Representing a developer about a termination procedure for a pre-2015 detailed planning procedure

RASK advised a developer on legal issues arising from a local government’s intention to terminate a detailed planning procedure initiated by the developer.

The detailed planning procedure had been ongoing for 18 years, prompting the local government to argue that further processing would be improper. The government cited significant legislative changes over time and noted that, according to the Act to Implement the Building Code and the Planning Act, any detailed planning procedure initiated before July 2015 should have been completed by 1 July 2018. Despite this, the planning procedure remained active.

RASK’s legal experts clarified that Estonian case law has already addressed the legality of detailed plans initiated before the introduction of the new planning law in July 2015, which were subject to the previous planning law’s provisions. The deadline specified in the Act to Implement the Building Code and the Planning Act is procedural rather than absolute, meaning that missing the deadline does not invalidate the detailed plan. Therefore, continuing with detailed plans initiated before 2015 is legally permissible.