Real estate and building easement

When you apply for an easement survey with a cadastral survey application, please attach the following documents if required:

• a power of attorney if the applicant is not the owner of the real estate
• a trade register or register of associations registration certificate (for verifying the right to sign)
• a company law decision on the procedure being applied for
• a signed easement contract with attachment maps
• invoicing information or instructions
• approval of the easement survey from the party concerned
• a verified estate inventory or report on family relationships if the real estate owner or applicant is an estate.

The easement contract must indicate at least the following:

• the contract parties
• the real estates that the contract pertains to (real property identification numbers)
• what easements the contract provides for
• which real estate is encumbered and which is dominant or whether both real estates are both dominant and encumbered
• a statement on whether compensation is paid for the establishment of easements and how much
• a map signed by the parties concerned that indicates the exact location of the easement area to be established.

See the easement contract template: Easement contract and attachment map template (PDF)

When applying for the establishment of a building easement or real estate joint arrangement, please attach the following documents to the building easement application:

• A power of attorney from all real estate owners and any land lease holders. However, no power of attorney is needed if the application form is signed by all the real estate owners and land lease holders, or if a power of attorney is included in the easement contract in the form of an authorisation.
• The original easement contract document or an authenticated copy of it.
• A title report on both the dominant and encumbered real estate. The report can be a certificate of registered ownership or a copy of the real estate deed.
• A trade register extract if a party to the easement contract is a company. The extract must indicate the company’s rights to sign.
• Minutes of a general meeting in which the general meeting has approved the establishment of the easement if the encumbered real estate is owned or held with a land lease contract by a housing company.
• Minutes of the housing company board in which the board has approved the establishment of the easement if the dominant real estate is owned or held by a housing company.
• A real estate register extract of all dominant and encumbered real estates.

The easement contract must indicate:

• the building site identification numbers of the real estates and the building easements to be established
• which real estate is encumbered and which is dominant
• the location of the easement area or premises (e.g. in a layout plan)
• which real estate will be responsible for carrying out the procedure referred to in the contract and maintenance.
   

Real estate owners can agree on how the area of another real estate may be used. Problems may arise when real estates change owners, as the contract made by the previous owners does not necessarily bind the new owner. If the use of the other real estate is meant to be permanent, the usage right should be established as an easement. 

The easement will be a permanent usage right that will bind any new owners as well. The registered easement will be displayed in the public real estate register, increasing awareness of the rights pertaining to the plot and, thus, improving the purchaser’s legal protection, among other things. 
The usage right can also be established as a fixed-term easement if the right is only needed for a certain period of time.

Easements are established in connection with plot parcelling or in a separate easement survey. The requirements for establishment include the following:

• a written easement contract and attachment map 
• if an contract party is a company, the company must approve the easement contract (decision of a general meeting or the board) 
• the easement is necessary for the dominant real estate 
• the easement will not have a significant adverse impact on the encumbered plot 
• the real estates (premises/plots) subject to the easement have been parcelled and registered.

To benefit a real estate, a right as a permanent easement may be established in the area of another register unit:

1. to take household water
2. to take and conduct household water or to place and use the equipment and structures connected to it
3. to conduct water for the drainage of the land
4. to place and use the equipment and structures connected with sewage handling
5. to place and use the equipment and structures connected with telephone, electricity, gas, heating and other such cables and wiring
6. to use an area necessary for keeping private cars or as a boat harbour, dock, swimming place, timber storage bay or loading area, as well as to use an area necessary for a shared yard in the detailed plan area
7. to use a land area necessary for fishing
8. to quarry rock, gravel, sand, clay, turf, or other equivalent soil
9. to establish and use structures necessary for civil defence
10. to establish and use a common heating plant or a waste collection site for the real estate
11. to create an area necessary for transportation purposes in an area covered by the detailed plan; the area needed for a transport connection can also be determined in three dimensions.

The easement types are listed in Section 154 of the Real Estate Formation Act.

The fundamental rule is that any procedures required in construction must be carried out on the real estate serving as the building site.

The permit decision will indicate whether a building easement must be established regarding the use of another real estate. If the arrangement is necessary for the real estate serving as the building site, the permit decision will require the establishment of an easement.

The building easement will make it possible to extend or place procedures required in construction onto the other real estate.

For more information, see the instructions: Building easement (PDF)

A building easement can be established when four requirements are met:

• the easement will promote appropriate construction or use of the real estate
• the easement is necessary to the easement holder
• the easement will not have a significant adverse impact on the encumbered real estate
• a written contract has been made on the matter.

Building Control Services will forward the final easement decision to City Survey Services. City Survey Services will make an entry into the real estate register regarding the dominant and encumbered real estate.

A building easement entered into the real estate register will remain in force even if the title of the real estate is later transferred to another owner.

A permanent or fixed-term building easement encumbering another real estate may be established for a plot or building site, entitling the holder:

1. to use the foundation of a building or a retaining wall on the encumbered real estate to lay the foundations of a building or a retaining wall on the easement holder’s real estate, and to extend the foundations of a building or retaining wall to the encumbered real estate (foundation easement)
2. to use the wall or structure of a building on the encumbered real estate to brace an intermediate floor or some other structure, or for some other corresponding purpose, and to construct so that buildings located on the real estate boundary have a party wall (structural easement)
3. to place service conduits and related equipment in a building on the encumbered real estate and to use the necessary spaces (equipment easement)
4. to use an accessway, emergency shelter or parking place in a building on the encumbered real estate (usage easement)
5. to use heating plants or heat transfer equipment, facilities for waste management or other community infrastructure equipment and spaces reserved for such purposes located on the encumbered real estate (maintenance easement)
6. to use premises intended for common use and other facilities serving residential, work or property management purposes and spaces reserved for such purposes located in a building on the encumbered real estate (joint easement)
7. to make a door or other opening in a wall on the boundary of the encumbered real estate or to not build a fire wall (wall easement)
8. to extend the roof of a building or part of the external wall containing additional insulation so that it overhangs the encumbered real estate or to construct the roof so that water drains onto and is conducted via the encumbered real estate (tolerance easement).

Section 80 of the Land Use and Building Decree states that a building easement can only be established for the aforementioned reasons.

If implementation of the local detailed plan requires joint arrangements between several real estates, the City’s building supervision authority may, on the initiative of one owner of a real estate and after having heard the other owners or titleholders of the real estate, stipulate, in connection with building or otherwise, joint use of the area of a block area or part thereof or of premises forming part of the real estate.
Decisions concerning joint arrangements must include an arrangement scheme. The scheme lays down:

• the use of the area or premises,
• its repair,
• its maintenance, and the basis for sharing the costs of the arrangement and their payment.

A regulation concerning joint arrangements may be issued when the arrangement would always promote the use of several real estates and would not cause unreasonable harm to any real estate. If no contract is reached by the interested parties on the costs of the arrangement, the matter will be resolved in accordance with the Expropriation Act.

Joint arrangements for real estates are provided for in Section 164 of the Land Use and Building Act.

City survey services are subject to a fee. 

See all the fees:

City survey price list (in Finnish, PDF)(Link leads to external service)

You can apply for a plot division or cadastral surveys, ask for advice with a service request and submit documents electronically in the Lupapiste service(Link leads to external service).

How to start and ask for advice in Lupapiste

1. Register when using the service for the first time. After that, you can log in with your email address and password.
2. Select “Kysy neuvoa” (‘Ask for advice’) or “Tee hakemus” (‘Submit an application’) in the upper right corner of the page.
3. Enter the address or real property unit identification number of the site.
4. Select “Kiinteistötoimitukset ja tonttijaot” (‘Cadastral surveys and plot divisions’).
5. Select the appropriate application type:
   • select “Tonttijako” (‘Plot division’) if a plot division is to be changed or is missing entirely
   • select “Kiinteistönmuodostus” (‘Real estate formation’) if the plot division is in order and you are only applying for plot parcelling or registration
   • select “Rasitetoimitus” (‘Easement survey’) if you are only applying for the establishment/changing/removal of easements
   • select “Rajankäynti ja muut kiinteistönmääritykset” (‘Boundary demarcation and other property definitions’) if you are only applying for a cadastral procedure concerning a boundary or boundary marker(s), for example.
6. Select either “Kysy neuvoa” (‘Ask for advice’) or “Tee hakemus” (‘Submit an application’).
   • When you select ‘Submit an application’, you can enter the actual application information and add the necessary attachments. 
   • When you select ‘Ask for advice’, you can ask experts for details regarding the site or application type without submitting an actual application.
7. “Hankkeen kuvaus” (‘Project description’): Fill out the appropriate sections in the “Kohteena oleva kiinteistö” (‘Real estate in question’) and “Tonttijako” (‘Plot division’) menus.
   • In the ‘Plot division’ section, specify what kind of plot division you are applying for. Mention any plot division estimates or previous negotiations with Real Estate Formation experts.
8. Parties: enter the information requested in the “Osapuolet” (‘Parties’) tab. You can authorise other persons. If there are several applicants, you can invite other applicants to the same form. Enter the information of the payer(s) of the plot division application.
9. “Suunnitelmat ja liitteet” (‘Plans and attachments’): add the necessary attachments, such as a plot division estimate, negotiation memo, illustrative image of the plot and/or reservation decision.

Linking applications

1. Once you have submitted a plot division application, you can link other application types to one application with the “Hae kiinteistönmuodostusta” (‘Apply for real estate formation’) function.
2. Select “Luo kiinteistönmuodostushakemus” (‘Create a real estate formation application’).

Need help with using Lupapiste?

See the Lupapiste user instructions(Link leads to external service) for instructions for registering and logging in, creating a new application or a service request, changing a service request into a permit application or submitting an application, among other things.

You can request technical support for using Lupapiste with a support request form(Link leads to external service).

Most building permits and statements are subject to a fee. 
 

See all permit fees: 

City of Helsinki Building Control Price List 2024 (In Finnish, pdf). 

City of Helsinki Building Control Price List 2023 (In Finnish, pdf). 

Applications receive notification of the decision approvals in the Lupapiste online permit service.  

Permit decisions made by Building Control Services officials will be on public display for 14 days and permit decisions by the Environment and Permits Sub-committee of the Urban Environment Committee for 30 days. It is possible to lodge a claim for rectification against a permit decision by a Building Control Services official with the Environment and Permits Sub-committee of the Urban Environment Committee. Permit decisions by the Environment and Permits Sub-committee of the Urban Environment Committee can be appealed to the Helsinki Administrative Court.

You can see the public notice list of permit decisions made by Building Control Services officials under Julkipano in the Lupapiste service(Link leads to external service).

The public notice list for permit decisions by the Environment and Permits Sub-committee of the Urban Environment Committee is viewable in the lobby of Kaupunkiympäristötalo at Työpajankatu 8.

Find permits decisions on the following pages:  

• Agendas and minutes of the Environment and Permits Sub-committee of the Urban Environment Committee (In Finnish)(Link leads to external service)
• Permit decisions from the head of Building Control (In Finnish)(Link leads to external service)
• Decisions from Building Control officials (In Finnish)(Link leads to external service)

A list of public notices and decisions is also on display in the lobby of the Urban Environment House, located at street address Työpajankatu 8, Helsinki.

A permit decision becomes final when the appeal period has expired and no one has appealed the permit decision. The appeal period for a decision by the Environment and Permits Sub-committee of the Urban Environment Committee is 30 days and the appeal period for a decision by a Building Control Services official is 14 days. The date of the decision and the appeal period are indicated in the permit decision.

You may only start the construction work once the permit becomes legally valid. Projects that have been granted a building permit must begin within three (3) years and the construction work must be completed within five (5) years of the permit entering into force. In the case of action permit, demolition permit or landscape work permit, the work must be carried out within three (3) years.

Be sure to apply for an extension of your permit while it is still valid. Unless an extension is applied for during the permit’s period of validity, you will have to reapply.

In Helsinki, all applications for building permits are submitted electronically in the Lupapiste (Link leads to external service)online permit service. General and project-specific guidance and counselling are also primarily provided via Lupapiste. Documents related to the application and construction process monitoring are to be submitted in digital format to Lupapiste.

How to get started and ask for advice in Lupapiste

1.  The first time you use the service, you will be asked to register. After this, you will be able to log in with your e-mail address and password.
2. Enter the street address where your project site is located.
3. Use the “Kysy neuvoa (Ask for advice)” button in the upper right-hand corner to request guidance. 
4. Write a short description of your project and your question(s). The service will direct you to the appropriate expert who can answer your question(s). 

After the consultation, you can turn your request for guidance into a permit application.

The Lupapiste user manual (available in Finnish and Swedish only)(Link leads to external service) offers instructions for registering and logging in to the service, submitting a new application or request for guidance, turning your guidance request into a permit application, and submitting an application.

You can also submit a guidance request form (Link leads to external service)to receive technical support for using Lupapiste.