Building passport: when is it obligatory, how much does it cost and how is it verified?

Quick overview:

• A building passport is a simplified documentation of the actual condition of a building.
• It is mandatory if the project documentation is missing or you are asked by the building authority.
• It does not legalise black building – unauthorised alterations must be dealt with separately.
• It is prepared by an authorised designer or a qualified person.
• In some cases, verification by the building authority is required.
• The price for a family house is usually in the tens of thousands of crowns.

What is a building passport and when is it obligatory

A building passport is documentation that shows the actual condition of an existing building. It is most often acquired when the original project documentation has not been preserved, which is common especially for houses built decades ago.

The Building Act obliges the owner to keep documentation corresponding to the actual construction. If the documentation has not been preserved or is not in proper condition and the building was duly authorised (or did not require authorisation under the regulations of the time), the owner is obliged to obtain a building passport and have it verified by the building authority. The passport, on the other hand, does not serve to “retroactively legalize” an unauthorized building – if unauthorized modifications are found, this is dealt with by other procedures (e.g. additional permit).

The obligation to obtain a passport may arise, for example:

• on the basis of an appeal by the building authority,
• when initiating a procedure for additional building permit,
• a change of use of the building,
• significant reconstruction,
• sale of real estate, when the documentation is required by the bank or the buyer.

The building passport is therefore not a voluntary administrative document, but a legal tool to correct missing or outdated documentation.

We were consulted by a client who inherited a family house built in 1968. However, the original project documentation had not survived. When she wanted to sell the property, the buyer’s bank refused financing without documentation. As a solution, we therefore advised her to have the building passported and then have the building authority verify the building passport.

If you are not sure whether your documentation complies with the law, it is advisable to have the situation legally checked before applying to the authority. We will be happy to help you with this.

What the building passport contains

A building passport is not just a simple sketch of a floor plan. A building passport is prepared by a professionally qualified person – typically a planner; however, the law also allows for a so-called qualified person with a building or architectural education (including a high school diploma) and the necessary design experience.

The standard building passport includes:

• a technical report describing the condition of the building
• floor plans of the individual floors
• sections of the building
• views of the building
• the situation of the building in the area
• basic data on structures and materials

The aim of the passport is to accurately reflect the actual design of the building at the time of the survey. This is essential – the documentation must correspond to reality, not to the original design.

It is important to distinguish between a building passport and the documentation of the actual construction, which is taken when a new building is properly completed. A passport is an “after-the-fact” solution when documentation is missing.

A construction passport often reveals a discrepancy between the actual and the permitted condition. The most common problems include unpermitted additions, residential loft extensions, alterations to the layout, sheds and garages without permits, or interference with load-bearing structures.

In such cases it may be necessary to initiate proceedings for additional planning permission. If the building does not comply with the conditions of the development plan or safety regulations, the authority may order its removal.

Pasportization of buildings

The term building passporting is often used in a broader sense. While a building passport refers to a specific building, building passporting usually refers to the systematic documentation of multiple buildings – for example, apartment buildings, office buildings or municipal property.

Building passporting is particularly relevant for:

• for municipalities and towns when registering property
• in the case of HOAs for the management of a building
• planning renovations
• as a basis for energy savings
• property audits

For apartment buildings, passporting can reveal, for example, illegal building modifications in individual units or non-compliance with building permits. This can have major implications when selling units or dealing with insurance claims.

From a legal point of view, it is important to know that it is the owner of the building who is obliged to have documentation corresponding to the actual construction. If the documentation is missing, incomplete or does not correspond to reality, the owner must complete it at the request of the building authority – typically in the form of a building passport.

The situation is specific for apartment buildings: The common parts of the building (roof, supporting structures, corridors, risers, etc.) are usually co-owned by the unit owners. The unit owners’ association (HOA) manages the house and acts externally, and therefore in practice the passporting and communication with the building authority is often handled through the HOA – the responsibility for ensuring that the documentation of the house as a whole is in order, but it comes from the ownership of the units and the management of the house.

We can mention a case we dealt with the HOA. It dealt with repeated leaks in the roof. When it decided to renovate, it had a building passport survey done so that it had up-to-date documentation for the designer. The survey showed that part of the loft had been extended in the past without planning permission and without the consent of all the owners.

This changed the situation fundamentally. It was no longer just a technical problem of the roof, but a legal issue of unauthorised construction. A procedure for a supplementary permit followed, in which the building authority and the affected unit owners intervened.

This example shows that the passporting of buildings is not just a kind of technical inventory. It can reveal interference with the load-bearing structures, unauthorised constructions, changes in the use of the premises and interference with the common parts without the consent of the HOA.

For this reason, building passporting is often also a preventive legal tool. It helps to identify risks early on that might otherwise only become apparent when the unit is sold, during an insurance claim or during an inspection by the building authority.

For apartment buildings, we therefore recommend combining the technical passporting with a legal assessment – especially if there is a suspicion of older unauthorised alterations. Early resolution is almost always cheaper and safer than subsequent administrative proceedings to remove the building.

Verification of the building passport by the building authority

The preparation of a passport alone may not be enough. In certain situations, formal verification by the building authority is also necessary.

This occurs in particular when:

• the passport replaces missing documentation according to the Building Act,
• there is an ongoing procedure for an additional permit,
• the authority has invited the owner to complete the documentation,
• there is a change of use of the building.

Verification of the building passport is carried out at the request of the owner at the competent building authority. The purpose is that the passport, as a simplified documentation of the actual execution of the construction, is officially verified and the owner fulfils the obligation to have verified documentation of the construction.

When verifying the passport , the authority typically assesses whether the passport corresponds to the reality and whether it is a building that has been duly authorised (or whether authorisation was not needed at the time). If this reveals that the actual condition contains unauthorised alterations, this may open up downstream procedures (e.g. challenges, removal proceedings or additional permits).

The risk is that the authority may discover unauthorised alterations as part of the proceedings, so it may then initiate removal proceedings, impose fines or decide that an additional permit is required.

Checklist before applying for verification of the building passport or before initiating proceedings before the building authority:

• Does the building comply with the original building permit?
• Have extensions, additions or layout changes been made in the past without permission?
• Is the building correctly registered in the Land Registry (area, use, number of storeys)?
• Does part of the building encroach on neighbouring land?
• Has there been a change of use (e.g. land to flat) without the consent of the authority?

How much does a building passport cost

The price of a building passport is not set by law and is always the result of an agreement with the designer. It depends on the size and complexity of the building and whether a detailed survey is required. For an ordinary family house, the price can be in the tens of thousands of crowns. For larger buildings it can be significantly higher.

The total cost must include surveying of the building, preparation of documentation, any surveying work, administrative fees and legal representation.

If the verification of the building passport is also necessary, then the costs of the administrative proceedings are also included. If unauthorised modifications are found, the costs can increase significantly due to additional permits.

Summary

A building passport is a professionally prepared documentation of the actual design of a building, which the owner is obliged to provide, especially if the original design documentation is missing or if the building authority asks him to complete it; it is used in the sale of a property, change of use of a building, major reconstruction as well as in the legalisation of unauthorised alterations and may reveal a discrepancy between the actual and the authorised state, which sometimes leads to proceedings for additional authorisation or even penalties. The passport is drawn up by an authorised expert and contains a technical report, drawings and a description of the structures; in the case of apartment buildings, the responsibility for the documentation of the common parts usually lies with the HOA; more broadly, building passporting is referred to as a technical and preventive legal tool, for example, in the management of the building or in the planning of renovations. In certain cases, it is also necessary to have the building passport verified by the building authority in the administrative procedure, where the authority assesses compliance with legislation and the zoning plan, and it is therefore advisable to carry out a legal check of the property’s condition before submitting an application. The cost of the building passport is not set by law, it depends on the size and complexity of the building and for detached houses it is usually in the tens of thousands of crowns, and the cost may increase if an administrative procedure or an additional permit is required.