Buying property in Estonia as a foreigner: steps, checks and the notary

Buying property in Estonia always goes through a notary: the sale contract and the agreement transferring ownership must be notarised, and you become the owner only when the land register enters you as owner. The notary checks the land register and the seller’s right to sell, but does not survey the building, so checking its condition and, for an apartment, the association’s finances is up to you.

Key points

  • The sale contract, the real right agreement transferring ownership and any preliminary agreement must be notarised (Law of Property Act (AÕS) §§ 119–120; Law of Obligations Act (VÕS) § 33).
  • Ownership passes on the land register entry, not on signing or payment (AÕS § 64¹).
  • The land register is public, and no one can claim not to know its entries (AÕS § 55).
  • A mortgage or other registered right stays on the property after the sale until it is deleted from the land register (AÕS §§ 64², 330).
  • An apartment buyer is liable, as a guarantor and up to the apartment’s value, for the seller’s debts to the apartment association that had already fallen due (Apartment Ownership and Apartment Associations Act (KrtS) § 43(2)).

1. Know what you are buying

The land register (kinnistusraamat) has a separate register part for each unit: a plot of land, an apartment or a right of superficies (Land Register Act (KRS) § 5¹). Apartment ownership (korteriomand) combines the apartment with a share in the land and the common parts, and the two cannot be sold separately (KrtS §§ 1(1), 11(1)).

2. Check the land register

Anyone can view a register part online in the e-Land Register (e-kinnistusraamat) or at a notary’s office, searching by address or cadastral number (KRS § 74). Entries are presumed correct (AÕS § 56). If you buy relying on them, they count as correct in your favour, unless an objection (vastuväide) is registered or you knew or should have known that they were wrong (AÕS § 56¹). Each register part has four sections (KRS §§ 13–16):

Section What it shows What to check
1. Composition (koosseis) Cadastral number, intended use, area Does it match the deal?
2. Owner (omanik) Owners and their shares Is the seller the only owner?
3. Encumbrances and restrictions (koormatised ja kitsendused) Servitudes, pre-emption rights, restrictions on disposal, notations Rights of others over the property, prohibition notations
4. Mortgages (hüpoteegid) Mortgage holder and amount How each mortgage will be removed

Unless the contract says otherwise, the seller must remove registered rights such as a mortgage, even if you knew about them (VÕS § 218(5)). Often the seller’s loan is repaid from your price and the bank then applies to delete the mortgage, with the owner’s consent (AÕS § 330); until then the bank can still satisfy its claim from the property (AÕS § 325(1)).

3. For an apartment: check the apartment association

Every apartment owner is a member of the apartment association (korteriühistu), through which the owners manage the common parts, and pays advance charges under its economic plan (KrtS §§ 1(4), 34(2), 40(1)).

  • Arrears. Unless you buy in enforcement or bankruptcy proceedings, you are liable to the association as a guarantor for the seller’s obligations from the apartment that had already fallen due, up to the apartment’s value (KrtS § 43(2)). The association also has a pledge over the apartment by law to secure its claims (KrtS § 44). The seller, as an owner, can obtain information from the board (KrtS § 45), so ask for a written statement of arrears.
  • Economic plan (majanduskava). It shows the condition of the common parts, planned works and repair fund payments (KrtS § 41(1)). A loan that, alone or with existing obligations, exceeds the previous year’s management costs must first be noted in the register of apartment associations (KrtS § 36).
  • Use arrangements. An agreement between owners, for example on a parking space, binds you only if it is entered in the land register (KrtS § 13(3)).

4. Check the building, tenants and restrictions

  • Permits. Check in the Building Register (ehitisregister) whether the building and any extension or conversion have the required permits.
  • Condition. Have an expert inspect the property: you cannot later claim for defects you knew or should have known about when signing (VÕS § 218(4)). See our guide on hidden defects in property.
  • Tenants. If the property is let and the tenant has moved in, the landlord’s rights and obligations pass to you (VÕS § 291(1)). See renting an apartment in Estonia.
  • Restrictions. Estonian law restricts the acquisition of some immovables, in particular agricultural and forest land and land in certain areas, depending on the land and the buyer. The notary must point out any permit or consent the transaction needs (Notarisation Act (TõS) § 19).

5. Agree the deal in notarial form

A promise to buy or sell real estate, including a preliminary agreement (eelleping), is not concluded until it is notarised (AÕS § 119(1); VÕS §§ 11(2), 33(2)). Without the form required by law, a transaction is, as a rule, void (General Part of the Civil Code Act (TsÜS) § 83(1)). A “reservation agreement” signed without a notary cannot bind either side to buy or sell, so check its terms on any booking fee before you pay. You can find a notary through the Chamber of Notaries.

Ask for the notary’s draft in advance and have it reviewed. Deeds are in Estonian, but on request the notary may use another language they know well enough; if you do not understand the deed’s language well enough, it must be translated to you, and you can ask for a written translation (TõS §§ 5, 17). The notary is impartial and does not represent either side, but must explain the meaning and legal consequences of the deal (TõS § 18(1)); foreign law and tax consequences need not be explained (TõS § 18(5)). The notary records the buyer’s marital status. If Estonian law governs your matrimonial property and the property becomes joint property, both spouses are entered as buyers (TõS § 22(2)–(3)).

If you cannot attend, a representative can sign under a power of attorney notarised in the same way (TsÜS § 118(3)); one made abroad must meet extra requirements, usually an apostille or legalisation (TõS §§ 56–57). See power of attorney in Estonia.

6. Signing, payment and the land register entry

At the notary you sign the sale contract (müügileping) and the real right agreement (asjaõigusleping), often in one deed. A real right agreement made subject to a condition or a date is void (AÕS § 120(2)), so payment must be arranged to protect both sides. According to the Chamber of Notaries, the notary’s deposit account (notari deposiit) is most often used to pay for property: the notary pays the money out only when the conditions agreed by the parties are met, for example once you are registered as owner or the old mortgage is deleted. The notary must also establish where the money comes from, including your own contribution, so have documents ready. A bank loan is normally secured by a mortgage (hüpoteek), created by a notarised agreement and a register entry (AÕS §§ 325–327).

The notary sends the documents to the land register department of Tartu County Court (TõS § 53(1); KRS § 2). An application to transfer a property must be reviewed within one month of its receipt at the latest, although the court can extend this if something needs checking (KRS § 46(2)). You become the owner when the entry is made (AÕS § 64¹).

Handover and costs

The risk of accidental damage passes to you on handover, and until then the seller bears the property’s costs and charges (VÕS §§ 214(2), 216(2)). The seller is liable for defects existing when the risk passes (VÕS § 218(1)), so sign a handover report recording meter readings, keys and visible faults.

The notary fee depends on the transaction value, generally the agreed price (Notary Fees Act (NotTS) § 3), and a state fee is payable for the register entry (KRS § 33(2)); the notary must explain the fee and tell you the amount of the state fee (NotTS § 39).

Buying off-plan or from a developer

You can buy an apartment that is still being built, in the same notarial form (VÕS § 208(1); AÕS § 119). Until it is registered in your name you only have a contractual claim, so agree in the contract that a prior notation (eelmärge) is entered in the land register; it needs the developer’s application or consent (AÕS § 63¹(1)). Later sales or mortgages by the developer, including disposals in enforcement or by a bankruptcy trustee, are then void insofar as they would harm or restrict your claim (AÕS § 63(1), (3)–(4)). The notation does not override rights registered earlier (AÕS § 59(1)), so check the developer’s mortgages on the plot. Check the developer in the e-Business Register and link payments to construction stages. If you buy from a business as a consumer, a defect appearing within two years of handover is, as a rule, presumed to have existed at handover (VÕS § 218(2¹)).

After you become the owner

If you have no registered residence in Estonia, you must tell the land register department about any change of your address without delay (KRS § 35²(4)). Give the apartment association your contact details and postal address, or it may treat the apartment as your address (KrtS § 46).

Frequently asked questions

Can a foreigner buy property in Estonia?

Foreign individuals and companies can be registered as owners, including with a foreign personal identification code; the application also states a foreign buyer’s citizenship and whether they hold an Estonian residence permit (KRS § 35²). Restrictions apply to some land, so ask the notary to check this before you sign.

Who pays the notary fee and the state fee?

Between buyer and seller, by default the buyer pays the costs of notarising the sale contract and of the land register entry (VÕS § 215(1)), but the contract can split them differently. Towards the notary, everyone who asked for the notarisation is jointly liable for the fee (NotTS § 38).

Do I have to come to Estonia to sign?

Not necessarily. A representative can sign under a notarised power of attorney, and the law allows remote notarisation by video link (TõS §§ 1(3¹), 13(7)–(8)). According to the Chamber of Notaries, property transactions can be done this way, also from abroad, by agreement with the notary; you need a working ID card or other accepted digital ID and a computer with a camera.

How Erovik Law Office can help

Real estate transactions and disputes are one of our practice areas, and real estate litigation is where the office has particularly strong and consistent experience. We are not a notary: our lawyer (jurist) Ero Liivik works on your side, in English or Estonian, reviewing the draft contract before you sign (from EUR 120) and going through the register extract and association documents with you. If problems appear after the purchase, see real estate disputes. We agree the scope and price first; prices are final with no VAT added, while notary fees, state fees, translations and expert costs are extra. See our fees, read about the notary in Estonia or send the draft via the contact page; we usually reply within one working day.

This guide reflects Estonian law in force on 1 November 2026. It is general information, not legal advice for your situation.

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