If the parking space is located in a garage building on an encumbered plot, it is a building easement. Plot easement, on the other hand, applies if the parking space is located in the yard of an encumbered plot or in a carport located there.

If an entitled property has the right to use a household waste collection point or waste container located on an encumbered plot, it is a plot easement, but if the object of the easement right is a waste collection room in a building, it is a building easement. 

If it is agreed that the property has the right to place on the land of another property lines and equipment related to domestic and wastewater discharges or telephone, electricity, gas, heat or other similar lines and equipment, it is a plot easement. 

If a transport connection within a building is agreed, it is a building easement. If, on the other hand, access rights on a plot are agreed, it is a plot easement. 

The easement is applied for through the e-service(extrernal link)(external link, opens in a new window). Log in to the service and select “Luo uusi - Rakennusrasite- tai yhteisjärjestelyhakemus” (“Create new – Building easement or joint arrangement application”). . The average processing time of an application is one to two months. When the decision becomes legally valid, the easement is entered in the property register.  

A building easement may be formed if it promotes the appropriate construction or use of the property, the easement is necessary for the holder of the easement right and does not cause significant damage to the encumbered property (Section 158(2) of the Land Use and Building Act). 

In practice, the formation of a building easement is required in the building permit if actions required for construction are located on another property and the arrangement is necessary for the property being constructed. For example, the parking spaces required by the town plan may be located in a building on another property according to the town plan. 

When an application for a building easement or joint arrangement is submitted through the e-service, it is not necessary to fill in and submit a separate application form. If not all the parties to the agreement apply for the formation of the easement, the other parties must give a power of attorney to apply for the easement, either separately or as a power of attorney in the easement agreement.

The application must be accompanied by an easement agreement signed by the owners and tenants of the property. The agreement must indicate the entitled and encumbered property and the easement right agreed upon. In order to avoid potential contractual disputes, efforts should be made to reach as clear and unambiguous an agreement as possible on the issue of easements. 

As a general rule, the agreement is accompanied by an attached drawing(s) clearly marked with, for example, the location of the easement area in different colours. Depending on the type of easement, for example, a site plan or floor plan may be attached. 

Building Control does not draw up easement agreements.

The application does not need to be accompanied by a certificate of registration of title if the applicant has legal confirmation of title to the property covered by the agreement. Otherwise, the application must be accompanied by proof of ownership or possession of the property. The proof could be, for example, a contract of sale.

If the encumbered property in the agreement is a property owned or leased by a housing company, the application must be accompanied by the minutes of the (extraordinary) general meeting of the housing company, which show that the company has accepted the easement agreement as binding.  

If the housing company owns or has leased the entitled property, the minutes of the Board meeting are sufficient proof for the company’s acceptance

According to the Building Control rates (§ 15), a fee of €300 per decision is charged for the formation of a building easement. An additional fee of €150 is charged for each additional building easement. Two fees are charged for mutual easements.

The payer must be indicated in the easement application.