October 1976 and 31 December 1989

For buildings built during this period, somewhat stricter conditions apply. In order for these constructions to be considered legal, the following conditions must be met:

• the construction must be continuously used for its purpose;
• as of 1 April 2024, the owner of the building must be the owner of the land or have another right to the land on which the building is built.

In this case, you also do not need to take any action against the building authority. All you have to do is have the construction surveyed and request the necessary notification from the municipality.

Subsequently, you can file a proposal for registration of this building in the Land Register. When registering such a building in the cadastre, it is necessary to submit:

• geometric focus (geometric plan),
• notification of the municipality, which includes the date of construction of the building, its continuous use, the registration number and the identification of the builder,
• a public document or other document proving that the developer had title to the land or another right to the land under the building on 1 April 2024.

The person named in the municipality's notification as the builder is registered as the owner of the building.

Structures built between 1 January 1990 and 31 March 2024

If you have a building built and used without or in violation of a building permit, you can apply for a review of the fitness for use of the building according to Section 140d of the Building Act. To succeed, you must meet the following conditions:

• the construction must be structurally sound and comply with the basic requirements for construction works and its purpose,
• you must be the owner of the land or have another right to the land, and the land must be arranged according to special regulations,
• the building must not be built in violation of binding regulations on the functional use of the territory or other interests protected by law,
• the construction works may not be located in protection or safety zones without the consent of the infrastructure manager concerned,
• documentation of the facts of the building must be prepared for the purposes of approval if required by the building authority.

You can submit an application for a review of the fitness for use of the building until March 31, 2029. If proceedings for the removal of the structure have already begun, you cannot submit an application.

These changes are intended to simplify the process of legalization of older buildings. For example, if you have built a barn, shed, summer kitchen or swimming pool, you no longer have to go through lengthy additional construction proceedings. All you have to do is register with the building office and go through the examination of the fitness for use of the building, which leads directly to the final approval.

These legislative changes bring significant relief for owners of older buildings, who can now legalize their constructions easier and faster. If you have a building that meets the above conditions, do not hesitate to take steps to legalize it under the new rules.

Do you need to legalize your black construction? Contact our specialists. Contact specialists.