1. Nature and legal effect
A certificate of tolerance does not legalise a construction or replace building papers. It confirms that an older construction meeting the statutory temporal and substantive conditions is not subject to removal solely because the original construction documentation is missing or defective.
2. Applicable regimes
Eligibility depends on the date of construction, the transitional rule invoked and compatibility with the planning and construction standards applicable at the relevant time or accepted by the current regime.
3. Preliminary legal review
Before applying, identify the property, construction, period, planning status, ownership, permits or archive materials and any enforcement orders. A certificate cannot cure every planning, title or safety defect.
4. Evidence
Evidence may include cadastral and planning documents, archive plans, tax records, utility documents, declarations, technical surveys and other reliable material showing when and how the construction existed.
5. Competent authority and application
The application is submitted to the competent municipal or district authority with the required ownership and technical documents. The authority may inspect the site, request additional evidence and assess compliance with the relevant statutory criteria.
6. Refusal and challenge
A refusal should identify the missing factual or legal condition. Depending on its form, it may be challenged under administrative-law rules within the applicable deadline.
7. Transactions and financing
Even with a certificate, buyers and lenders should examine title, cadastral correspondence, use, safety, access and future development restrictions. The certificate addresses only part of the property’s legal risk.
This material is general information and does not constitute legal, tax or financial advice. Applicable law and practice must be checked against the facts of the particular case.