Can I pay the fine and keep the unauthorised building?
You cannot — and this is the most dangerous myth in construction. Paying a fine does not legalise a building. The building authority can still stop the works, prohibit use of the building, and order it demolished or the previous condition restored — at your expense. And "unauthorised construction" is broader than you think. The Building Law recognises five forms: work without the required approval, work without a BIS construction notice, work contrary to legal requirements, work contrary to the approved design, and use contrary to the designed purpose. Legalisation is possible only where the building is permitted in that location and can be fully brought into compliance.
📋 The rules
- The law recognises five forms of unauthorised construction
- A fine does not legalise the building
- Without documents: up to €2,000 or €20,000
- Departing from the design: up to €2,000 or €2,500
- The authority can order demolition or restoration
🔓 Exceptions
- Work for which the law requires no documents is not unauthorised construction
- Legalisation is unavailable where planning or protection rules prohibit the building there
- Any co-owner may remedy the consequences without the other co-owners' consent
⚠️ Penalties & fines
The fine is only one part of the risk. The authority may stop the work, prohibit use of the building, order legalisation documents to be prepared, order demolition or restoration, and — if you refuse — enforce the decision by substitute performance. The owner bears the restoration costs. And beware using a building before it is accepted for operation: using a second-group building beforehand costs up to €1,250 for a natural person and €1,750 for a legal entity; for a third-group building, €2,000 and €7,100. Since 1 November 2025 the definition expressly includes use contrary to the designed purpose.
📎 Official sources
❓ Frequently asked
Does the fine legalise the building?
It does not. Paying a fine does not make the structure lawful — the authority can still stop the works, prohibit use, and order demolition or restoration of the previous condition at your expense.
What counts as unauthorised construction?
Five forms: work without the required approval, without a BIS construction notice, contrary to legal requirements, contrary to the approved design, and use contrary to the designed purpose.
Can an unlawful building be legalised?
Only where the building is permitted in that location and can be brought fully into compliance. Where planning or protection rules prohibit it there, legalisation is not available at all.
How large is the fine?
Building without the required documents costs up to €2,000 for a natural person and up to €20,000 for a legal entity. Departing from an approved design costs up to €2,000 and €2,500.
Can one co-owner act alone?
Yes. Any co-owner may take action to remedy the consequences of unauthorised construction without obtaining the consent of the others. That was expressly confirmed in the 2025 amendment.
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