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Demolition ordered by Tallinn for illegally constructed building

Demolition ordered by Tallinn for illegally constructed building

The Tallinn Urban Planning Department will carry out a substitute execution to demolish an illegally constructed building in the Kristiine district at Mõtuse Street 25a, as the construction lacks the necessary design conditions and building permit. The property owner has ignored all injunctions issued over two years.

Deputy Mayor of Tallinn, Madle Lippus, described it as one of the most complex cases in the Tallinn Urban Planning Department’s history, which has also garnered public attention and certainly sets a precedent, as the city last applied forced execution nearly 20 years ago. "Demolition is an extreme measure for the city, but other means have failed to stop the illegal construction. The owner has disregarded all issued injunctions and deadlines and continued construction," Lippus said. "We have always wanted to reach a reasonable and effective solution. However, in this case, we are dealing with a violation of the law, and the requirements arising from the construction and planning law apply equally to all residents."

The Tallinn Urban Planning Department received a notification on April 21, 2022, regarding construction activities at Mõtuse Street 25a. The same month, the department conducted a site inspection and issued an injunction to immediately cease construction work. In May 2023, it was revealed that the owner had continued construction despite the department's injunction and the absence of a building permit.

Martin Karro, Head of the the Tallinn Urban Planning Department, added that they have repeatedly met with the property owner, shared information, and offered advice. "Despite this, construction has continued. As an alternative to demolishing the entire building, we have suggested submitting a construction project that complies with the general plan of the Kristiine district and the regional architectural style and partially demolishing the building accordingly. This requirement has not been met," Karro stated. "Planning is not merely a formality but an agreement between the owner, the surrounding community, and the city aimed at creating a pleasant living environment for all of us. Our goal is for urban space agreements to be made in collaboration with all parties and to adhere to them."

In the first quarter of 2024, the property owner was informed, both in meetings and in writing, that if they do not voluntarily comply with the injunction, the the Urban Planning Department will arrange for the building's demolition through substitute execution.

The property owner has not exercised their right to dispute the injunction, the imposed coercive fines (totaling nearly €60,000), nor, to the city's knowledge, the planned substitute execution.

Should the property owner fail to organize the demolition by April 28 of this year, the department will begin demolishing the illegal building on April 29, and the work will continue until May 17. The demolition will cost €16,104, and this amount will be reclaimed from the property owner.