A construction project is a set of documents that outlines all the technical, architectural, safety, and functional solutions for a future building. However, not everything is always implemented exactly according to the initial project – during construction, it is often necessary to change some of the solutions. Such changes may be significant or insignificant. It is important to know which of them are permitted without additional coordination and which require additional formalization or even a new permit.
What are minor project changes?
Minor changes to project solutions are design changes that do not alter the essential parameters or solutions of the building and do not affect the safety, purpose, environment, or interests of the owners of neighboring plots. These changes do not violate the essential requirements set out in the Construction Law or technical regulations for construction.
According to the explanation of the State Territorial Planning and Construction Inspectorate (2019-04-08), the following may be considered minor changes:
- Relocation of windows or doors on the same facade without changing their number or type.
- Replacement or removal of internal partitions, provided that they are not structural and do not affect fire safety.
- Corrections to the route of engineering networks within the boundaries of the plot, provided that they do not conflict with the connection conditions.
- Minor changes to the height, slopes, stairs, or balconies that do not affect the structural design.
It is important to note that such changes do not require a new building permit, but in some cases they must be indicated in the project documentation and registered in the INFOSTATYBA system.
When are minor changes to a project permitted?
Minor changes to project solutions are permitted in cases where the essential requirements for the design or construction of the building are not violated and where such changes do not affect the interests of third parties or public space.
This is particularly relevant when a building permit has already been issued and changes arise during construction.
The permissibility of changes depends on several key criteria:
- Type and purpose of the building. Minor changes are most often applied to simple or single-family residential buildings with simplified design.
- The scope of the design solutions. Only changes that do not affect the structure, fire safety, purpose, volume, energy efficiency, or environmental impact of the building are permitted.
- The status of the territory. If the building is located in a cultural heritage site or protected area, even a minor change may be considered significant.
- Coordination between institutions. If a particular design solution has been coordinated with the municipality or another institution, its change is considered significant, even if it appears minor from a technical point of view.
According to the explanation of the State Territorial Planning and Construction Inspectorate, minor changes are only allowed if they are not defined as significant under the Construction Law or STR. If in doubt, it is always recommended to consult with the project manager or the construction inspectorate.
“Even a minor change can be considered significant if it changes a project that has been agreed with the authorities. The line between significant and minor is not always clear.” – Building Inspection, 2023.
How to formalize minor changes to the project?
Minor changes to the project, although they do not require a new permit, must still be properly formalized. If such changes are not documented, they may cause problems upon completion of construction, especially if the project is registered in the INFOSTATYBA system or if the building is constructed according to an approved project.
When is formalization required?
Formalization is necessary when changes are made after the permit has been issued and alter the project documentation, even if they are insignificant from a technical point of view. This is particularly relevant when building in areas with special architectural or safety requirements, as well as when the project must be registered or submitted for state evaluation.
Project update
All changes must be noted by the designer himself – this is done by means of additional drawings or an explanatory note indicating exactly what has been changed and why. These documents become an integral part of the technical project and must be kept together with the original project.
Responsibility of the builder
The builder decides whether the change is minor in accordance with Article 20 of the Construction Law. In order for the decision to be justified, it is recommended to have written confirmation from the designer. If in doubt, it is advisable to consult municipal specialists or the building inspectorate.
Uploading to the INFOSTATYBA system
If the project has been registered in the electronic INFOSTATYBA system, all additions must be uploaded as additional material. This ensures that the latest documents are available to the authorities and included in the final declaration of completion of the building.
Completion of construction
Upon completion of construction, the declaration shall indicate that minor changes have been made. This protects the builder from possible disputes regarding deviations from the project and ensures that the entire construction process complies with the applicable legislation.
“Any discrepancies between the actual project and the documentation are a risk. Properly documenting even minor changes protects against costly problems.” – Jonas Mikučiauskas, real estate technical maintenance expert
What are the consequences of incorrectly documented changes?
Although minor changes to a project may seem insignificant, if they are not properly documented or not documented at all, you may face serious consequences, both legal and practical.
Non-approval of a building for use
The main risk is that the building will not be approved for use. The building inspectorate checks whether the completed building complies with the project documentation. If discrepancies are found that have not been formalized as changes, the following may be required:
- Retroactive formalization of changes (which is often complicated or even impossible);
- Repeating part of the design and documentation;
- Or – repairing or even demolishing the non-compliant part of the building.
Fines and warnings
Article 40 of the Construction Law provides for liability for deviations from the approved design. If the changes were not documented or were classified as “insignificant” without justification, fines may be imposed on the builder or designer. In addition, this may become a basis for not recognizing the declaration of completion of construction.
Problems during real estate transactions
In cases of purchase, sale, donation, or inheritance, it may become apparent that the building does not comply with the project, and the notary or the Registry Center may refuse to perform the transaction. This causes direct financial losses or delays.
“Unregistered changes often come to light when you least expect them – when selling a home or receiving an inquiry from the inspectorate. Therefore, it is always better to do everything properly in advance.” – Rasa Narkevičienė, real estate lawyer
Need help?
The construction process is complex and often confusing, especially when it comes to deciding on project changes and their legal formalization. Even minor changes, if not properly handled, can have serious consequences, ranging from additional costs to legal disputes or construction stoppages.
Stav.lt can help:
- Assess whether a specific project change is significant or minor;
- Prepare the necessary documentation and corrections in accordance with applicable laws;
- Formalize solutions in the INFOSTATYBA system;
- Advise on communication with the municipality or other institutions.
If you are not sure whether your decision complies with the applicable regulations, it is better to check in advance than to face problems later.