Norwegian strategic planning/zoning is governed by a combination of statutory law and governmental policy. The main legislative framework for planning and building permits is the Planning and Building Act (Plan- og bygningsloven), along with appurtenant regulations.
The law allows the state, county and municipality to regulate land use within their area of responsibility. In turn, responsibility for regulating the development and use of property lies with the county and municipal authorities. A certain amount of national political influence also exists by way of guidelines and statements contained within government White Papers.
The municipalities have an obligation to control local urban development by creating municipal master plans (kommuneplan), zoning plans (områdeplan) and detailed zoning plans (detaljregulering).
The municipal master plans set out the superior guidelines in relation to zoning, along with detailed zoning plans and national and local guidelines and targets for the planning and building sectors in each municipality. The municipal master plan must cover all geographical areas within the municipality.
A zoning plan sets out guidelines for land use within a smaller geographical area, and is used if demanded in the municipal master plan.
The detailed zoning plan outlines the detailed terms of land usage in a small geographical area, often consisting of just a few pieces of real estate. The terms of land use can focus on the type of development permitted, building height and size, aesthetic qualities, restrictions on the use and development of property, order of development and parking provisions.
Last modified 7 Oct 2024
Yes, a permit will usually be required from the local planning and building authorities (municipality) before a new building can be erected or significant alterations can be made to or around an existing building.
Smaller projects are often exempt from the duty to apply, where these are carried out legally and pursuant to the Planning and Building Act, derivative regulations and the applicable zoning plan.
Also, some larger public constructions can be exempt from the application process due to other conclusive regulations and/or sufficiently detailed zoning plans.
Last modified 7 Oct 2024
Yes, the Planning and Building Act and derivative regulations, as well as the plans for land use can contain requirements regarding the building’s technical and aesthetic design. However, beyond this, there remains a significant degree of freedom for the developer.
Last modified 7 Oct 2024
Yes. The establishment of, or change to, an existing use must be in accordance with the permitted usage set out in the plans for land use. For example, the erection of business premises cannot be carried out in an area which is designated for housing. However, the planning and building authorities may grant a dispensation and allow a building to be erected which is not in accordance with the relevant plan for land use.
A dispensation may not be granted if the considerations behind the provision from which the dispensation is granted or the considerations of the Act’s object clause, are significantly disregarded. In addition, the advantages of granting a dispensation must clearly outweigh the disadvantages based on an overall assessment.
Provided the use of a building has been approved, the owner or user of an existing building is not automatically required to change the use of the building if a new zoning plan changes the land use. New additions or other new works on the building will have to adhere to the new zoning plan.
Last modified 7 Oct 2024
Responsibility for regulating the development and use of individual parcels lies with the regional (county municipality) and municipal (municipality) authorities.
A certain amount of national political influence also exists through national political guidelines and statements through white papers.
Last modified 7 Oct 2024
The planning and building authorities have a statutory duty to co-operate with other public authorities who have an interest in the case. This must be decided by a specific review of the case in question. In certain cases, it is necessary to make an application for a licence or to seek permission from other separate public authorities. For example, in some cases there is a requirement to apply for a discharge permit form the Norwegian Pollution Control Authority or to apply for a permit to connect the development to a public classified road or county road from the public roads administration.
Last modified 7 Oct 2024
Before the developer or the responsible applicant starts to prepare the building application, it is possible to have a preliminary conference with the local planning and building authority in order to clarify the scope and the overall content of the project. This may give the developer the necessary overview of the municipal plan and/or zoning plan, and can therefore help the developer adjust the application so it becomes in compliance with such plans.
Furthermore, the developer or the responsible applicant must notify the neighbours and give them the opportunity to raise their objections to the project. A copy of the notifications, with the developer’s comments to the aforementioned notifications, must be enclosed with the application.
In addition, the application must include a sufficient description of the project which gives the local planning and building authorities the necessary information to determine the application.
When the application is submitted to the local planning and building authorities the authorities will consider all relevant aspects of the application, and it will result in the issue of a building permit or a refusal. If the application is in accordance with the plan for land use and all other legal requirements, the applicant has a legal right to be granted a building permit.
The building authorities are only required to consider the technical specifications of the application to a certain extent. It is therefore always the developer’s responsibility to ensure that the project is planned and constructed in accordance with the current technical regulations.
It is important to remember that a building permit only confirms that the application is in accordance with public laws. There may be private agreements and/or other commitments, such as easements, that can prevent the implementation of the building permit.
Last modified 7 Oct 2024
Before an application is made, the neighbours must be notified and given the opportunity to raise their objections to the project.
Those who are deemed to have a sufficiently close connection to the project, in reality all who are directly affected by it, have the right to submit a complaint following the issue of a permit. The complaint is sent firstly to the authority who issued the permit which has the power to reverse the decision if the complaint is found to be justified.
If the action is not successful in the first instance, the complaint shall be sent to the local Standing Committee on Urban Development (for the relevant municipality) or to the County governor for a final decision. In exceptional cases, the Ministry of Local Government and Modernization can review the local building authority’s decision or the County governor‘s decision.
Last modified 7 Oct 2024
It is always possible to appeal a decision to a superior authority.
If a building permit is denied or a dispensation from the plan for land use is denied, the decision may in some cases be appealed to the local Standing Committee on Urban Development (for the relevant municipality). If the local building authority’s decision is upheld, the complaint will be tried by the County governor. A denied permit or dispensation can always be appealed to the County governor.
In some cases, the County governor can raise objections to a permit and the final decision is taken by The Ministry of Local Government and Modernization.
When this method of appeal is exhausted, one can choose to go even further by taking the case to the Parliamentary Ombud for Scrutiny of the Public Administration (Sivilombudet) or by bringing a civil case.
Last modified 7 Oct 2024
Uncomplicated building applications, which are in accordance with the plan for land use and do not attract municipal or private comments, must be decided by the planning and building authorities within three weeks of the necessary documents being sent in.
Applications for larger projects or projects, which attract comments or the need for statements from other public authorities, must be decided by the planning and building authorities within 12 weeks as soon as all necessary documents have been sent in.
If the application involves a dispensation from the plan for land use, the planning and building authorities are to determine the application within 12 weeks from submission of the application.
Last modified 7 Oct 2024
It is possible to appeal an initial decision to the original decision maker itself. If the appeal is not upheld, it is automatically sent to a superior authority, usually the County governor.
When the appeal has been finally determined by the superior authority, there is only a limited possibility of bringing the case before the Parliamentary Ombud for Scrutiny of the Public Administration (Sivilombudet)or the civil courts.
Last modified 7 Oct 2024
It is possible for the landowner or the developer to enter into a ‘development agreement’ with the municipality in relation to the development of an area. Neither the municipality or the landowner/developer has a right to demand such an agreement, but for larger projects it is seen almost as a prerequisite. This is due to often comprehensive zoning regulations demanding roads, water, sewage, parks, schools etc. before the actual buildings can be constructed. Development agreements can be used to divide the costs between separate developers and/or between the developer and the municipality.
Last modified 7 Oct 2024
A building permit is valid for three years. The project must be commenced before the deadline runs out. If the building process stops for more than two years, the building permit will lapse.
Last modified 7 Oct 2024
Upon the completion date, the constructor must complete a final control check and confirm that the project has been carried out in accordance with the permission and current provisions. Based on this confirmation the municipality shall issue a certificate of completion. The project must not be used before a certificate of completion or a provisional permission for use has been issued.
If minor deficiencies are found, provisional permission for use may nevertheless be granted when the municipality finds this unobjectionable. In such cases, the deficiencies shall be remedied within a time limit stipulated by the municipality. A provisional permission for use should always be followed up by a certificate of completion.
If a premise lacks a certificate of completion, and a provisional permission for use has not been granted, it is illegal to use the premises. The planning and building authorities may, in such event, prohibit the continuation of the unlawful use by instructing a close-down and/or impose a fine.
If the instruction given by the local planning and building authorities is not carried out, the authorities can also:
Furthermore, the person responsible can receive fines, be reported to the police and be liable to pay compensation.
Last modified 7 Oct 2024
Does public law control the detailed design, appearance and method of construction of any new building?
Yes, the Planning and Building Act and derivative regulations, as well as the plans for land use can contain requirements regarding the building’s technical and aesthetic design. However, beyond this, there remains a significant degree of freedom for the developer.
Last modified 7 Oct 2024