Building a small house (up to 80 m²) seems like a simpler alternative for those who want to quickly set up their own home without major bureaucratic obstacles. However, even this type of construction is subject to clear legal requirements, and failure to comply with them can have serious legal consequences, ranging from mandatory suspension of construction to a requirement to demolish the building. In this article, we explain in detail what is currently required by law, when a building permit is required and when it is not, and what documents are needed if a permit is required.
What is considered a simple structure under the law
According to the currently valid Regulation on the Classification of Structures STR 1.01.03:2017 (as amended on October 24, 2024), buildings up to 80 m² can be classified as simple structures. Such structures can usually be built under a simpler procedure, but only if they meet specific technical parameters.
A simple structure is not defined solely by its area – other criteria must also be taken into account, which we will look at below.
1. Area limit – 80 m²
According to Annex 5 (STR 1.01.03:2017), Group I simple residential buildings are subject to the condition that the total area of the building must not exceed 80 m² and the height of the building must not exceed 5 m. This means that both the total area and the height must be assessed together – if either of these indicators is exceeded, the building loses its uncomplicated status.
Note: the total area includes not only living rooms, but also all appurtenances of the building – vestibules, storage rooms, attics (if they are used as living space), etc.
2. Height and number of floors
A simple structure may not be higher than 5 meters from the ground, measured from the lowest point of the surface. The building must also be single-story—even if an attic is built, it should not be treated as a full second floor.
According to the law, if a second floor is built or the height exceeds 5 meters, the building becomes more complex and is subject to stricter design and permit requirements.
3. Building group – I or II?
According to the regulations, buildings up to 80 m² can be classified as either group I or II. The difference between them depends on:
- the intended use of the building (residential, non-residential, auxiliary, etc.);
- whether the building is located in an urbanized area;
- whether the building is classified as hazardous due to the materials or technologies used.
Generally, single-family residential buildings that meet the specified parameters and are not used for hazardous activities are considered simple buildings in group I.
“A simple structure must not only be small, but also safe, both in terms of its construction and its impact on the environment. Legal liability depends on this,” says Romas
Mikulėnas, VTPSI engineer.
When is a building permit not required for a house up to 80 m²?
When considering a small detached house, many builders hope to avoid a lengthy permit approval process. And indeed, in some cases, a building permit is not required for a house up to 80 m², but only if all the specific conditions set out in the applicable legislation and the recommendations of the Ministry of the Environment and the VTPSI are met.
In addition to meeting these conditions, any structure, regardless of its size, must be built legally, otherwise it would be considered unauthorized construction.
No permit is required if the following conditions are met
According to the explanations of the VTPSI for 2023–2024, a building permit is not required if the following is being built:
- a single-family residential building with a total area of up to 80 m²;
- no higher than 5 m;
- in an unurbanized area where no detailed plan has been approved;
- not in a cultural heritage area;
- not on state-owned land (unless you have a trust or lease right);
- without connection to centralized engineering networks (water supply, sewerage, heating networks).
In this case, a permit is not mandatory, but the building must still be legally registered, and after completion of construction, a declaration of completion of construction must be submitted.
“Not everything that is small is simple. Failure to comply with requirements can cost thousands – not in documents, but in court.” – Tomas Bacevičius, construction lawyer.
When is a permit mandatory?
There are many cases where a building permit is required even for a small house, for example:
- if it is being built in an urbanized area with an approved detailed plan;
- if the building is connected to utilities (sewer, water, heating);
- if it is being built in a protected area, including cultural heritage sites or regional parks;
- if the planned construction exceeds the established technical parameters – height, area, or purpose.
In such cases, it is necessary not only to obtain a permit, but also to prepare a technical work project, which must be coordinated with the responsible authorities.
Where and how can such a house be built?
When building a detached house of up to 80 m², it is important to know that even simple structures are subject to strict territorial, purpose, and legal restrictions. Construction possibilities depend not only on the size of the building, but also on the location where it is planned – the purpose of the plot, its location, and special territorial restrictions.
The purpose of the plot is the main limiting factor
A residential house may only be built on a plot of land whose main purpose allows it. If the plot is intended for agricultural use, it is necessary to check whether part of the plot has already been rezoned for another purpose (e.g., single-family residential area) before starting construction. Otherwise, a change of purpose procedure will have to be carried out, and failure to do so will result in illegal construction.
Urbanized or non-urbanized area
A very important factor is whether the plot is located in an urbanized or non-urbanized area. In non-urbanized areas where there is no approved detailed plan, construction may be simpler and sometimes even does not require a permit. Meanwhile, in urbanized areas, especially those with approved planning documents, a permit is almost always required, even for buildings smaller than 80 m².
Protected areas and heritage
Before starting construction, it is necessary to find out whether the planned object is located in a protected area – regional parks, nature reserves, or cultural heritage protection zones. In such areas, construction is only permitted with additional approvals and often subject to stricter architectural and environmental requirements. All approvals must be obtained from the responsible authorities – the Department of Cultural Heritage, the National Service for Protected Areas or the local municipality.
Distances from plot boundaries and neighboring buildings
Even without a permit, a building must comply with technical standards, especially regarding distances from plot boundaries. The minimum distances depend on the type of construction, the purpose of the building, and other criteria, but they must be observed in all cases. Failure to comply with the specified distances may not only result in complaints from neighbors, but also in the obligation to rebuild or even demolish the structure.
“The most common mistake is to think that if no permit is required, then nothing needs to be checked. But even without a permit, you must comply with the regulations for the use of the territory,” says Dainius Kamaitis, chief architect of the municipality.
Other technical and design requirements
Even if a building permit is not required for this type of building, this does not mean that there are no technical or design requirements. Even when building a small, simple house, it is necessary to follow certain procedures, failure to comply with which can have serious consequences. In this section, we will review the most important aspects that a builder must pay attention to before starting work.
Is a design necessary?
According to the Construction Law, if a single-family residential building of up to 80 m² is being built, a design may not be necessary if no building permit is required and if the building is not being built in an urbanized area.
However, even in such cases, the VTPSI recommends preparing at least a minimal technical drawing that clearly indicates the location of the building on the plot, the building area, height, distances from the plot boundaries, and other basic technical data.
This document is particularly important when declaring the completion of construction and registering the building with the Register Center.
When is a building inspection or engineer required?
If a more complex structure is being built, unusual materials are being used, the building is located on a slope, in a flood zone, or there is a risk due to ground conditions, the builder must consult a qualified engineer or architect. Such a specialist will not only help to assess the reliability of the structures, but will also ensure that the project complies with the requirements of the STR and is legal.
An expert assessment is mandatory when:
- a building permit is required (e.g., in an urbanized area),
- the building is designed with underground parts,
- unusual or large span structures are planned.
Declaration of completion of construction
Regardless of whether a permit was required or not, after completion of construction, a declaration of completion of construction must be submitted, which is the most important document for registering the structure and proving that the construction was carried out legally. The declaration specifies the main details of the building, the builder’s responsibility, and other necessary documents (e.g., topographical photograph, cadastral measurements) are attached.
Without this step, the Register Center will not register the building, which means that it cannot be sold, mortgaged, or used as a place of residence later on.
How to prepare for construction – practical steps
Although construction of up to 80 m² may seem like a simpler process, in reality, success depends on proper preparation. Even if no permit is required, it is necessary to consider all aspects, from legal analysis of the plot to the organization of the construction process. In this section, we will review the most important practical steps that every responsible builder must take.
Legal analysis and document verification
The first step is to assess the legal situation of the plot. You need to check the intended use of the plot and whether there are any registered easements, restrictions, or planning documents. This can be done through extracts from the Register Center and the local government or municipality that administers the territory.
If there are any doubts about the possibility of construction, it is worth consulting a land-use planning specialist or a construction lawyer.
Design: to hire an architect or not?
If a permit is not required, the design may not be formally mandatory. However, in practice, it will be difficult without drawings to:
- plan the exact location of the building;
- complete the construction completion procedures;
- register the building.
Therefore, even for a simple building, it is recommended to order at least a minimal technical design or use standard designs if a modular or frame house is being built.
“Drawings are not bureaucracy, but a means of control. Without them, you won’t even know what your contractor is building,” says Laurynas Staniulis, head of a design company.
Cost planning and selection of contractors
Before starting construction, it is necessary to estimate the costs. Even a small house can require significant expenses if the wrong technologies, materials, or work processes are chosen.
It is important to decide whether all the work will be done by the builder themselves or whether a contractor will be hired. If you choose to build yourself, keep in mind that you will be responsible for complying with all legal requirements, submitting declarations, and ensuring that the building meets all requirements.
If a contractor is hired, it is necessary to draw up a written contract that clearly defines the scope of work, duration, and guarantees.
Most common practical mistakes
The construction process is sensitive not only to legal but also to practical issues. Among the most common mistakes are failure to assess soil conditions, inaccurate measurement of distances to the plot boundaries, construction without at least a minimum project, and failure to submit a completion declaration.
All these mistakes can be avoided if the process is planned responsibly, rather than “by eye.”
Need help?
Even if it seems simple, the construction process requires precise knowledge of legal and technical nuances. If you are not sure whether you can build a house on your plot without a permit, or if you want to make sure that your project complies with all applicable requirements, the stav.lt team can help you.
We advise on:
- compliance of the land plot and building purpose,
- assessment of permit requirements,
- preparation of design and construction process documents,
- legal risk prevention.
Our specialists work with architects, lawyers, and VTPSI experts, so we can ensure that your construction will proceed smoothly and legally. Contact us – we will help you from the first idea to the last signature.