Toleration payments

The owner of land can apply for compensation for tolerating the following utility networks and engineering structures:

330, 220 and 110 kV overhead lines (exceptions in the City of Narva), 110 kV underground cable lines and 35 kV overhead and underground cable lines (from Virtsu and Rõuste substations to the sea), and EstLink underground cable lines (from converter stations to the sea;
category D gas installations and structures.

Landowners can also apply for toleration fees for protection zones on their land even if the actual lines pass outside the limits of the property.

To receive the payment, the owner of an immovable property must submit an application regardless of whether the toleration obligation stems from legislation, a contract on use of the land has been concluded (agreement establishing personal right of use, agreement under the law of property, easement agreement, land agreement or other agreement on use of land), or compulsory possession has been established.

The person is entitled to receive a payment for the current year if the person has been the owner (or co-owner or joint owner) of the respective immovable as of 1 January of the same year and if the person files the application by 1 May. If there is a change of owner, the new owner of the immovable has the right to receive the payment after a new application is filed, proceeding from the terms established in legislation.

The payment is also paid out in subsequent years on the basis of the application submitted, which means that it is not necessary to re-apply every year. In the case of change of circumstances constituting the basis for payment (e.g., profit-yielding land within the protection zone of an engineering structure begins to be used for the designated purpose, the proportion of co-owner property changes, or there are changes in the details necessary for the payment to be disbursed – name, bank account etc.), the owner is obliged to notify the owner of the utility network.

For more, see Law of Property Act implementing act.

More information on toleration payments:

Ene Antik
Land services specialist
Telephone: +372 715 1163
Email: ene.antik@elering.ee
Kadaka road 42, Tallinn

Submission of application

The deadline for submitting the application for toleration payments for a utility network is 1 May.

Applications can be submitted by the owner of the registered immovable or a person authorized by the owner. Applications can be submitted electronically and in hard copy to the contact addresses specified below.
If the immovable property is encumbered with right of superficies, usufruct or any other limited real right, the owner of the immovable property is the one who must apply for the payment. If the toleration payment is applied for by the holder of the right of superficies or usufruct, a relevant document must be appended to the application certifying transfer of the right to apply for the toleration payment.
In the case of immovable property in common ownership, application can be submitted jointly by co-owners or by one co-owner as an authorized representative. The representative must prove their authority by presenting a decision of the co-owners for appointing the representative. If co-owners do not submit a joint application, each co-owner must submit a separate application based on the proportion of the legal share belonging to him or her.
In the case of an immovable property divided into apartment property, the application must be submitted by the apartment association.
- In the case of joint property (such as property acquired during marriage), the application must be submitted by the person entered into the land register as the owner.
- In the case of joint property, the toleration payment shall be paid for the entire property in the extent set forth in legislation to the person who submitted the application, as the proportion of the shares of the owners is not defined in the case of joint property. The joint owners can divide the payment among themselves as they see fit after the toleration payment is received on the account of the person who submitted the application.

To submit the application, complete the application form attached to this page.

Application for receiving toleration payments may be submitted electronically to (ene.antik@elering.ee or info@elering.ee) or by post (Elering AS, Kadaka road 42, 12915 Tallinn).

Amount of the payment

The annual toleration payment is 7.5 per cent of the taxation price of the land multiplied by the coefficient of the spatial and substantive extent of the restriction. The coefficient of the spatial extent of the restriction is the ratio of the area of the restriction to the area of the cadastral unit. The estimated coefficients for the spatial extent of the restriction are set forth in an annex to the Law of Property Act implementing act.

The Land Board data is used as the basis for calculating the toleration payment. For information on the amount of toleration payments, see the Land Board toleration payment calculator.

In addition to the amount set forth in legislation, the owner of the immovable has the right to seek a toleration payment as compensation for expenses borne if said expenses were unavoidable for the owner of the encumbered immovable and amounted to more than one-third of the toleration payment. Elering has the right to request documentation for substantiating the expenses borne by the owner of the immovable.

The toleration payment shall not be paid out if the amount if less than one euro for one immovable.

Disbursement of toleration payment

The toleration payment for a current year is paid out by 30 September of that year.

The payment is transferred to the account specified in the application.

if the recipient of the toleration payment is an individual, 1/3 of the toleration payment is tax-exempt pursuant to the Income Tax Act (clause 19 (3) 15)). Income tax will be assessed on the remaining 2/3 of the toleration payment and withheld by the authority making the payment.

Frequently asked questions

1. I have already previously submitted an application and my data have not changed. Do I still have to submit a new application?

Applications submitted before 1 January 2019 did not provide a way for the applicant to specify, in the case of land zoned as profit-yielding land, that it is not possible to use the land for that purpose within the protection zone around utility lines. For example, a utility line crosses a stand of forest, and it is not possible to grow trees within the protected zone around the line. By default, lack of such a confirmation on an application automatically means that the land within the protection zone of the technical infrastructure can partially be used (for example for cultivating fields or making hay) and pursuant to the table in the annex to the legislation, a coefficient of 0.5 is applied when calculating the fee.

2. How do I know whether I have co-ownership or joint ownership or both at the same time?

Where applicable, division II of the land register will list the size of the share of co-ownership or include a notation regarding joint ownership. Co-ownership may also be joint ownership if the assets were acquired during marriage or became joint property through succession.

**In the case of co-ownership, the respective shares of the owners are defined and the size of the co-owners’ respective shares are expressed as a fraction (the legal share). Each co-owner may dispose of their respective legal share of the co-owned property.

***Joint ownership arises in instances such as property acquired by spouses during their marriage (excluding what they acquire by succession or as a gift). Joint property also arises upon succession. In the case of joint property, the respective shares jointly owned property are not defined. All transactions with joint property must be executed by the joint owners jointly.

The deadline for submitting the application for toleration payments for a utility network is 1 May.

Applications can be submitted by the owner of the registered immovable or a person authorized by the owner. Applications can be submitted electronically and in hard copy to the contact addresses specified below.
If the immovable property is encumbered with right of superficies, usufruct or any other limited real right, the owner of the immovable property is the one who must apply for the payment. If the toleration payment is applied for by the holder of the right of superficies or usufruct, a relevant document must be appended to the application certifying transfer of the right to apply for the toleration payment.
In the case of immovable property in common ownership, application can be submitted jointly by co-owners or by one co-owner as an authorized representative. The representative must prove their authority by presenting a decision of the co-owners for appointing the representative. If co-owners do not submit a joint application, each co-owner must submit a separate application based on the proportion of the legal share belonging to him or her.
In the case of an immovable property divided into apartment property, the application must be submitted by the apartment association.
- In the case of joint property (such as property acquired during marriage), the application must be submitted by the person entered into the land register as the owner.
- In the case of joint property, the toleration payment shall be paid for the entire property in the extent set forth in legislation to the person who submitted the application, as the proportion of the shares of the owners is not defined in the case of joint property. The joint owners can divide the payment among themselves as they see fit after the toleration payment is received on the account of the person who submitted the application.