REALWorld Law

Does public law control the detailed design, appearance and method of construction of any new building?

The complexity of the process for obtaining permission for a new designated use depends on the extent of the works to be carried out. Generally, however, the process begins with an application for a planning permission. The application is made to the municipality where the property is located. The municipality then deals with the application and verifies that it complies with statute and policy on a national and regional basis.

Depending on the complexity of the application, the planning officer at the municipality can require additional information to be communicated by the applicant. The planning officer may also send the application to other authorities for review.

The application will then be subject to a decision by the municipal planning committee which will decide whether or not a permit will be issued.

Last modified 13 Mar 2025

Does public law control the detailed design, appearance and method of construction of any new building?

Third parties may object to a proposal depending on whether they are deemed to be an affected party or not. To be an affected party one must normally occupy adjacent property or property which is immediately affected by the permit. Certain authorities and/or interest groups may also be entitled to object to the proposal in certain cases, for instance if the property is located in an area of environmental or cultural interest. The right of a third party to object to a permit is generally limited to a time frame specified by the municipality dealing with the application.

Last modified 13 Mar 2025

Does public law control the detailed design, appearance and method of construction of any new building?

An application can in some situations be sent out to other authorities or interested organisations for consideration, depending on the type of development and whether it is located within an area of special interest, in most cases an area of historical, cultural or environmental significance. A decision to give permission for a development or the implementation of a new designated use may always be subject to an appeal by a party negatively affected by the permission. The permission will then be reviewed by the county administrative board, whose decision may be appealed against in a Land and Environment court.

Last modified 13 Mar 2025

Does public law control the detailed design, appearance and method of construction of any new building?

The time it takes for a municipality to decide on an application depends on the subject matter of the application. According to the Planning and Building Act, a decision must be made within 10 weeks from when an application for planning permission is complete. That processing time may be prolonged once for 10 additional weeks. If the processing time is not observed, the application fee is reduced. In practice, an applicant will normally have to wait between one to six months from the time an application is lodged until a planning permission is given. If there are objections from third parties, the period can be longer.

The new Planning and Building Act which came into force on 2 May 2011 is, however, aimed at reducing the time taken to obtain a planning permission.

Last modified 13 Mar 2025

Does public law control the detailed design, appearance and method of construction of any new building?

Yes, there is in general a right of appeal against the decision of any authority in respect of an application for permission for development or the carrying out of a new designated use. An appeal is normally lodged at the relevant County Administrative Board (Länsstyrelsen) and may later be subject to further appeal in the Land and Environment Court (Mark- och miljödomstolen), the Land and Environment Court of Appeal (Mark- och miljööverdomstolen) and the Supreme Court (Högsta domstolen).

Last modified 13 Mar 2025

Does public law control the detailed design, appearance and method of construction of any new building?

It may be necessary to enter into agreements with the municipality where the property is located. In most cases, the agreement will take the form of a development agreement under which the municipality will agree to assist in the planning of the infrastructure surrounding the real property.

The developer can agree in addition, for instance, to contribute both financially and in practice to the construction of certain facilities of importance to the municipality and the area where the property is located. These agreements will be negotiated on general commercial terms and so may be beneficial to the developer as they normally lead to closer collaboration with the municipality.

For how long is a permission for development or the carrying on of a designated use valid?

After a planning permission for development and/or the carrying out of a new designated use has been granted and gained legal force, the applicant must begin works or activities permitted within two years from the date when the authority's decision gained legal force and complete any works within five years from the same date.

Last modified 13 Mar 2025

Does public law control the detailed design, appearance and method of construction of any new building?

After a planning permission for development and/or the carrying out of a new designated use has been granted, the applicant must begin works or activities permitted within two years from the date of the authority's decision and complete any works within five years.

Last modified 13 Mar 2025

Does public law control the detailed design, appearance and method of construction of any new building?

The relevant board of the municipality has power to serve enforcement notices requiring the cessation of the breach of planning control. Liquidated damages may be payable for non-compliance and ultimately an injunction may be obtained against the owner of the relevant land to enforce compliance.

Last modified 13 Mar 2025