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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.

The owner of an immovable property can also apply for a toleration payment for a protection zone extending to their registered immovable even if the engineering structure is actually located outside the specific immovable property.

In order to receive the payment for toleration, the owner of an immovable property must submit an application, regardless of whether the toleration obligation is proceeding from the law, a contract for use of the land (contract granting personal right of use, real right contract, servitude contract, land contract or any other contract concerning use of the land) or compulsory possession.

The person registered as the owner of the relevant immovable property (including as a co-owner or a joint owner) on 1 March of the current year is entitled to receive the payment for this calendar year. If the owner of the immovable property changes after 1 March, the payment for the current calendar year is paid to the former owner (if the former owner has submitted the relevant application). The new owner of the immovable property is entitled to receive the payment based on the application after the submission of a new application.

The payment is made based on the submitted application also in following years until the submission of a new application. In the case of change of circumstances providing the basis for payment (more lines are constructed on the registered immovable, the amount of share in co-ownership changes, etc.), the owner must submit a new application.

 

Additional information:


Land Service Specialist/ Ene Antik
Laki 24, Tallinn
phone: +372 715 1163
E- mail: ene.antik@elering.ee

Pursuant to the Law of Property Act, the term of submission of applications for utility network and engineering structure toleration payment is 1 July.

  • Application can be submitted by the owner of the registered immovable or a person authorised by unattested proxy issued by the owner of the registered immovable. Applications can be submitted electronically and on paper to the contact addresses specified below.
  • The owner must submit separate application for each registered immovable. If the registered immovable includes several cadastral units, the owner must submit a single application for the entire registered immovable.
  • If the immovable property is encumbered with building rights or usufruct or any other limited real right, the applicant for the payment is the owner of the immovable property.
  • In the case of immovable property in common ownership, application can be submitted jointly by co-owners or by one co-owner as an authorised representative. The representative must prove their authorities with a resolution of the co-owners for appointing the representative. If co-owners do not submit a joint application, a co-owner must submit an application based on the proportion of legal share belonging to them.
  • In the case of an immovable property divided into apartment ownerships, application must be submitted by the apartment association board or the administrator of apartment ownerships. The apartment association board or the administrator of apartment ownerships must be authorised to submit the application by the resolution of general meeting of the apartment association or apartment owners.
  • In the case of joint property, an application must be submitted by the person entered into the land register as the owner.
  • The owner of an unregistered municipal property must also submit the resolution of municipalisation in addition to the application.

In order to submit an application, a form established with the regulation of the Minister of Economic Affairs and Communications must be filled in, provided in the attachment.

Applications for toleration payment can be submitted electronically to the address ene.antik@elering.ee or info@elering.ee as well as by letter (Elering AS, Laki 24, 12915 Tallinn).

With the decision of the case No. 3-4-1-25-11 of 17 April 2012, the Supreme Court declared the rates of toleration payment established based on the Law of Property Act contrary to the constitution. After this, the legislator has not established new rates of toleration payment, and the decision of the Supreme Court also did not specify how it could be possible to ensure equal payment of fair toleration payment to all land owners without a legal basis.

The Supreme Court explained the issues related to toleration payment in the decision of the case 3-2-1-87-14 of 11 March 2015, pursuant to which the land tax for the right of use of the utility network’s or engineering structure’s area must be compensated to land owners.

In 2015 and 2016, Elering compensated land tax for the part of registered immovables covered by a protection zone of power lines as a toleration payment. In the future, the amount of toleration payment may change, as the state has started work to ensure that the regulation of toleration payments would proceed clearly from legal acts.

Proceeding from the law, based on the submitted application, the compensation must be paid by 1 December. Money must be transferred to the bank account of the owner of the immovable property. In the case of immovable property divided into apartment ownerships, compensation must be paid to the apartment association or the administrator of apartment ownerships, who is obliged to pay relevant compensations to apartment owners or offset it with claim for management costs.

Pursuant to the Law of Property Act, the term of submission of applications for utility network and engineering structure toleration payment is 1 July.

  • Application can be submitted by the owner of the registered immovable or a person authorised by unattested proxy issued by the owner of the registered immovable. Applications can be submitted electronically and on paper to the contact addresses specified below.
  • The owner must submit separate application for each registered immovable. If the registered immovable includes several cadastral units, the owner must submit a single application for the entire registered immovable.
  • If the immovable property is encumbered with building rights or usufruct or any other limited real right, the applicant for the payment is the owner of the immovable property.
  • In the case of immovable property in common ownership, application can be submitted jointly by co-owners or by one co-owner as an authorised representative. The representative must prove their authorities with a resolution of the co-owners for appointing the representative. If co-owners do not submit a joint application, a co-owner must submit an application based on the proportion of legal share belonging to them.
  • In the case of an immovable property divided into apartment ownerships, application must be submitted by the apartment association board or the administrator of apartment ownerships. The apartment association board or the administrator of apartment ownerships must be authorised to submit the application by the resolution of general meeting of the apartment association or apartment owners.
  • In the case of joint property, an application must be submitted by the person entered into the land register as the owner.
  • The owner of an unregistered municipal property must also submit the resolution of municipalisation in addition to the application.

In order to submit an application, a form established with the regulation of the Minister of Economic Affairs and Communications must be filled in, provided in the attachment.

Applications for toleration payment can be submitted electronically to the address ene.antik@elering.ee or info@elering.ee as well as by letter (Elering AS, Laki 24, 12915 Tallinn).

With the decision of the case No. 3-4-1-25-11 of 17 April 2012, the Supreme Court declared the rates of toleration payment established based on the Law of Property Act contrary to the constitution. After this, the legislator has not established new rates of toleration payment, and the decision of the Supreme Court also did not specify how it could be possible to ensure equal payment of fair toleration payment to all land owners without a legal basis.

The Supreme Court explained the issues related to toleration payment in the decision of the case 3-2-1-87-14 of 11 March 2015, pursuant to which the land tax for the right of use of the utility network’s or engineering structure’s area must be compensated to land owners.

In 2015 and 2016, Elering compensated land tax for the part of registered immovables covered by a protection zone of power lines as a toleration payment. In the future, the amount of toleration payment may change, as the state has started work to ensure that the regulation of toleration payments would proceed clearly from legal acts.

Proceeding from the law, based on the submitted application, the compensation must be paid by 1 December. Money must be transferred to the bank account of the owner of the immovable property. In the case of immovable property divided into apartment ownerships, compensation must be paid to the apartment association or the administrator of apartment ownerships, who is obliged to pay relevant compensations to apartment owners or offset it with claim for management costs.

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