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Chapter 1. – Purpose, contents, and definitions
Chapter 1. – Purpose, contents, and definitions
Chapter 2. – Public and private interests
Chapter 2. – Public and private interests
Chapter 3. – The comprehensive plan
Chapter 3. – The comprehensive plan
Chapter 4. – Regulations with detailed development plan and area regulations
Chapter 4. – Regulations with detailed development plan and area regulations
Chapter 5. – Procedures for detailed development plans and area regulations
Chapter 5. – Procedures for detailed development plans and area regulations
Chapter 6. – The implementation of detailed development plans
Chapter 6. – The implementation of detailed development plans
Chapter 7. – Regional planning
Chapter 7. – Regional planning
Chapter 8. – Requirements for construction works, construction products, lots and public spaces
Chapter 8. – Requirements for construction works, construction products, lots and public spaces
Chapter 9. – Building permits, demolition permits and site improvement permits, etc.
Chapter 9. – Building permits, demolition permits and site improvement permits, etc.
Chapter 10. – The implementation of construction, demolition and site improvement measures
Chapter 10. – The implementation of construction, demolition and site improvement measures
Chapter 11. – Supervision, access, intervention and sanctions
Chapter 11. – Supervision, access, intervention and sanctions
Chapter 12. – The Building Committee
Chapter 12. – The Building Committee
Chapter 13. – Appeals
Chapter 13. – Appeals
Chapter 14. – Compensation for damage and compulsory purchase
Chapter 14. – Compensation for damage and compulsory purchase
Chapter 15. – Judicial review, etc.
Chapter 15. – Judicial review, etc.
Chapter 16. – Authorisations
Chapter 16. – Authorisations

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Sweden

Planning and Building Act 2010

Published on 1 July 2010
Commencement date unknown
[This is the version of this document at 1 January 2019.]

Chapter 1.
Purpose, contents, and definitions

Section 1.

This Act contains provisions on the planning of land and water areas, and on construction. The purpose of the provisions is, with regard to the freedom of the individual, to promote societal progress with equal and proper living conditions and a clean and sustainable habitat, for people in today’s society and for future generations.

Section 2.

Planning the use of land and water areas in accordance with this Act is a municipal responsibility.

Section 3.

This Act contains provisions on:

1.purpose, contents, and definitions of the Act (Chapter 1);

2.public and private interests (Chapter 2);

3.the comprehensive plan (Chapter 3);

4.regulations with detailed development plan and area regulations (Chapter 4);

5.procedures for detailed development plans and area regulations (Chapter 5);

6.the implementation of detailed development plans (Chapter 6);

7.regional planning (Chapter 7);

8.requirements for construction works, construction products, lots, and public spaces (Chapter 8);

9.building permits, demolition permits and site improvement permits, etc. (Chapter 9);

10.the implementation of construction, demolition and site improvement measures (Chapter 10);

11.supervision, access, intervention and sanctions (Chapter 11);

12.the Building Committee (Chapter 12);

13.appeals (Chapter 13);

14.compensation for damage and compulsory purchase (Chapter 14);

15.judicial review, etc. (Chapter 15); and

16.authorisations (Chapter 16). Act (2011:335).

Section 4.

This Act uses the following definitions:public space: a street, a road, a park, a square or other area that in accordance with a detailed development plan is intended for a common need;develop: the instalment of one or more construction works in an area;built environment: a collection of construction works that consist not only of civil engineering works other than buildings;developer: a person who on his or her own behalf, carries out or allows someone else to carry out, planning, construction, demolition, or land work;building: a permanent construction consisting of a roof or roof and walls, which is permanently placed on land, or entirely or partially underground, or is permanently placed in a certain space in water, and is intended to be constructed so that people can dwell within it;Building Committee: the committee or committees entrusted with the tasks of the municipality in accordance with this Act;construction works: a building or other construction;construction product: a product intended to form a permanent part of a construction works;joint land development contract: a contract between a municipality and a developer or a real property owner for implementation of a detailed development plan, regarding land not owned by the municipality, although not a contract between a municipality and the State for the expansion of State transport infrastructure;period of implementation: the period for the implementation of a detailed development plan, which is to be determined in accordance with Chapter 4, Sections 21–25;development district: land that, in accordance with a detailed development plan, is not to be a public space or a water area;land allocation: a contract between a municipality and a developer that provides the developer with the sole right to negotiate with the municipality, for a limited time and under defined conditions, over the transfer or concession of a certain land area owned by the municipality, for development;Environmental Committee: the committee or committees that carry out the tasks of the municipality in the field of environmental and health protection;new construction: erection of a new building or moving of a previously erected building to a new space;reconstruction: alteration of a building, which means that the entire building or a significant and definable portion of the building is substantially renewed;environmental noise: noise from airports, industrial operations, rail traffic, and roads;planning: the work on producing a regional plan, a comprehensive plan, a detailed development plan, or area regulations;assembled built environment: built environment on sites that adjoin each other, or are separated only by a road, street, or parkland;extension: alteration of a building that entails an increase of the volume of the building;lot: an area that is not a public space but contains land intended for one or more buildings and land that is directly connected with the buildings and is required for the buildings to be used for the purpose intended;maintenance: one or more measures that are taken for the purpose of retaining or restoring a building’s design, function, use, appearance, or cultural-historical value; andalteration of a building: one or more measures that modify a building’s design, function, use, appearance, or cultural-historical value. Act (2015:668).

Section 5.

If a real property unit has been designated as a site leasehold, the provisions laid down in this Act concerning the real property owner or the real property unit apply to the site leaseholder or to the site leasehold. A site leaseholder, however, is not obligated to pay for the construction of streets and other public spaces.

Section 6.

A person who possesses real property by virtue of a right of possession or by virtue of the condition of a fideicommissum or by a testamentary provision without ownership must, for the purposes of this Act, be considered the owner of the property.

Chapter 2.
Public and private interests

Section 1.

Where issues are addressed under this Act, consideration must be given to both public and private interests.

Section 2.

The purpose of planning and review in matters concerning permits or advance notices in accordance with this Act must be that, land and water areas shall be used for the purposes for which they are best suited in view of their nature and situation and of existing needs. Priority must be given to usage that promotes good management in view of the public interest. The provisions on management of land and water areas in Chapter 3 and Chapter 4, Sections 1–8 of the Environmental Code must be applied. Act (2014:862).

Section 3.

In accordance with this Act, planning with regard to natural and cultural values, environmental and climate aspects, and intermunicipal and regional conditions must promote:

1.a purposeful structure and an aesthetically pleasing design of the built environment, green spaces, and transportation routes;

2.a from a social perspective viable living environment that is accessible and usable for all social groups;

3.long-lasting and effective management of land and water areas, energy recourses and raw materials, as well as good environmental conditions in other respects;

4.good economic growth and efficient competition; and

5.construction of dwellings and the development of the housing stock.

The interests indicated in the first paragraph, item 1–5, must also be taken into consideration in other matters. Act (2013:867).

Section 4.

In planning, and in matters concerning building permits or advance notices in accordance with this Act, land may only be utilised in order to be developed if, the land is suitable for the purpose in view of the public interest.

Section 5.

In planning, and in matters concerning building permits or advance notices in accordance with this Act, built environment and construction works must be located on land that is suited for the purpose, with regard to:

1.the health and safety of people;

2.land, rock, and water conditions;

3.possibilities for providing traffic facilities, water supply facilities, sewerage facilities and other community services,

4.possibilities to prevent water and air pollution as well as hazardous levels of noise; and

5.the risk of accidents, flooding, and erosion.

The built environment and construction works requiring a supply of energy for their function must be located in a way that is suitable with regard to the energy distribution and energy management.

Section 6.

In planning, in matters concerning building permits, and measures regarding buildings that do not require permits in accordance with this Act, built environment and construction works must be designed and placed on the intended land in a manner that is suitable, with regard to:

1.the townscape and landscape, natural and cultural values on the site, and in the interest of ensuring a favourable overall impression;

2.protection against the outbreak and spread of fire, and the prevention of traffic accidents and other accidents;

3.measures for the protection of the population against acts of war and for the limitation of the effects of such acts;

4.the need for energy and water management, and for good climate and hygienic conditions;

5.possibilities to manage waste;

6.provisions of traffic services and the need for a good traffic environment;

7.means for persons with limited mobility or orientation capacity to access and use the area; and

8.the need for future alterations and additional completion.

The first paragraph also applies with regard to outdoor signs and light sources.In conjunction with planning and other matters, as well as with measures regarding buildings that are not part of matters covered by this Act, the particular values of history, cultural heritage, environment and art of the development area must be protected. Alterations and additions to the built environment must be done cautiously so that existing characteristic features are respected and sustained. Act (2014:477).

Section 6 a.

In planning and in matters concerning building permit in accordance with this Act, dwellings must be:

1.located to land that is suited for the purpose with regard to the possibility of preventing public health nuisance with regard to environmental noise; and

2.designed and placed on the intended land in a way that is suitable with regard to the possibility of preventing public health nuisance with regard to environmental noise.

Public health nuisance encompasses a disturbance that, according to medical or hygienic assessment, could detrimentally affect people’s health and that is neither insignificant nor completely temporary.Item 1 of the first paragraph also applies in matters concerning advance notices. Act (2014:902).

Section 7.

Planning in accordance with this Act must take into account the requirements, within or close to area with assembled built environment, of:

1.roads and streets;

2.squares;

3.parks and other green areas;

4.suitable places for play, exercise, and other outdoor activities; and

5.possibilities for a reasonable level of community and commercial service.

Section 8.

In planning and in matters regarding building permits for subterranean construction works, the construction works should to a reasonable extent be designed as not to impair the land use above ground.

Section 9.

Planning of land and water areas, as well as the location, placement, and design of construction works, outdoor signs, and light source facilities in accordance with this Act may not occur so that the intended use of the construction works, outdoor signs, or light source facilities could result in the impairment of ground water or surroundings that would entail a danger to people’s health and safety, or cause a significant impact in another way.

Section 10.

In planning and in other matters in accordance with this Act, the environmental quality standards in Chapter 5 of the Environmental Code, or in regulations that have been issued by virtue of Chapter 5 of the Environmental Code, must be followed.

Section 11.

Planning and other review measures in accordance with this Act that will affect the usage of a land or water area that also has been, or will be reviewed under other legislation should be coordinated with the other task if it can reasonably be done.

Chapter 3.
The comprehensive plan

Section 1.

Every municipality must have a current comprehensive plan that covers the entire municipality.

Section 2.

The comprehensive plan must indicate the orientation for the long-term development of the physical environment. The plan must provide guidance for decisions on how the land and water areas are to be used and how the built environment is to be used, developed, and protected.

Section 3.

The comprehensive plan is not legally binding.

Section 4.

In the comprehensive plan, the municipality must account for its assessment of how its obligation, in accordance with Chapter 2, to take the public interest into account in decisions on the use of land and water areas will be met. In this report, national interests in accordance with Chapter 3 and Chapter 4 of the Environmental Code must be specifically indicated.

Section 5.

The comprehensive plan must indicate:

1.the fundamental features of the envisaged usage of land and water areas;

2.the municipality’s view on how the built environment is to be used, developed, and preserved;

3.how the municipality intends to safeguard the specified national interests reported and adhere to applicable environmental quality standards;

4.the course of action the municipality intends to take in its spatial planning, in order to streamline the comprehensive plan with relevant national and regional goals, plans, and programmes of significance for sustainable development within the municipality;

5.how the municipality intends to meet long-term needs for dwelling; and

6.such areas for rural development in coastal settings as are referred to in Chapter 7, Section 18 e, first paragraph of the Environmental Code. Act (2014:224).

Section 6.

The comprehensive plan must be designed so its substance and the consequences thereof are clearly indicated.

Proposal for a comprehensive plan

Section 7.

Prior to the adoption of a comprehensive plan or an amendment to it, the municipality must:

1.draft a proposal for a plan or an alteration that fulfils the requirements in Sections 4–6;

2.when drafting a proposal, consult with government authorities, municipalities, and others that are affected in accordance with Sections 9–11; and

3.exhibit the proposal and allow it to be reviewed in accordance with Sections 12–18.

Section 8.

If the plan proposal can be assumed to cause a significant environmental impact of the type referred to in Chapter 6, Section 11 of the Environmental Code, the municipality must allow it to be the object of consultation and review in a manner that also meets the requirements in Chapter 6, Sections 11–18 and 22 of the Environmental Code. If an environmental impact assessment is drawn up, it must be attached to the plan proposal.

Consultation on the municipality’s proposal

Section 9.

When a municipality drafts a proposal for a comprehensive plan or a modification of the plan, the municipality must consult with the County Administrative Board and with affected municipalities, regional planning bodies and other municipal bodies that are responsible for work with regional growth and transport infrastructure planning. The municipality must also provide the members of the municipality, and the other government authorities, associations and individuals who have an essential interest in the proposal, with an opportunity to participate in the consultation.The purpose of the consultation is to deliver as good a basis for decision as possible, and to provide opportunities for transparency and influence.During the consultation, the municipality must report the content of the proposal, the reasons for the proposal, the consequences of the proposal and the planning documentation that is of significance from national, regional, intermunicipal or other viewpoints.

Section 10.

During the consultation, the County Administrative Board must, in particular:

1.monitor and coordinate the interests of the State;

2.provide documentation for the municipality’s assessments and provide advice concerning such public interests in accordance with Chapter 2 that should be taken into account in decisions on the use of land and water areas;

3.ensure that national interests in accordance with Chapter 3 and Chapter 4 of the Environmental Code are observed, that environmental quality standards in accordance with Chapter 5 of the Environmental Code are followed, and that the account of the areas for rural development in coastal settings is consistent with Chapter 7, Section 18 e, first paragraph of the Environmental Code;

4.ensure that such matters concerning the use of land and water areas as affect two or more municipalities are coordinated in an appropriate manner; and

5.ensure that development and construction works are not unsuitable with regard to people’s health or safety, or bring about risks for accidents, flooding, or erosion.

Section 11.

The municipality must report the results of the consultation in a consultation report that also entails the opinions forwarded during the consultation process. The consultation report must be attached to the plan proposal.

Exhibition and review of the municipality’s proposal

Section 12.

The municipality must exhibit the plan proposal for a period of at least two months.

Section 13.

The municipality must notify the public of the exhibition of the plan proposal before the start of the exhibition period. The municipality must inform about the public notice on the municipal’s notice board and to advertise in a local newspaper. The public notice must indicate where the exhibition is to take place and within what period of time, in what manner, and to whom opinions on the proposal are to be submitted.Notification must take place in accordance with the Act (1977:654) on Public Notices of Cases and Matters before Public Bodies.

Section 14.

Before the exhibition is due to take place, the municipality must submit the plan proposal and the public notice to the County Administrative Board and to the municipalities and municipal bodies referred to in Section 9.

Section 15.

Persons who wish to submit opinions on the plan proposal must do so in writing during the exhibition period.

Section 16.

During the exhibition period, the County Administrative Board must deliver a review statement on the plan proposal.The statement must indicate whether:

1.the proposal fails to comply with a national interest in accordance with Chapter 3 or 4 of the Environmental Code;

2.the proposal may contribute to the infringement of an environmental quality standard in accordance with Chapter 5 of the Environmental Code;

3.the account of the areas for rural development in coastal settings is not consistent with Chapter 7, Section 18 e, first paragraph of the Environmental Code;

4.matters concerning the use of land and water areas as affect two or more municipalities are not coordinated in an appropriate manner; and

5.a development or a construction works will be unsuitable with regard to people’s health or safety, or due to the risk for accidents, flooding, or erosion.

Section 17.

After the exhibition, the municipality must compile the opinions that have been submitted in a special report and account for such proposals that may arise from those opinions.

Section 18.

If the plan proposal is substantially amended after the exhibition, the municipality must exhibit the plan proposal again.

Adoption

Section 19.

The municipal council decides on questions concerning the adoption and amendment of the comprehensive plan.

Section 20.

The municipality must convey the County Administrative Board’s review statement in accordance with Section 16 together with the comprehensive plan. If the County Administrative Board has not approved some particular part of the plan, this must be noted in the plan.

Section 21.

A decision to adopt or amend the comprehensive plan will only be valid after the decision has come into force.

Section 22.

When a decision to adopt or amend the comprehensive plan has come into force, the municipality must without delay send the following documents to the National Board of Housing, Building and Planning and the County Administrative Board as well as the municipalities affected, the regional planning bodies and all other municipal bodies responsible for work with regional growth and transport infrastructure planning:

1.the comprehensive plan;

2.the consultation report referred to in Section 11;

3.the review statement referred to in Section 16;

4.the report referred to in Section 17; and

5.an extract of the minutes for the decision.

Amendments

Section 23.

A comprehensive plan may be amended for a particular part of the municipality. It can also be amended through an addendum in order to serve a particular public interest. Subject to the conditions laid down in Sections 24–26, Sections 1–22 shall be applied when the plan is amended.An amendment to the plan for a certain part of the municipality can be accounted for with a different level of detail than for the rest of the comprehensive plan.If the plan entails an amendment of the current comprehensive plan, the connection with and the consequences for the comprehensive plan as a whole must be reported.

Section 24.

If a proposal for an amendment relates only to a certain part of the municipality, the municipality may instead of exhibiting the proposal in accordance with Section 12, notify the public about the proposal on the municipal’s notice board and advertise in a local newspaper. The municipality must keep the proposal, the consultation report, and – where necessary – the environmental impact assessment available for review.The public notice must indicate:

1.where the area referred to by the amendment is located;

2.where the proposal is available for public review;

3.that people who wish to review the proposal and submit their opinions may do so within a certain period of time (the review period) which must be at least six weeks; and

4.to whom opinions on the proposal are to be sent.

Section 25.

If the municipality makes a plan proposal known in accordance with Section 24, instead of sending documents in accordance with Section 14 the municipality is obliged to:

1.send a message about the contents of the public notice to the County Administrative Board and the municipalities and municipal bodies in accordance with Section 9 that are affected, on the same day that the notification takes place;

2.send the proposal to the County Administrative Board; and

3.keep the proposal available during the review period for those who wish to review it.

Section 26.

If the municipality makes a proposal known in accordance with Section 24, the provisions on exhibition periods laid down in Section 15–17 shall apply to the review period instead. If the proposal is modified substantially after the review period, the municipality may make the amended proposal known instead of exhibiting it again.

Review of the plan’s topicality

Section 27.

The municipal council must, at least once during its term of office, review whether the comprehensive plan is up to date in relation to the requirements in Section 5.

Section 28.

The County Administrative Board must, at least once during the term of office referred to in Section 27, account for its views concerning such state and intermunicipal interests that could be of significance for the topicality of the comprehensive plan. The views must be reported in a summarised statement to the municipality. The statement must indicate how the views relate to the comprehensive plan.The County Administrative Board must also submit a summarised statement of this kind to the municipality when the municipality so requests.

Chapter 4.
Regulations with detailed development plan and area regulations

Section 1.

Within the municipality, the use of land and water areas, built environment and construction works can be regulated with detailed development plans or area regulations in accordance with this chapter.

Requirements for regulation by means of a detailed development plan

Section 2.

Using a detailed development plan, the municipality must examine the suitability of a land or water area for built environment and construction works, and regulate the design of the built environment for:

1.new assembled built environment, if needed as regards the extent of construction works for which building permits are required in the built environment;

2.a built environment that is to be altered or preserved, if the regulation needs to occur in a context;

3.new construction works that are not a wind power station, if the construction works require a building permit or is a building of a type other than that referred to in Chapter 9, Section 4 a; and

a)the use of the construction works will have a significant impact on its surroundings, or if there is great demand on the area for development; or

b)the construction works are located in proximity to an operation covered by the Act to Prevent and Limit the Consequences of Major Chemical Accidents (1999:381); and

4.a measure that requires building permit in connection with the new establishment of operations covered by the Act to Prevent and Limit the Consequences of Major Chemical Accidents.

Despite item 3 of the first paragraph, no detailed development plan is required if the construction works can be reviewed in connection with a review of the application for building permit or advance notice, and the use of the construction works cannot be assumed to result in significant environmental impact. Act (2015:235).

Section 3.

Using a detailed development plan, the municipality must review the suitability of a land or water area for a wind turbine and its tower, if:

1.the wind turbine and its tower is covered by requirements for building permit after a notification in accordance with regulations that have been announced in accordance with Chapter 16, Section 7 or 8;

2.there is great demand in the area for development; and

3.the wind turbine and its towers cannot be examined in connection with review of the application for a building permit, advance notice or notification.

Section 4.

Despite Sections 2 and 3, regulation with a detailed development plan is not required if sufficient regulation has been done with area regulations.

Section 5.

In a detailed development plan, the municipality must:

1.determine and indicate the boarders of public spaces, development districts, and water areas;

2.determine the use and design of public spaces for which the municipality are the principal of; and

3.determine the use of development districts and water areas.

Reserves of land and public spaces

Section 6.

In a detailed development plan, the municipality may determine land reserve for such traffic installations and street facilities, energy installations, facilities for electronic communications networks and lines and cables as are needed for public purposes.

Section 7.

The municipality must be the principal of public spaces. If there is particular reason to do so, the municipality may, however, determine in the detailed development plan that the principal will instead be private for one or more public spaces. Act (2014:900).

Section 8.

In a detailed development plan, the municipality may determine:

1.how public spaces that are particularly valuable from a historical, cultural-historical, environmental or artistic point of view are to be protected; and

2.how public spaces that have a private principal are to be used and designed. Act (2014:900).

Section 9.

In a detailed development plan, the municipality may make regulations about fences and exit drives or other ways out to public spaces.

Land surface

Section 10.

In a detailed development plan, the municipality may make regulations about vegetation and on the design and level of the ground surface.

Extent of the built environment and the extent and use of buildings

Section 11.

In a detailed development plan, the municipality may determine:

1.the extent of the built environment above and below the ground surface

2.the use of the buildings; and

3.the proportion of apartments of various types in dwellings, and the size of the apartments.

Protection against disturbance

Section 12.

In a detailed development plan, the municipality may determine:

1.protection measures to counteract ground pollution, accidents, flooding and erosion;

2.protection measures to counteract disturbance from the surroundings; and

3.if special reasons to do so exist, the maximum permissible values for disturbance through air pollution, noise, vibration, light, or other nuisances covered by Chapter 9 of the Environmental Code.

Parking

Section 13.

In a detailed development plan, the municipality may determine:

1.the requirements regarding arranging space for parking, loading, and unloading that are needed with regard to Chapter 8, Section 9, first paragraph, item 4;

2.the placement and design of parking spaces; and

3.that certain land or certain buildings may not be used for parking.

Building permits, demolition permits, and site improvement permits

Section 14.

In a detailed development plan, the municipality may determine that a permit or starting clearance for a measure that entails a substantial change in the use of the land may only be given provided that:

1.a certain work of civil engineering for traffic, energy or water supply, or drainage, for which the municipality is not the principal, has been fulfilled;

2.a certain construction works on the site has been demolished, rebuilt, moved or the use of the construction works has been altered to comply with the plan provisions;

3.the exit drive or other way out from the real property unit has been altered;

4.the suitability of the ground for development has been ensured through the removal of a source of ground pollution, or a protection or security measure has been taken on the site; or

5.measures that prevent inconveniences from environmental noise have been taken. Act (2014:902).

Section 15.

In a detailed development plan, the municipality may determine the extent of the requirements for:

1.building permits in accordance with Chapter 9, Sections 7 and 8;

2.demolition permits in accordance with Chapter 9, Section 10, first paragraph, item 1 and second paragraph; and

3.site improvement permits in accordance with Chapter 9, Sections 11 and 12.

Placing, design, and construction of construction works and sites

Section 16.

In a detailed development plan, the municipality may:

1.determine the placing, design, and construction of construction works and lots;

2.as regards construction works, determine the specific requirements needed to comply with the caution provisions in accordance with Chapter 2, Section 6, third paragraph, and Chapter 8, Sections 17 and 18;

3.decide on protection for such particularly valuable construction works, lots, development areas and public spaces as are referred to in Chapter 2, Section 6, third paragraph, and Chapter 8, Section 13;

4.determine that buildings covered by a prohibition on distortion in accordance with Chapter 8, Section 13 may not be demolished; and

5.with regard to alterations to buildings other than extensions, determine such requirements on construction works as are referred to in Chapter 16, Sections 2 and 5, and determine exemptions from such requirements. Act (2014:900).

Shoreland protection

Section 17.

In a detailed development plan, the municipality may repeal shoreland protection in accordance with Chapter 7 of the Environmental Code for an area, if there are particular reasons to do so and if the interest in using the land in the manner intended in the plan outweighs the interest in shoreland protection. A provision on repeal, however, may not refer to an area of this kind which, in accordance with Chapter 7, Section 18, first paragraph, item 3 of the Environmental Code is covered by the right of decision of the County Administrative Board. The provisions in Chapter 7, Sections 18 c–18 g must be applied in detailed development plan provisions on the repeal of shoreland protection. Act (2014:1014).

Property division, etc.

Section 18.

In a detailed development plan, the municipality may determine the largest or smallest size of real property units, and determine reserves of land for joint facilities.If needed for the implementation of a suitable division into real property units or to otherwise facilitate the implementation of the detailed development plan, the municipality may also determine:

1.how the area is to be divided into real property units;

2.the easements, utility easements, and similar special rights that are to be formed, altered, or repealed;

3.the civil engineering works that are to constitute joint facilities; and

4.the properties that shall participate in joint facilities and the space that shall be requisitioned for the civil engineering works.

A detailed development plan provision for division of the area into real property units or on easements or similar special rights must be consistent with Chapter 3, Section 1 and Chapter 5, Section 4, first paragraph of the Real Property Formation Act (1970:988). A detailed development plan provision for the establishment of a joint facility must be consistent with Sections 5 and 6 of the Joint Facilities Act (1973:1149). A detailed development plan provision for the establishment of a joint facility must be consistent with Sections 6 of the Utility Easements Act (1973:1144). Act (2015:668).

Section 18 a.

The provisions in Section 18 on properties shall also be applied to land or other space that belongs to several real property units jointly. Act (2011:335).

Section 19.

Has been repealed pursuant to Act (2012:187).

Section 20.

Has been repealed pursuant to Act (2012:187).

Implementation period for detailed development plan

Section 21.

In a detailed development plan, the municipality must set an implementation period. The period must be set so that there are reasonable opportunities to implement the plan, but the period may not be shorter than five years or longer than fifteen years.The period is counted from the day the decision to adopt the plan become legally binding. If any part of the plan can be implemented earlier owing to an injunction in accordance with Chapter 13, Section 17, third paragraph, the period is calculated from the day the implementation can begin. This does not apply, however, if in the plan the municipality has determined that the period is to be counted from a later point in time, or has determined different periods for various areas of the plan.

Section 22.

If a detailed development plan is amended, the implementation period of the plan shall also apply to the issue to which the amendment relates.If the plan, by the amendment, contains no information on the implementation period, the municipality must determine, with the application of Section 21, a special implementation period for the issue to which the amendment relates.No implementation period shall be valid or be determined, however, for an issue of this kind that entails repeal of a part of the detailed development plan or of a detailed development plan provision. Act (2015:668).

Section 23.

If the detailed development plan has no information on the length of the implementation period, the length shall be considered as fifteen years. If the plan has no information on when the period will start, it shall be counted in accordance with Section 21, second paragraph.

Section 24.

Before the implementation period has expired, it may be extended with a maximum of five years at a time. After the implementation period has expired, it may be renewed with a maximum of five years at a time.An extension or renewal may refer to a particular area in the detailed development plan.

Section 25.

If, with regard to a certain real property unit, someone has begun measures to implement the detailed development plan but will not manage to carry out the measures before the close of the implementation period, and the delay is due to circumstances over which the municipality has control, the municipality must extend the implementation period for that real property unit.The extension shall take place for a reasonable amount of time.An application for extension must be made before the expiry of the implementation period.

Temporary use

Section 26.

In the detailed development plan, the municipality may decide on temporary use of land or buildings that do not immediately need to be used for the purpose indicated in the plan.

Section 27.

The period during which the temporary use may proceed must be determined in the plan. The period may be set with a maximum of ten years, and starts from the day as determined by the application of Section 21, second paragraph.

Section 28.

If the detailed development plan lacks information on how long temporary use may proceed, the period will be five years.

Section 29.

The period for temporary used can be extended with at most five years at a time. The total period, however, may not exceed twenty years.

Scope and design of the detailed development plan

Section 30.

A detailed development plan must consist of a map of the area that the plan covers (plan map) and other regulations required. The plan map mustindicate how the plan area is divided for various purposes and which regulations apply to the different areas.If needed for the plan to be clear, regulation of the issues indicated in Section 18, second paragraph may be reported on a separate plan map. Act (2015:668).

Section 31.

There must be a description of how the detailed development plan is to be understood and implemented (planning description) together with the plan.

Section 32.

A detailed development plan may not cover an area greater than what is needed with regard to the purpose and implementation period of the plan.The intended regulation of development, construction works and the rest of the environment must be clearly indicated in the plan.The detailed development plan may not be more detailed than is needed with regard to the purpose of the plan. Act (2011:335).

Section 33.

The planning description must contain an account of:

1.the planning situation;

2.the purpose of the plan;

3.how the plan is intended to be implemented;

4.the considerations forming the foundation of the design of the plan with regard to opposing interests and the consequences of the plan; and

5.whether the plan deviates from the comprehensive plan, the way in which it does so, and the reason for the deviation.

The planning description must contain the illustrative material needed to understand the plan.The report, in accordance with the first paragraph item 3, must indicate the organisational, technical and financial measures, the actions needed according to the regulations of real estates for the plan to be implemented in a coordinated, practical manner, and the consequences these measures will have for the real property unit owners and others affected. Furthermore, it must indicate whether the municipality intends to sign land development agreements or land allocation agreements, the primary content of these agreements, and the consequences of the plan being fully or partially implemented with the support of one or more agreements of this kind. Act (2015:668).

Section 33 a.

If a detailed development plan relates to one or more dwellings, the planning description – if with regard to the noise situation it cannot be considered unnecessary – must contain a report of the calculated values for environmental noise:

1.by the façade of the dwelling; and

2.by an outdoor space, if one is to be arranged adjacent to the building. Act (2014:902).

Section 34.

If the implementation of the plan can be assumed to have a significant environmental impact, the report regarding environmental consequences in accordance with Section 33, first paragraph, item 4 must have such content aswould be determined by the application of Chapter 6, Section 12, and Section 13, first paragraph, of the Environmental Code.The report must also meet the requirements of Chapter 6, Section 7, first and second paragraphs of the Environmental Code, if implementation of the detailed development plan can be assumed to have a significant environmental impact owing to the fact that the planned area may be used for:

1.industrial purposes;

2.a shopping centre, a parking facility, or some other project for assembled built environment;

3.a ski slope, ski lift, or cableway with belonging facilities;

4.a small boat marina;

5.a hotel complex or a holiday camp with belonging facilities, outside assembled built environment;

6.a permanent camp ground;

7.an amusement park;

8.a zoological garden;

9.a railway; or

10.an underground railway.Act (2012:444).

Section 35.

The report in accordance with Section 33, first paragraph, item 4 does not need to contain any environmental impact assessment drawn up especially for the detailed development plan case, if the plan is of the kind referred to in Chapter 5, Section 7 a, and the environmental impact statement in the other case is represented in – and is current and sufficient for – the detailed development plan case. Act (2014:900).

Section 36.

The detailed development plan must be designed with reasonable consideration to existing built environment, property rights and real property units that could affect implementation of the plan.If by implementation of Chapter 6, Section 13, the plan allows for appropriation of land or particular property rights, the plan must be designed so that the benefits derived from the plan outweigh the negative effects of the plan on individuals. Act (2014:900).

Section 37.

A detailed development plan may contain a detailed regulation of the possibilities to conduct trade only if there are reasons of significant importance for doing so.

Validity of detailed development plan

Section 38.

A detailed development plan is valid until it is amended or repealed.

Section 39.

A detailed development plan may not be amended or repealed before the end of the implementation period, if any real property unit owner affected opposes it.The first paragraph does not apply if the amendment or repeal is needed:

1.due to new conditions of great general importance that could not have been foreseen during planning; or

2.for the introduction of provisions in accordance with Section 18, second paragraph. Act (2015:668).

Section 40.

The rights that have arisen through the detailed development plan do not prevent the detailed development plan from being amended or repealed after the end of the implementation period.

Area regulations

Section 41.

The municipality may adopt area regulations in order to regulate, in certain aspects, limited areas of the municipality that are not covered by a detailed development plan.

Section 42.

Using area regulations, the municipality may only regulate:

1.the fundamental features for the use of land and water areas for built environment, leisure facilities, traffic routes and other comparable purposes, if such is needed to ensure the purpose of the comprehensive plan or to satisfy a national interest in accordance with Chapter 3 or 4 of the Environmental Code;

2.the use and design of land for common use;

3.the maximum permissible building or utility area of holiday homes and the size of lots for such use;

4.the scope of the requirements for building permits in accordance with the provisions laid down in Chapter 9, Sections 7 and 8, demolition permits in accordance with Chapter 9, Section 10, first paragraph, item 2, and site improvement permits in accordance with Chapter 9, Section 13; and

5.the placing, design, and construction of construction works and lots, and in connection with this determine:

a)vegetation and the design and height of the land surface within such areas as are referred to in Chapter 9, Section 13, item 1;

b)protective devices to counteract such disturbances emanating from the surroundings as referred to in Section 12, item 1; and

b)issues as referred to in Section 16, items 2, 4, and 5.

In connection with regulation in accordance with the first paragraph, item 2 or 5, the municipality may also regulate protection for such particularly valuable construction works, sites and development areas as are referred to in Chapter 2, Section 6, third paragraph, and Chapter 8, Section 13, and for such land for common use as is particularly valuable from a historic, cultural-historic, environmental, or artistic point of view. Act (2014:900).

Section 43.

The municipality must report the area regulations and the reason for them in a separate document. The document must be designed so that it clearly indicates how the provisions regulate development, construction works, and the rest of the environment.A decision to amend or repeal area regulations and the reason for doing so must also be reported in a separate document.

Chapter 5.
Procedures for detailed development plans and area regulations

Section 1.

This chapter contains provisions for how detailed development plans and area regulations are adopted, amended and repealed, and for notifications from the municipality about initiating preparation of such planning. Act (2011:335).

Planning notification

Section 2.

On the request of someone who intends to carry out a measure that may require the adoption, amendment or repeal of a detailed development plan, or the amendment or repeal of area regulations, the municipality must make a planning notification of its intentions in the matter of initiating preparation of such planning. Act (2011:335).

Section 3.

A request for planning notification must be in writing and must include a description of the principal purpose of the intended measure, as well as a map showing the affected area.If the measure is for a construction works, the request must also include a description of the nature and approximate extent of the construction works.

Section 4.

When the municipality has received a request for planning notification that fulfils the requirements in Section 3, the municipality must issue its planning notification within four months, unless the municipality and the person or entity making the request agree otherwise.

Section 5.

The planning notification must state whether the municipality intends to initiate planning preparation or not.If the municipality intends to initiate planning preparation, the municipality must state in the planning notification when it estimates that this preparation will have led to a final decision on adopting, amending or the repealing of a detailed development plan, or on amending or repealing area regulations.If the municipality does not intend to initiate planning preparation, the municipality must state the reasons for this in the planning notification. Act (2011:335).

Procedure before a detailed development plan is adopted

Section 6.

Before the municipality adopts a detailed development plan, it must have drawn up a planning proposal, consulted about the proposal and had it reviewed as specified in Sections 8–37.For some detailed development plans, special regulations also apply as specified in Sections 7 and 7 a. Act (2014:900).

Section 7.

Special regulations regarding an expanded planning procedure are specified in Section 11 a, first paragraph; Sections 11 b and 11 c; Section 17, first paragraph; Section 18, first and second paragraphs; and in Section 25, for a detailed development plan which:

1.is not compatible with the comprehensive plan or the County Administrative Board’s review statement as specified in Chapter 3, Section 16;

2.is of significant public interest, or otherwise of considerable interest; or which

3.can be assumed to cause a significant environmental impact. Act (2014:900).

Section 7 a.

Special regulations for a coordinated planning procedure are specified in Section 11 a, second paragraph; Sections 16 and 18 a; Section 21, second paragraph; and Section 23, second paragraph, for a detailed development plan which is compatible with the comprehensive plan and the County Administrative Board’s review statement as specified in Chapter 3, Section 16, and which only applies for:

1.an activity that has required or will require an application for a permit processed under regulations issued pursuant to Chapter 9, Section 6 of the Environmental Code; or

2.a measure that has been, or will be, examined by means of drawing up and adopting a road plan pursuant to the Roads Act (1971:948), or a railway plan pursuant to the Railway Building Act (1995:1649). Act (2014:900).

Supporting documentation for detailed development planning

Section 8.

The drafting of a detailed development plan must include, unless this is manifestly unnecessary, one or more maps appropriate for the purpose (base maps) and a real property list.

Section 9.

The real property list must specify:

1.what real property units are affected, what affected land is jointly owned by several real property units and what public water areas are affected;

2.who the owners are of the property units, the land and the water areas referred to in item 1;

3.who the holders are of any other special rights, other than ownership rights in tenant-owner’s apartments or rights of tenancy, to the real property unit as referred to in item 1; and

4.what joint facilities under the Joint Facilities Act (1973:1149) are affected and who are the owners of the real property units which are part of the facilities.

If a joined property unit, a special right or joint facility as referred to in the preceding paragraph is administered by a joint ownership association under the Joint Property Units (Management) Act (1973:1150), the association must be specified in the inventory instead of owners or holders.

Section 10.

The municipality must, if it deems this necessary in order to facilitate detailed development planning, specify the plan’s assumptions and goals in a separate programme.

Consultation and public notice

Section 11.

In its work to produce a programme as specified in Section 10, or a proposal for a detailed development plan, the municipality must consult with:

1.the County Administrative Board, the Cadastral Authority and the affected municipalities;

2.known affected parties and known holders of tenant ownership, tenants and residents who will be affected;

3.known tenant organisations which are party to agreements of negotiation procedures for an affected real property unit or, if no negotiation procedure applies, are affiliated with a national association within whose area of activity the property unit is located; and

4.any other authorities, associations and individuals with a material interest in the proposal.

The municipality does not, however, need to consult with tenant ownership holders, tenants, residents or tenants’ organisations if it is evident that the proposal lacks significance for them.For consultation as referred to in the first paragraph, items 2–4, it is sufficient for the municipality to provide the opportunity for consultation.If the implementation of the plan can be assumed to have a significant environmental impact, consultation must be carried out in such a way as to fulfil the provisions in Chapter 6, Section 6, Section 13, second paragraph, and Section 15 of the Environmental Code. Act (2014:900).

Section 11 a.

If the planning proposal is the kind of proposal that is referred to in Section 7, the municipality must give public notice of it and consult about it for a period of time which must not be less than three weeks (consultation period).For planning proposals as referred to in Section 7 a, provisions on public notice are found in Section 18 a. Act (2014:900).

Section 11 b.

Public notice must be given by means of a posting on the municipality’s notice board and by publication in a local newspaper. The public notice must specify:

1.what area the detailed development plan is for,

2.if the proposal deviates from the comprehensive plan,

3.where the proposal is available for consultation and how long the consultation period is,

4.that anyone wishing to submit opinions must do so during the consultation period, and

5.to whom opinions on the proposal is to be submitted.

Public notice must be made pursuant to the Act (1977:654) on Public Notices in Cases and Matters by Public Authorities etc. Act (2014:900).

Section 11 c.

During the consultation period the municipality must keep the planning proposal available to all who want to take part of it. The municipality must also ensure that the relevant planning material referred to in Sections 8–10 is kept available, as well as any other planning documentation that the municipality considers relevant to the assessment of the proposal. Act (2014:900).

Section 12.

The aim of the consultation must be to obtain the best possible decision guidance and to enable transparency and influence.

Section 13.

During a consultation about a planning proposal, the municipality must present the proposal, the reasons for it, the relevant planning material, and how the municipality intends to handle the proposal. The municipality may refrain from presenting the reasons for the planning proposal and the relevant planning material if this is manifestly unnecessary.If there is a programme as referred to in Section 10, the municipality must account for this.If the municipality intends to enter into land development agreement or implement land allocation, the municipality must account for the principal content of these contracts, as well as the consequences of the plan wholly or partly being implemented pursuant to one or more such contracts. Act (2014:900).

Section 14.

During consultation the County Administrative Board must specifically:

1.protect and coordinate the interests of the state;

2.act to ensure that national interests, as defined in Chapter 3 and 4 of the Environmental Code, are met, that environmental quality standards as specified in Chapter 5 of the Environmental Code are followed, and that shoreland protection as specified in Chapter 7 of the Environmental Code is not removed in contravention of applicable provisions;

3.act to ensure that such issues about the use of land and water areas as affect two or more municipalities are coordinated in an appropriate manner; and

4.act to ensure that a development or a construction works does not become unsuitable with regard to human health or safety, or with regard to the risk of accidents, flooding or erosion.

During a consultation the County Administrative Board must also specifically provide advice on the application of Chapter 2. The County Administrative Board must additionally provide advice on the application of the provisions in other chapters of the present Act, if this is necessary for the public interest. Act (2014:900).

Section 15.

During a consultation the Cadastral Authority must specifically:

1.act to ensure that a detailed development proposal is compatible with Chapter 4, Sections 7, 18, 18 a; Section 33, first paragraph, item 3, and third paragraph; and

2.provide advice on the application of Chapter 6, Sections 40–42. Act (2014:900).

Section 16.

For a planning proposal as referred to in Section 7 a, consultation as specified in Sections 11–15 need only be carried out if the examination of the other matter has been completed and:

1.the existing inquiry into that matter is insufficient or no longer relevant to the detailed development planning matter; or

2.consultation about the other matter was not carried out with all the parties comprehended by consultation under Section 11.

In cases as referred to in the preceding paragraph, item 2, it is sufficient to supplement the detailed development planning matter such that consultation is carried out with those parties that were not included in consultation about the other matter. Act (2014:900).

Section 17.

The municipality must report on the opinions that emerged during consultation, as well as the comments and proposals of the municipality in response to these opinions. If the planning proposal is of the type referred to in Section 7, all the opinions that emerged must be presented together (in a consultation report). For planning proposals of other types than that referred to in Section 7, it is sufficient for the presentation to be made in the review report as specified in Section 23.If implementation of the detailed development plan can be assumed to imply a significant environmental impact, the consultation report must be formulated such that it also fulfils the requirements in Chapter 6, Section 16, second paragraph of the Environmental Code. Act (2014:900).

Review

Section 18.

When a consultation as specified in Sections 11–17 is complete, the municipality must formulate a notice about the planning proposal and allow it to be reviewed for a specified period of time (review period). If the parties with which the municipality has consulted under Section 11 have approved the planning proposal, such notice need not be made.The review period must be at least two weeks, but may be shorter if all affected parties agree to it. However, for a planning proposal as referred to in Section 7, the review period must be at least three weeks.If the municipality, once consultation is completed, finds that the planning proposal is of the type referred to in Section 7, it must also give notice of the proposal in the manner specified in Section 11 b, if notice of it has not been given previously or if it has been substantially changed. The provisions in Section 11 b regarding the consultation period shall then apply for the review period instead. Act (2014:900).

Section 18 a.

If the planning proposal is of the type referred to in Section 7 a, the municipality must give public notice of it in the manner specified in Section 11 b, and allow it to be reviewed. The provisions in Section 11 b regarding the consultation period shall then apply for the review period instead. The review period must be at least three weeks.The public notice may be coordinated with the public notice that must be made regarding the other matter as referred to in Section 7 a. Act (2014:900).

Section 19.

A notice as specified in Section 18 must be posted on the municipality’s notice board and made available on the municipality’s website. The notice must describe:

1.what area the detailed development plan is for;

2.if the proposal deviates from the comprehensive plan;

3.where the proposal is available for review and how long the review period is;

4.that anyone wishing to submit opinions must do so during the review period;

5.to whom opinions on the proposal are to be submitted; and

6.that anyone who has not submitted written opinions on the proposal during the review period may lose the right to appeal a decision to adopt the plan. Act (2014:900).

Section 20.

No later than on the day the notice is posted on the municipality’s notice board, the municipality must send:

1.a notification of the content of the notice to known affected parties and to those referred to in Section 11, first paragraph, items 3 and 4; and

2.the proposal and the consultation report referred to in Section 17 to the County Administrative Board, the Cadastral Authority and the affected municipalities. Act (2014:900).

Section 21.

During the consultation period the municipality must keep the proposal available to all who want to review it. The municipality must also ensure that the supporting documentation referred to in Sections 8–10 and the consultation report referred to in Section 17 are kept available, as well as any other planning documentation that the municipality considers significant for the evaluation of the proposal.If the proposal is of the type referred to in Section 7 a, and public notice has been coordinated as specified in Section 18 a, second paragraph, the municipality may fulfil its obligation under the preceding paragraph by keeping a copy of the documents on the other matter available, to the extent that the information is contained in them. Act (2014:900).

Section 22.

The County Administrative Board must issue an opinion of the planning proposal during the review period, if in its assessment the proposal implies that:

1.a national interest as specified in Chapter 3 or 4 of the Environmental Code will not be protected;

2.an environmental quality standard as specified in Chapter 5 of the Environmental Code will not be met;

3.shoreland protection as specified in Chapter 7 of the Environmental Code will be removed in contravention of applicable provisions;

4.the regulation of such issues about the use of land and water areas as affect several municipalities has not been appropriately coordinated; or

5.a development or a construction work will otherwise become unsuitable with regard to human health or safety, or with regard to the risk of accidents, flooding or erosion.

Section 22 a.

The Cadastral Authority must give an opinion of the planning proposal during the review period, if it judges that the proposal is not compatible with Chapter 4, Sections 7, 18 and 18 a, and Section 33, first paragraph, item 3, and third paragraph. Act (2014:900).

Section 23.

After the review period the municipality must issue a review report. This must include a compilation of the written opinions received during the review period, and a presentation of the municipality’s proposal in consideration of the opinions.If the proposal is of the type referred to in Section 7 a and public notice has been coordinated as specified in Section 18 a, second paragraph, the review report mustalso consider written opinions received in reference to the other matter, and which has a bearing on the examination of the detailed development plan. Act (2014:900).

Section 24.

The municipality must at its earliest opportunity send the review report, or information about where it is available, to those whose opinions has not influenced the proposal. The review report must be made available together with the other documents in the matter.

Section 25.

If the municipality amends its proposal substantially after the review period, the municipality must have the amended proposal reviewed as specified in Section 18, first and third paragraphs, and Sections 19–24. If the municipality judges that the proposal is of the type referred to in Section 7, and public notice of it has not been given earlier, the municipality must also give public notice of the amended proposal in the manner specified in Section 11 b. The provisions regarding the consultation period in Section 11 b shall then apply for the review period instead. Act (2014:900).

Injunction to claim compensation or compulsory purchase

Section 26.

If a detailed development planning proposal implies the possibility of such damage as referred to in Chapter 14, Section 7, 10 or 12, the municipality may order the party that could suffer the damage to file a claim for compensation or compulsory purchase within a specified period of time. The injunction must include information that the right to compensation may otherwise be forfeited.The injunction must include information about the implication of the proposal.The time limit for filing a claim must be at least two months. Section 28 contains a provision that the municipality may not adopt the plan before the time limit has expired.

Adoption of a detailed development plan

Section 27.

A detailed development plan must be adopted by the Municipal Council, but the Council may assign to the Municipal Executive Board or the Building Committee the task of adopting a plan which is not of considerable importance or significance in terms of principle.

Section 28.

If the municipality has issued an order as described in Section 26, the municipality may not adopt the detailed development plan before the time limit for filing claims has expired. Act (2014:900).

Section 29.

When the detailed development plan has been adopted, the municipality must send notification of this to:

1.the County Administrative Board and the Cadastral Authority;

2.the affected municipalities and regional planning bodies; and

3.the parties specified in Section 11, first paragraph, items 2 and 3, and the parties entitled to appeal under Chapter 13, Section 12 or 13, and who have:

a)submitted written opinions within the review period which has not influenced the proposal; or

b)are entitled to appeal the decision under Chapter 13, Section 11, second paragraph, item 1.

The notice must include an extract of the minutes from the decision, as well as information about how a party wishing to appeal the decision has to proceed.The municipality must send the County Administrative Board the review report referred to in Section 23 together with the notice that the plan has been adopted, unless the municipality has already sent the report as specified in Section 24.

Section 30.

Notice as specified in Section 29 must be sent no later than the day after the confirmation of the minutes containing the decision has been posted on the municipality’s notice board.

Section 31.

If the detailed development plan requires an environmental impact assessment under Chapter 4, Section 34, the municipality must send notice of the adoption of the plan to the authority referred to in Chapter 6, Section 8, second paragraph of the Environmental Code.

Section 32.

When the decision to adopt the detailed development plan has become legally binding, the municipality must:

1.make a note on the plan documents of the date on which the plan has become legally binding, if an order under Chapter 13, Section 17, third paragraph was issued, the date on which that order was issued;

2.within two weeks send the plan, plan description and real property list as specified in Section 9 to the County Administrative Board and Cadastral Authority; and

3.by means of public notice as specified in Section 11 b, or by means of written notification, inform those real property owners who may be entitled to compensation under Chapter 14, Section 5, 6, 7, 9, 10 or 11, and those who may, under Chapter 14, Section 12, have the corresponding right to compensation, and in the notification specify the content of Chapter 15, Section 5. Act (2014:900).

Notifications to joint property units and holders of tenant ownership

Section 33.

A notification as specified in Section 20, 24 or 29, which is to be sent to a joint property unit, may be sent to:

1.a member of the board of the joint property unit;

2.the person appointed to manage the joint property unit’s affairs; or

3.if there is neither board nor manager, one of the joint property unit’s part owners, for the notification to be made available to the other part owners.

Section 34.

A notification as specified in Section 20, 24 or 29, which is to be sent to a tenant ownership holder with no known address, may instead be sent to a member of the board of the tenant owners’ association.

Notifications to a large number of people

Section 35.

If a notification as specified in Section 20, 24 or 29 is to be sent to a large number of people who are not in joint property units and who are not tenant ownership holders, and it will imply greater cost and trouble than what is reasonable in view of the purpose of the notification to send it to each one of them separately, the municipality may:

1.if the notification is of the type referred to in Section 20, refrain from sending it under Section 20, item 1; and

2.if the notification is of the type referred in Section 24 or 29, instead of sending it, give public notice of it by posting it on the municipality’s notice board and:

a)publish it in a local newspaper; or

b)spread information flyers about the public notice to the residents affected, if the vast majority of the recipients of the notification are residents.

If the public notice is of a notification as specified in Section 29, it must specify which decision the notification concerns, when the decision was announced and what the appellant has to do. If the public notice is by publication in a local newspaper, this must occur on the same day as the decision is announced.

Section 36.

If a notification concerns a detailed development plan which implies that a land or water area may be appropriated under Chapter 6, Section 13 or 16, then Section 35 may not be applied for notifications to the owner or holder of a special right to the area or space. Act (2014:900).

Section 37.

In notifying an individual who has received an order under Section 26 that the detailed development plan has been adopted, the municipality may not apply Section 35.

Amending and repealing detailed development plans

Section 38.

The provisions that apply under this chapter with respect to proposals for and adoption of a detailed development plan shall also apply with respect to proposals for and decisions about amending or repealing a detailed development plan.

Section 38 a.

In the event of an extension of the implementation period as specified in Chapter 4, Section 24, there is no need to apply Section 18, first and third paragraphs, and Sections 19–25. Consultation under Section 11 is only required with known affected parties within the planning area. Act (2014:900).

Section 38 b.

In case of proposals to repeal a detailed development plan, Section 18, first and third paragraphs, and Sections 19–25 need not be applied when the implementation period for the plan has terminated and repealing of of the plan:

1.is compatible with the comprehensive plan and the County Administrative Board’s review report as specified in Chapter 3, Section 16;

2.is not of significant interest to the general public or otherwise of considerable significance; and

3.cannot be assumed to imply a significant environmental impact.

In cases as referred to in the preceding paragraph, the municipality must at its earliest possibility send the consultation report, or a notification of where it is available, to those whose opinions has not influenced the proposal.If the municipality amends its proposal substantially following consultation, the municipality must, despite the preceding paragraph, have the amended proposal reviewed as specified in Section 18, first and third paragraphs, and Sections 19–24. Act (2014:900).

Adopting, amending and repealing area regulations

Section 39.

With respect to proposals for and decisions about adopting, amending or repealing area regulations, the municipality must apply the provisions on proposals for and adoption of a detailed development plan in Section 7; the part of Section 8 that refers to property inventories; Sections 9 and 10; Section 11, first–third paragraphs; Section 11, first paragraph; Section 11 a, first paragraph; Sections 11 b and 11 c; Sections 12–15; Section 17, first paragraph; Sections 18–20; Section 21, first paragraph; Sections 22 and 22 a; Section 23, first paragraph; Sections 24, 25, 27, 29 and 30; Section 32, items 1 and 2; Sections 33–35; and Section 38. In application, the provisions regarding detailed development plans shall refer to area regulations. Act (2014:900).

The effect of decisions under this chapter

Section 40.

A decision to adopt, amend or repeal a detailed development plan or area regulations will only apply once the decision has become legally binding.Provisions allowing the decision to be applied before it has become legally binding are in Chapter 13, Section 17, third paragraph.

Section 41.

Area regulations will cease to apply when a decision to adopt a detailed development plan for the becomes legally binding, or when a detailed development plan for the area may be implemented with the support of an order under Chapter 13, Section 17, third paragraph.

Chapter 6.
The implementation of detailed development plans

Section 1.

This chapter contains provisions on the implementation of detailed development plans for public spaces when the municipality is the principal. These provisions relate to:

1.the right of the municipality to acquire properties, land, and other spaces;

2.the arrangement and maintenance of public spaces; and

3.the obligation of real property owners to pay for street costs, etc.

This chapter also contains provisions on land development agreement.In the case of a private principal, the provisions in the Joint Facilities Act (1973:1149) on establishing constructions common to several properties will be applied. The Joint Facilities Act also contains provisions on maintenance of roads and other public spaces that are administered under private responsibility. Act (2014:900).

Section 2.

Implementation of a detailed development plan must be based on the planning description that the municipality has made in accordance with Chapter 4, Sections 31 and 33. Act (2014:900).

Section 3.

Has been repealed pursuant to Act (2014:900).

Section 4.

Has been repealed pursuant to Act (2014:900).

Section 5.

Has been repealed pursuant to Act (2014:900).

Section 6.

Has been repealed pursuant to Act (2014:900).

Section 7.

Has been repealed pursuant to Act (2014:900).

Section 8.

Has been repealed pursuant to Act (2014:900).

Section 9.

Has been repealed pursuant to Act (2014:900).

Section 10.

Has been repealed pursuant to Act (2014:900).

Section 11.

Has been repealed pursuant to Act (2012:187).

Section 12.

Has been repealed pursuant to Act (2014:900).

Right of the municipality to acquire real property units, land, and other spaces

Section 13.

The municipality may acquire land or other space that, according to the detailed development plan, will be used for:

1.a public space that the municipality will be in charge of; or

2.something other than private development, if the use of the land or the space for the intended purpose cannot yet be regarded as ensured.

The right of the municipality in accordance with the first paragraph, item 2, ceases to be valid if the municipality provides a building permit in accordance with Chapter 9, Section 32 a, first paragraph.Provisions on the obligation of the municipality to acquire land or other space are found in Chapter 14. Act (2014:900).

Section 14.

If a land area, according to the detailed development plan, is to be a single real property unit but at the end of the implementation period comprises several real property units with different owners, and the municipality, according to the plan, is in charge of a public space, the municipality may acquire real property units or parts of real property units so that the division of property corresponds with the plan. Act (2014:900).

Section 15.

If the municipality is in charge of a public space that is intended to provide for the needs of a development district or other space for that public space, and the development district or space, at the end of the implementation period, has not been developed in a manner that in substance follows the detailed development plan, the municipality may acquire the land or space.The first paragraph does not apply if the land or space is covered by a building permit that can be requisitioned. Act (2014:900).

Section 16.

If someone has particular rights to land or other space covered by the right of the municipality in accordance with Section 13, 14, or 15, the municipality may also acquire the particular rights. Act (2014:900).

Section 17.

if the municipality makes use of its right in accordance with Section 13, 14, 15, or 16, the compensation shall be determined in accordance with Chapter 4 of the Swedish Expropriation Act (1972:719).

Arrangement of public spaces

Section 18.

As the development is completed in accordance with the detailed development plan, the municipality must arrange the streets and other public spaces for which the municipality is the principal so that the spaces can be used for their intended purposes.The municipality must make the spaces available for public use as soon as the area in which the spaces are located has been developed according to the plan or, if the implementation period has expired, as the development is completed.When the spaces are made available for public use, they must be arranged in a suitable way and in accordance with the local custom. Otherwise, they must follow the detailed development plan with regard to street width, height, and design. The municipality may make minor deviations from the plan if this does not counteract the purpose of the plan.

Section 19.

To the extent the State is responsible for road maintenance within an area covered by the detailed development plan, what applies in accordance with Section 18 with regard to the municipality’s obligation to see to streets shall apply to the State instead.If a street is otherwise given a greater width or a more expensive execution that what is needed with regard to the traffic, the municipality must pay the extra cost, despite the first paragraph.The national government may, in individual cases, decide that the State will stand the additional cost referred to in the second paragraph.

Section 20.

Before the municipality has managed to arrange the street to which a property will have an exit, or the sewage pipe to which a property is to be connected, the developer of the property may:

1.themselves arrange an exit road and sewage systems, and

2.without compensation, use municipal land for the exit road and sewage systems, if the land is intended for that purpose. Act (2011:335).

Maintenance of public spaces

Section 21.

The municipality must be responsible for the maintenance of streets and other public spaces for which the municipality is the principal of. This applies even if the detailed development plan is repealed.

Section 22.

If the State is responsible for road maintenance on a public road within an area covered by the detailed development plan, the State must be responsible for the road being maintained in accordance with the Public Road Act (1971:948).If the maintenance is otherwise more expensive than is needed with regard to traffic, the municipality must pay the extra cost, despite the first paragraph. This does not apply, however, if the national government decides that the State is to pay the additional cost.

Section 23.

Has been repealed pursuant to Act (2014:900).

Obligation of real property unit owners to pay for street costs, etc.

Section 24.

If the municipality, in its capacity of responsible authority, is obligated to construct or improve a street or other public space, or take other measures intended to provide for the need of an area for public spaces and for facilities that normally belong to such spaces, the municipality may decide that the owners of the real property units in the area must pay the costs of such measures.The costs shall be allocated among the real property units reasonably and fairly.The municipality must determine the delimitation of the area to be covered by the allocation, which costs are to be allocated, and the bases for the allocation.

Section 25.

If the municipality, in its capacity of responsible authority, is obligated to construct or improve a street, the municipality must, instead of applying Section 24, determine that the costs for these shall be paid by the owners of the real property units along the street.The costs can be allocated among the properties so that:

1.each real property unit is responsible for half of that part of the cost that comes from the street in front of the real property unit;

2.the cost for such facilities normally belonging to a street are allocated equally; and

3.the cost for constructing an intersection is allocated equally among the real property units at the intersection.

If the cost for constructing or improving a street is not the same along the entire street, the municipality may decide that the cost is to be allocated among the properties in some other way than is reasonable and fair.What applies according to this paragraph to a street will also apply to public spaces other than streets.

Section 26.

If a real property unit is situated by a public space that is not a street, the space – in connection with the application of Sections 24 and 25 – will be considered to have a width corresponding to five fourths of the tallest building height that according to the detailed development plan applied for the real property unit when the land the space lies on was made available for public use.

Section 27.

To the basis for the decision on the scope of the obligation to pay in accordance with Section 24 or 25, the municipality may add:

1.the actual costs; or

2.calculations of what, according to experience, it costs in similar executions to construct or improve streets and other public spaces.

Consultation and review prior to a decision on cost allocation

Section 28.

Before the municipality decides on obligation to pay in accordance with Section 24 or 25, the municipality must investigate the issue and draw up the proposal for cost allocation to which the investigation gives rise.The municipality must give affected parties and co-operative tenant owners, tenants, and residents affected by the proposal, as well as other associations and individuals who may have a substantial interest in the proposal the opportunity to consult with the municipality. The consultation must aim at an exchange of information and opinions. During the consultation, the municipality should show the reason for the proposal, the basis for planning that is of significance, and the most important consequences of the proposal.The municipality must show the results of the consultation, and the proposals to which the consultation has led, in a consultation report.

Section 29.

If the municipality’s proposal refers to cost allocation in accordance with Section 24, the municipality must make it known that the proposal is available for review. The announcement must be put up on the municipal’s notice board and advertised in a local newspaper, in accordance with the Act on Public Notices of Cases and Matters before Public Bodies (1977:654).The notice must indicate which area the proposal refers to, that persons who wish to review the proposal and submit points of view can do so within an indicated review period, and the person to whom the opinions are to be submitted. The review period must be at least three weeks. The municipality must send information about the notice and its contents in a letter to the known real property unit owners who are affected but have not approved the proposal in writing.

Section 30.

During the review period in accordance with Section 29, the municipality must keep the cost allocation proposal and consultation report in accordance with Section 28 available to those who wish to review the proposal.

Section 31.

If the municipality’s proposal relates to cost allocation in accordance with Section 25, the municipality must provide the known real property unit owners who are affected but have not approved the proposal in writing with the opportunity to comment on the proposal and the consultation statement by a certain date at the latest.

Section 32.

The municipality may not make its final decision on cost allocation:

1.in accordance with Section 24 until the review period in accordance with Section 29 has expired; or

2.in accordance with Section 25 until the period for comment in accordance with Section 31 has expired.

Adjustment of the obligation to pay

Section 33.

A real property unit owner’s obligation to pay in accordance with Section 24 or 25 must be adjusted, if:

1.the cost of the municipality’s measures is unreasonably high; or

2.the measure or measures to which the cost relates has a scope or execution that goes beyond what can be considered normal with regard to the use permitted for the real property unit.

Fulfilment of the obligation to pay

Section 34.

If the municipality decides that a real property unit owner is to pay costs in accordance with Section 24 or 25, the obligation to pay arises when the facility to which the payment relates can be used for the real property unit in the intended manner.

Section 35.

When an obligation to pay has arisen in accordance with Section 34, the payment must take place when the municipality so requests.On unpaid amounts that have come due for payment, interest must be paid from the due date in accordance with Section 6 of the Interest Act (1975:635).

Section 36.

Despite section 35, the obligation to pay can be fulfilled through instalments of at least one tenth annually, if:

1.the obligation to pay is a great burden to the real property unit owner with regard to the financial strength of the real property unit or other circumstances; and

2.the real property unit owner provides acceptable security.

On unpaid amounts that have not come due for payment, interest in accordance with Section 5 of the Interest Act (1975:635) must be paid from the day the first instalment is to occur. On unpaid amounts that have come due for payment, interest must be paid from the due date in accordance with Section 6 of the Interest Act.

Section 37.

The terms of payment in accordance with Section 36 must be modified, if they are too great of a burden on the real property unit owner.

Section 38.

If a real property unit owner has become liable for payment in accordance with Section 34, and the real property unit changes owners thereafter, the new owner becomes liable for payment to the same extent that the previous owner was. This does not apply, however, to amounts that came due for payment prior to the day of taking possession.

Land development agreement

Section 39.

If the municipality intends to sign land development agreements, the municipality must adopt guidelines that indicate the starting points and goals for such agreements. The guidelines must indicate fundamental principles for the allocation of costs and revenues for the implementation of detailed development plans, as well as other conditions that are of significance for the assessment of the consequences of signing land development agreements. Act (2014:900).

Section 40.

A land development agreement can relate to commitments for a developer or a real property unit owner to take or to finance measures for the construction of streets, roads, and other public spaces, and of facilities for water supply and drainage, as well as other measures. The measures must be necessary in order for the detailed development plan to be implemented. The measures included in the developer’s or real property unit owner’s commitments must be in reasonable relation to their benefit from the plan. Act (2014:900).

Section 41.

A land development agreement may not contain a commitment for a developer or a real property unit owner to pay in full or in part for construction works for health care, education, or nursing care that the municipality has an obligation, according to the law, to provide. Act (2014:900).

Section 42.

A land development agreement may not relate to compensation for measures that were taken before the signing of the agreement in cases other than when the detailed development plan related to a step in a phased building project. Act (2014:900).

Application of this chapter to joint property units

Section 43.

What applies with regard to real property units in accordance with this chapter shall also be applied to land or other space that belongs to several properties in joint ownership. In connection with such application:

1.what applies with regard to the real property unit owner will apply to the owners of real property units that have a part in the joint property unit; and

2.a joint property unit that is not intended for development is considered to be developed when the joint property unit has been requisitioned for its intended purpose to a substantial extent.If a joint property unit is to be considered developed in accordance with the first paragraph, item 2, the maximum permissible building height is considered to be the average maximum permissible building height for the real property unit that have a part in the joint property unit. Act (2014:900).

Chapter 7.
Regional planning

Section 1.

The government may decide that, for a certain period or until further notice, there will be a regional planning body entrusted with:

1.investigating such issues concerning the use of land or water areas that affect two or more municipalities and need to be investigated jointly; and

2.coordinating the overall planning for two or more municipalities to the extent deemed necessary.

The government must decide on a regional planning body of this kind only if the joint investigation work or coordination will not come about in another way and there is no widespread objection to it among the municipalities affected. The decision must indicate the principal tasks of the regional planning body concerned.

Section 2.

In a decision in accordance with Section 1, the government may decide that:

1.a local government federation shall be the regional planning body; or

2.the local governments affected shall form a special regional planning association that will be the regional planning body.

Section 3.

On issues not specially regulated in this chapter, the provisions on municipal associations in the Local Government Act (1991:900) must be applied to regional planning associations.

Section 4.

Provisions on regional planning in Stockholm County are found in the Regional Planning Act for Stockholm County Municipalities (1987:147).

Section 5.

The region for a regional planning body covers the municipalities for which the body has been set up.The regional planning body will monitor regional issues within its region, and on such issues on a regular basis submit documentation to the municipalities and State authorities for their planning.

Section 6.

A regional planning body may adopt a regional plan for the region or a part thereof, that will:

1.be of guidance for decisions on comprehensive plans, detailed development plans, and area regulations; and

2.indicate the essential features of the use of land and water areas, and guidelines for the localisation of development and construction works, if these are of importance to the region. Act (2011:335).

Section 7.

The regional plan must be designed so its content and the consequences thereof are clearly indicated.

Section 8.

The provisions in Chapter 3, Sections 7–18 on consultation, exhibition and review must also be applied with regard to regional plans, and also when a regional plan is to be amended or repealed. When applied, the provisions laid down in the aforementioned sections on the comprehensive plan shall instead be applicable to regional plans and the provisions laid down on the municipality shall be applicable to the regional planning body. The exhibition period, however, must be at least three months.

Section 9.

A regional plan must be adopted, amended, and repealed by delegates in the local government federation or regional planning association that is the regional planning body.The regional planning bodies must ensure that:

1.a decision to adopt, amend, or repeal a regional plan is announced through the approved minutes containing the decision being posted in the location referred to in Chapter 3, Section 28, item 10 of the Local Government Act (1991:900);

2.a notification of the announcement and excerpts from the minutes containing the decision is sent to the municipalities and County Administrative Boards affected by the plan, and to the government at the latest the day after the announcement; and

3.the plan is sent to the County Administrative Boards within the region and to the National Board of Housing, Building and Planning, once the decision has come into force.

Section 10.

A regional plan is valid for eight years, counting from:

1.the day of the government’s decision in accordance with Chapter 11, Section 13 not to re-examine the plan; or

2.the day of the government’s decision in accordance with Chapter 11, Section 14, if it means that the regional plan has not been repealed in its entirety.

Section 11.

If a regional plan is amended, the amended plan is valid from:

1.the day of the government’s decision in accordance with Chapter 11, Section 13 not to re-examine the amendment; or

2.the day of the government’s decision in accordance with Chapter 11, Section 14, if it means that the amendment has not been repealed in its entirety.

The modified plan is valid only throughout the remainder of the original period of validity of the plan in accordance with Section 10.

Section 12.

If a regional plan is repealed, the plan ceases to be valid from:

1.the day of the government’s decision in accordance with Chapter 11, Section 13 not to re-examine the repeal; or

2.the day of the government’s decision in accordance with Chapter 11, Section 14, if it means that the plan has been repealed.

Chapter 8.
Requirements for construction works, construction products, lots and public spaces

The design of construction works

Section 1.

A building must:

1.be suitable for its purpose;

2.demonstrate a good effect of design, colour and material; and

3.be accessible to and usable for individuals with limited mobility or orientation capacity.

Section 2.

Unless otherwise specified in this chapter or in regulations issued pursuant to Chapter 16, Section 2, the requirements in Section 1 shall be fulfilled such that they:

1.are fulfilled for the entire building in the case of new construction;

2.are fulfilled for the entire building in the case of reconstruction or, if this is not reasonable, for that considerable and clearly definable part of the building which has been significantly renewed in the reconstruction; and

3.are fulfilled with respect to the alteration in the case of some other alteration than reconstruction of a building.

With respect to the requirement in Section 1, item 3, easily eliminated obstacles to the accessibility and the usefulness of the premises and the places for persons with limited mobility or orientation capacity shall be removed in buildings with non-residential premises to which the public has access and in public spaces.

Section 3.

To the extent specified in regulations issued pursuant to Chapter 16, Section 2, that which:

1.applies for a building under Sections 1 and 2 shall also apply for other civil engineering works; and that which

2.applies for a building under Section 1 shall also apply for signs and lighting appliances.

The technical characteristics of construction works

Section 4. /Expires U:01 January 2017/

A construction works must have the technical characteristics which are essential in terms of:

1.load-bearing capacity, stability and durability;

2.safety in case of fire;

3.protection with regard to hygiene, health and the environment;

4.safety in use;

5.protection against noise;

6.energy management and heat retention;

7.suitability for the intended purpose;

8.accessibility and usability for individuals with reduced mobility or sense of direction; and

9.economical management of water and waste.

What is required of a construction works in order for it to be regarded as fulfilling the provisions in the preceding paragraph is specified in regulations issued pursuant to Chapter 16, Section 2.

Section 4. /Comes into force I:01 January 2017/

A construction works must have the technical characteristics which are essential in terms of:

1.load-bearing capacity, stability and durability;

2.safety in case of fire;

3.protection with regard to hygiene, health and the environment,

4.safety in use;

5.protection against noise;

6.energy management and heat retention;

7.suitability for the intended purpose;

8.accessibility and usability for individuals with reduced mobility or sense of direction;

9.economical management of water and waste; and

10.broadband access.

What is required of a construction works in order for it to be regarded as fulfilling the provisions in the preceding paragraph is specified in regulations issued pursuant to Chapter 16, Section 2. Act (2016:537).

Section 4 a.

A municipality may not, except in cases as specified in Chapter 4, Sections 12 and 16, or in cases where the municipality is acting as developer or real property unit owner, impose its own requirements for a construction works’ technical characteristics in planning, in other matters under this Act or in connection with the implementation of detailed development plans. If a municipality should present such requirements, they shall be without effect. Act (2014:900).

Section 5.

The requirements in Section 4 must be fulfilled in such a way that they:

1.are fulfilled in the case of new construction, of reconstruction or of other alterations than reconstruction of a building; and

2.may be assumed, with normal maintenance, to continue to be fulfilled during an economically reasonable service life.

The characteristics requirements to be fulfilled for the application of the preceding paragraph are the requirements that apply when construction or alteration occurs. The requirements must be fulfilled to the same extent by the building specified in Section 2, first paragraph, unless otherwise specified in regulations issued pursuant to Chapter 16, Section 2.The provisions in the two preceding paragraphs that apply for buildings shall also apply for other civil engineering works than buildings.

Exceptions to the design and characteristics requirements for construction works

Section 6.

The requirements for accessibility and usability in Section 1, item 3 and Section 4, first paragraph, item 8 do not apply for:

1.work premises, if the requirements are unwarranted given the nature of the activity that the non-residential premises are intended for;

2.a holiday home with a maximum of two dwellings; and

3.accessibility to a one or two dwelling house, if fulfilment of the requirements is not reasonable given the terrain. Act (2011:335).

Section 7.

For alteration or movement of a building, the requirements in Sections 1 and 4 may be adapted, and deviations from the requirements made, taking into account the extent of the alteration or the purpose of the move, as well as the conditions of the building and the provisions on caution and against distortion in this chapter. However, deviations from the requirements in Section 1, item 3 and Section 4, first paragraph, item 8 may only be made if, given the extent of the alteration or the purpose of the move and the standard of the building, fulfilment of the requirements is manifestly unreasonable. Further, deviations from the requirements in Section 1, item 3 and Section 4, first paragraph, item 8 may always be made if the alteration means that dwellings with an individual area not exceeding 35 square meters are arranged in an attic.The provisions in the preceding paragraph that apply for a building must also apply for other civil engineering works than buildings.The two preceding paragraphs do not apply with respect to requirements that must always be fulfilled under regulations issued pursuant to Chapter 16, Section 2, item 4. Act (2014:224).

Section 8.

With respect to a construction measure that does not require a building permit or notification under this Act or under regulations issued pursuant to this Act, the requirements in Sections 1 and 4 may be adapted and deviations from the requirements made to the extent that is reasonable given the nature and extent of the measure. However, deviations from the requirements in Section 1, item 3 and Section 4, first paragraph, item 8 may only be made if, given the extent of the measure and the standard of the building, fulfilment of the requirements is manifestly unreasonable.The provisions in the preceding paragraph do not apply with respect to requirements that must always be fulfilled under regulations issued pursuant to Chapter 16, Section 2, item 4. Act (2011:335).

Lots

Section 9.

An undeveloped lot which is to be developed must be arranged in a way that is suitable with regard to the townscape or landscape and to the natural and cultural assets there. The lot must be arranged such that:

1.the natural conditions are taken advantage of to the greatest possible extent;

2.no significant negative impact arises for the surroundings or for traffic;

3.there is a suitably located exit or other way out from the site, as well as facilities that allow for necessary transports and fulfil the requirement for accessibility by emergency vehicles;

4.adequate and suitable space is available, on the site or nearby it, for parking, loading and unloading of vehicles;

5.individuals with limited mobility or orientation capacity are able to reach buildings and use the lot in other ways, unless this is unreasonable given the terrain and other circumstances; and

6.the risk of accidents is reduced.

If the lot is to be developed with buildings containing one or more dwellings or non-residential premises for after-school centres, preschools, schools or other similar facilities, the site or an adjacent area must include a sufficiently large open space appropriate for play and outdoor activities. If there is insufficient space to arrange both such an open space and parking as specified in the preceding paragraph, item 4, the arrangement of an open space shall take precedence.

Section 10.

The provisions regarding space for parking, loading and unloading, and regarding an open space, in Section 9, first paragraph, item 4, and in the second paragraph, shall also apply to a reasonable extent if the lot is developed.

Section 11.

With respect to undertaking, on a developed lot, such alterations to a building as require a permit under this Act or under regulations issued pursuant to Chapter 16, Section 7, or measures requiring notification under regulations issued pursuant to Chapter 16, Section 8, the application of Section 9 shall be to the extent that is reasonable in view of the costs of the work and the particular characteristics of the lot. Act (2011:335).

Public spaces and other areas

Section 12.

The provisions regarding lots in Sections 9–11 shall also apply, to a reasonable extent, for public spaces and for areas intended for other civil engineering works than buildings, but individuals with limited mobility or orientation capacity must always be able to use the space or area to the extent specified in regulations issued pursuant to this Act.An impediment to accessibility or usability in a public space must always be removed if it is easy to remove given the practical and financial circumstances. Act (2011:335).Prohibition against distortion

Section 13.

A building which is particularly valuable from a historical, cultural-historical heritage, environmental or artistic point of view may not be distorted.The preceding paragraph shall also apply to:

1.civil engineering works requiring a building permit under regulations issued pursuant to Chapter 16, Section 7;

2.lots, in such respects as are subject to cautionary provisions in a detailed development plan or in area regulations;

3.public spaces; and

4.development areas.

Maintenance and caution

Section 14.

A construction works must be maintained in a proper condition, so that its design and the technical characteristics referred to in Section 4 are essentially preserved. Maintenance must be adapted to the character of the surroundings and the construction works’ value from a historical, cultural-historical heritage, environmental and artistic point of view.If the construction works is of particular value from a historical, cultural-historical heritage, environmental or artistic point of view, it must be maintained in such a way as to preserve its particular value.A device intended for any of the purposes referred to in Section 4, first paragraph, items 2–4, 6 or 8, must be maintained in such condition that it always fulfils its purpose. Act (2011:335).

Section 15.

A lot must be kept in a proper condition and be maintained so that the risk of accidents is reduced and no significant negative impact arises for the surroundings and for traffic.If the lot includes a facility intended to fulfil the requirements in Section 9, it must to a reasonable extent be maintained in such condition that it fulfils its purpose. Playgrounds and fixed equipment in playgrounds must be maintained so that the risk of accidents is reduced.The Building Committee may determine that the lot is to be planted and that existing vegetation on the lot is to be preserved, if this is necessary in order to fulfil the requirements in the first paragraph.

Section 16.

The provisions in Section 15 regarding care and maintenance of a lot shall also apply, to a reasonable extent, for public spaces and areas with other civil engineering works than buildings.

Section 17.

Alterations to buildings and moving of buildings must be carried out with care, so that the building’s characteristics are taken into consideration and its technical, historical, cultural-historical heritage, environmental and artistic values protected.

Section 18.

The provisions in Section 17 regarding alterations to and moving of a building shall also apply for alterations to and moving of other civil engineering works requiring building permit under regulations issued pursuant to Chapter 16, Section 7.

Suitability of construction products

Section 19.

A construction product may be included in a construction works only if it is suitable for the intended use.A construction product shall be regarded as suitable if it:

1.has such property that the construction works in which it is to be used will be able to fulfil the technical characteristics requirements referred to in Section 4, first paragraph, items 1–6, 8 and 9, when the construction works is designed and erected in the right way; or

2.fulfils the requirements in regulations issued pursuant to Chapter 16, Section 6. Act (2013:306).

Placing on the market

Section 20.

Provisions regarding the placing and making available of construction products on the market are contained in the Regulation (EU) No 305/2011 of theEuropean Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC.A construction product which is not covered by Regulation (EU) No 305/2011 may be sold in Sweden for the intended purpose only if it is suitable under Section 19. Act (2013:306).

Section 21.

The provisions on marking in Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 and the Act on Accreditation and Conformity Assessment (2011:791) apply to construction products that are required to have a CE marking as specified in:

1.regulation (EU) No 305/2011; or

2.regulations issued pursuant to Chapter 16, Section 6, first paragraph, item 2. Act (2013:306).

Type approval and surveillance control

Section 22.

Materials, constructions and devices may be type approved for use in construction works. Such type approval may only be issued by an entity or individual accredited for the task under Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93, and Section 5 of the Act on Accreditation and Conformity Assessment (2011:791), or fulfilling the corresponding requirements under regulations in another country within the European Union or the European Economic Area.If this follows from regulations issued pursuant to Chapter 16, Section 6, first paragraph, item 4, a specific type of material or a specific construction or device must be type approved in order to be allowed to be used in a construction works (compulsory type approval). Even if type approval is not compulsory, a type approval may be included in the application (voluntary type approval).A specific type of material or a specific construction or device which has been type approved shall be regarded as fulfilling the technical characteristics requirements referred to in Section 4, in those respects that the type approval concerns. Act (2011:795).

Section 22 a.

When CE marking is the only marking to attest a construction product’s conformity with the stated performance data as specified in Article 8.3 of Regulation (EU) No 305/2011, type approval may not be issued and previously issued type approvals shall cease to apply. Act (2013:306).

Section 23.

A type approval as referred to in Section 22 may be combined with a condition that the product’s manufacturing process will be inspected on a continuous basis (surveillance control). Also with respect to types of material, constructions or devices which have not been type approved, an entity or person authorised to issue type approval as specified in Section 22 may determine on the application that manufacturing shall be subject to surveillance control.Materials, constructions and devices which have been subject to surveillance control shall be regarded as fulfilling the technical characteristics requirements referred to in Section 4, in those respects that the surveillance control concerns.

Lifts and cableway installations

Section 24.

Lifts in buildings and cableway installations for passenger transport shall always be designed and equipped as may be reasonably required in order to fulfil the technical characteristics requirements referred to in Section 4.

Ventilation systems

Section 25.

If, pursuant to Chapter 16, Section 11 it has been specially prescribed that the functioning of a ventilation system must be inspected in order to ensure a satisfactory indoor climate in buildings, as specified in Section 4, first paragraph, items 3–6, the building’s owner must ensure that the inspection is carried out by a expert performance inspector, certified by a body accredited for the task under Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93, and Section 5 of the Act on Accreditation and Conformity Assessment (2011:791), or fulfilling the corresponding requirements under regulations in another country within the European Union or the European Economic Area. Act (2011:795).

Exemption

Section 26.

The national government, or the authority appointed for this purpose by the government, may in individual cases grant exemptions from the provisions in this chapter.

Chapter 9.
Building permits, demolition permits and site improvement permits, etc.

Section 1.

This chapter contains provisions on:

1.building permits, demolition permits, site improvement permits, and notification obligations;

2.advance notice and conditional approvals;

3.processing of permit cases;

4.requirements and conditions for permits; and

5.what a permission decision must contain, how it is to be dispatched and how long it is valid for.

Building permits

Section 2.

Building permits are required for:

1.new construction;

2.extensions; and

3.alterations to a building other than extensions, if the alteration entails

a)that the building in whole or in part is used or equipped for a significantly different purpose other than the one for which the building was last used or for which it has been adopted, according to the latest building permit granted, without the intended use having come about;

b)alterations to the building that provide additional dwellings or additional non-residential premises for retail, trade, or industry; or

c)changing the colour, facing, or roofing material of the building or the buildings’ external appearance is substantially changed in any other way.

The first paragraph, item 3 c applies only if the building is situated in an area covered by a detailed development plan.

Section 3.

Despite items 1, 2, and 3 b of Section 2, first paragraph, building permits are not required for buildings for agriculture, forestry or other similar enterprises, if the measure is taken in an area not covered by a detailed development plan. Act (2011:335).

Section 4.

For one- and two dwelling houses and separate outbuildings, garages and other minor buildings (accessory buildings) appertaining to them, despite Section 2 and injunctions announced with the support of Chapter 16, Section 7, building permits are not required for:

1.setting up a sheltered outdoor area with a wall or a paling within 3.6 meters of the dwelling, if the wall or paling is no higher than 1.8 meters and it is not placed closer to the site boundary than 4.5 meters;

2.setting up a protecting roof over an outdoor space of the kind indicated in item 1 or over a terrace, balcony or entrance if the protecting roof, together with other protecting roofs set up on the site with support of exemptions from the requirements for building permits, does not cover an area larger than 15.0 square meters and is not placed closer to the site boundary than 4.5 meters; or

3.in immediate proximity to the dwelling, erecting or extending an accessory building that:

a)together with other accessory buildings erected on the site with the support of exemptions from the requirements for building permit, in accordance with this paragraph or equivalent older provisions, does not have a building area larger than 15.0 square meters;

b)has a building ridge height that does not exceed 3.0 meters; and

c)is not located closer to the site boundary than 4.5 meters.

Any of the measures referred to in items 1–3 may be taken closer to the site boundary than 4.5 meters, if the neighbours affected allow it.First paragraph, item 3 does not apply:

1.if the municipality, in accordance with Section 8, first paragraph, item 2 a, has determined that the measure requires a building permit; or

2.to a dwelling that constitutes an accessory dwelling as referred to in Section 4 a. Act (2014:900).

Section 4 a.

Despite Section 2, a building permit is not required for erecting or extending a building, in immediate proximity to a one- or two dwelling house, a building that:

1.is intended to constitute either a separate dwelling (accessory dwelling) or an accessory building,

2.together with other buildings erected on the site with the support of this paragraph, does not have a building area larger than 25.0 square meters,

3.has a building ridge height that does not exceed 4.0 meters,

4.is not located closer to the site boundary than 4.5 meters, and

5.in relation to a railway, is not located closer to the middle of the track than 30.0 meters.

Nor is a building permit required to alter an accessory building into an accessory dwelling of the kind referred to in the first paragraph.Any of the measures referred to in the first or second paragraph may be taken closer to the site boundary than 4.5 meters, if the neighbours affected allow it. A measure of this kind may also be taken closer to the middle of the track than 30.0 meters if the railway infrastructure administrator allows it. Act (2014:477).

Section 4 b.

For a one- or two dwelling house, despite Section 2, building permits are not required:

1.to make at most one extension that does not have a gross floor area larger than 15.0 square meters, does not exceed the ridge height of the building, and is not located closer to the site boundary than 4.5 meters; or

2.on a dwelling that lacks roof domes, to build at most two roof domes, or on a dwelling that already has a roof dome, to build an additional roof dome where the roof dome can take up at most half of the pitched roof area and involve no encroachment on the load-bearing construction.

Any of the measures referred to in the first paragraph, item 1 may be taken closer to the site boundary than 4.5 meters, if the neighbours affected allow it.The first paragraph does not apply to a dwelling that constitutes an accessory dwelling. Act (2014:477).

Section 4 c.

For one dwelling houses, despite Section 2, no building permits are required to provide an additional dwelling in the building. This does not apply, however, to a dwelling that constitutes an accessory dwelling. Act (2014:477).

Section 4 d.

Any of the measures referred to in Sections 4 a–4 c may not be taken without a building permit:

1.if the municipality, in accordance with Section 8, first paragraph, item 2 a, has determined that the measure requires a building permit; or

2.in buildings or within development areas as referred to in Chapter 8, Section 13.

A measure relating to an accessory dwelling in accordance with Section 4 a, a measure in accordance with Section 4 b, first paragraph, item 1 or Section 4 c may not be taken without a building permit within or adjacent to such areas as are referred to in Chapter 3, Section 9, second paragraph of the Environmental Code if it is an issue of airports, training grounds, or army ranges. Act (2014:477).

Section 4 e.

In the application of Section 4 a, an accessory dwelling must not be considered as constituting a one dwelling house such as is referred to in the first paragraph of the section. Act (2014:477).

Section 5.

For one and two dwelling houses and belonging accessory buildings within an area with a detailed development plan, despite Section 2, building permits are not required to repaint, replace façade facings, or change roofing materials if the measure does not substantially change the character of the building or of the area.The first paragraph does not apply if the municipality, in accordance with Section 8, first paragraph, item 2 a has decided that the measure requires a building permit.

Section 6.

For one and two dwellings house and belonging accessory buildings, walls and palings outside an area with a detailed development plan, despite Section 2 and regulations announced with the support of Chapter 16, Section 7, a building permit is not required for:

1.building a minor extension, if the measure is not taken closer to the site boundary than 4.5 meters; or

2.erecting an accessory building, a wall, or a paling in immediate proximity to the dwelling, if the measure is not taken closer to the site boundary than 4.5 meters.

Any of the measures referred to in items 1 or 2 may be taken closer to the site boundary than 4.5 meters, if the neighbours affected allow it.The first and second paragraphs do not apply if the municipality, in accordance with Section 8, first paragraph, item 3 has decided that the measure requires a building permit, or if the measure is taken within an assembled built environment and a building permit is required with regard to the scope of the construction works in the development. Act (2014:900).

Section 7.

To the extent that the municipality, pursuant to Chapter 4, Section 15 or 42, has decided what will apply as derogations from the building permit requirement, a building permit is not required, despite Section 2:

1.within an area with a detailed development plan, to carry out a measure in the manner and during the period that the municipality has decided in the plan; or

2.within an area covered by area regulations, in the manner that the municipality has decided in the area regulations:

a)to take a measure relating to an accessory building;

b)to build a minor extension;

c)to build an extension to or make other alterations to an industrial building; or

d)take a measure relating to a simple holiday home, allotment garden cottage, or other similar building.

Taking a measure referred to in the first paragraph of Section 2 a or 2 b within an assembled built environment requires approval from the neighbours affected in order for the measure to be taken without a building permit, if such approval is required with regard to the scope of the construction works in the built environment.The first and second paragraphs do not apply if a building permit review is necessary in order to take the neighbours’ interests or the public interest into consideration.

Section 8.

Beyond what is determined by the application of Sections 2–7, a building permit is required to the extent indicated by:

1.regulations announced with the support of Chapter 16, Section 7;

2.what the municipality, for an area that constitutes a valuable environment:

a)has decided in a detailed development plan in order to take a measure referred to in Section 4, first paragraph, item 3, 4 a–4 c, or Section 5, first paragraph;

b)has decided in a detailed development plan or area regulations in order to maintain or alter a construction works or built environment as referred to in Chapter 8, Section 13;

c)has decided in area regulations in order to change the colour, facing, or roofing material of a building in the area, or to take any other measure that substantially change the external appearance of the building;

3.what the municipality has decided in area regulations in order to take measures as referred to in Section 6, first paragraph, items 1 and 2 outside an assembled built environment;

4.what the municipality has decided in area regulations with regard to buildings for agriculture, forestry, or similar enterprise;

5.what the municipality has decided in a detailed development plan or area regulations in order to set up, or substantially alter, civil engineering works for such groundwater catchments as are referred to in Chapter 11, Section 11, item 1 of the Environmental Code.

The first paragraph, item 4 and 5 apply only if there are particular reasons for an examination of the building permit. Act (2014:900).

Section 9.

If a building permit is used for a purpose that has a seasonal character of the type that a measure covered by the building permit needs to be repeated for two or more years in a row, the measure may be taken again without a new examination, if it occurs within one year of the measure last being concluded.

Demolition permits

Section 10.

Demolition permits are required to demolish a building or a part of a building:

1.within an area with a detailed development plan, if the municipality has not decided otherwise in the plan; and

2.outside an area with a detailed development plan, if the municipality has decided in area regulations that a demolition permit is required.

Demolition permits are not required, however, if the building or part of the building can be erected without a building permit and the municipality has not decided in the detailed development plan or the area regulations that a demolition permit is required.

Site improvement permits

Section 11.

Site improvement permits are required for excavation or filling in an area with a detailed development plan that substantially changes the height level of the ground surface within a lot, or for land within a public space, if the municipality has not otherwise decided in the detailed development plan.If a certain height level of the ground surface of the land has been determined in the detailed development plan, a site improvement permit is not required to raise or lower the surface of the land to that level, despite the first paragraph. Act (2014:900).

Section 12.

Site improvement permits are required for felling trees and afforestation within an area with a detailed development plan, if the municipality has decided this in the plan.

Section 13.

Site improvement permits are required for excavation, filling, felling trees and afforestation in an area outside a detailed development plan, if:

1.the measure is to be carried out in an area that is intended for development, or in proximity to an existing or planned constructions for the total defence, airports owned by the State, other airports for public use, nuclear reactors, other nuclear energy facilities, or other facilities that require a protective or security area, and

2.the municipality has decided in area regulations that such a site improvement permit is required in the area.

Permits for measures not requiring permits

Section 14.

Even if a measure involving a construction works or land does not require a building permission, a demolition permit, or a site improvement permit, the person intending to carry out the measure may apply to have the measure examined and has the right to have the application examined as if the measure required a permit. The examination shall relate to the consistency of the measure with this Act.

Measures for total defence

Section 15.

Provisions on building permits, demolition permits, and site improvement permits do not apply to measures involving buildings or other civil engineering works that are intended for total defence and are of a secret character. Measures of this kind must be preceded by consultation with the County Administrative Board which must notify the municipality in a reasonable manner of the measures and where they will be carried out.

Notification obligation

Section 16.

Even if a measure does not require a building permit, demolition permit, or site improvement permit, the measure may not be started in violation of the obligation to report the measure, which was announced in pursuance of provisions of Chapter 16, Section 8.

Advance notice

Section 17.

If the person who intends to take a measure for which a building permit is required so requests, the Building Committee must provide an advance notice with regard to whether the measure can be allowed at the location intended.

Section 18.

An advance notice that implies that the measure can be allowed is binding in connection with the future building permit examination, if the application for a building permit is made within two years of the day that the advance notice came into force.

Conditional approval

Section 19.

If the person who intends to take a measure for which a building permit is required so requests, the Building Committee must report in a conditional approval its assessment with regard to whether it can be assumed that the measure will be the subject of conditions in order to meet the requirements of Chapter 8, Sections 1 and 2. A conditional approval of this type is not binding.

Processing of cases concerning permits and advance notices

Section 20.

Applications for building permit, demolition permits, site improvement permits, and advance notices are reviewed by the Building Committee.

Section 21.

An application for permit or advance notice must be made in writing and contain the blueprints, specifications, and other relevant information needed for the review.In addition, an application for permit must contain:

1.the developer’s proposal as to who should be in charge of the inspection in accordance with what has been determined by Chapter 10, Sections 9 and 10; and

2.the documents required for decisions regarding starting clearance in accordance with Chapter 10, if the application relates to extension of a building or other alterations of a one or two dwelling house.

Section 22.

If the application documents are incomplete, the Building Committee may serve the applicant with an injunction to rectify the shortcomings within a specified period. The injunction must contain an explanation that the application may be rejected or that the case could be resolved in its existing condition if the order is not followed.If the order is not followed, the Building Committee may reject the application or decide the case in its existing state.

Section 23.

If the Building Committee finds that a measure referred to with the application also requires a permit from or an application to any other government authority, the committee must inform the applicant of this.

Section 24.

If the application relates to a measure that must be reported to the municipality in accordance with regulations that have been announced in pursuance of provisions of Chapter 9, Section 6 of the Environmental Code, the Building Committee must inform the environmental committee of its case. The Building Committee and the environmental committee must coordinate handling of the cases so that:

1.the government authorities, organisations and individual parties are given the opportunity to give their opinions on both cases in one context; and

2.decisions in both the cases are announced in one context.

If there are particular reasons to do so, the committees may decide that no coordination in accordance with the first paragraph will occur. Before they make such a decision, they must give each other and the parties affected the opportunity to give their opinions.

Section 25.

The Building Committee must notify those referred to in Chapter 5, Section 11, first paragraph, items 2 and 3 and provide them with the opportunity to state their opinions on an application referring to a measure that:

1.involves a deviation from a detailed development plan or area regulations; or

2.is to be carried out in an area not covered by a detailed development plan, is not regulated in area regulations, or is not such a measure as is referred to in Section 31 a, item 1.

If a large number of people are to be notified, the committee may apply Chapter 5, Section 35, first paragraph, item 2.Notification in accordance with the first paragraph does not need to occur if it is apparent that a permit cannot be granted. Act (2015:668).

Section 26.

If it is not clearly unnecessary, a case concerning permits or advance notices may not be decided on without the applicant and real property unit owner being notified of any material submitted by others and being provided an opportunity comment.

Section 27.

The Building Committee must handle cases concerning permits and advance notices promptly and announce its decisions concerning permits or advance notices within ten weeks of the date that the completed application came in to the committee. If necessary owing to an investigation in the case, the period may be extended once by at most ten weeks beyond the original ten weeks. The applicant must be informed of the extension and the reason for it before the original deadline has expired.Provisions on an acknowledgement of receipt being sent to the applicant when a completed application has been submitted in, and on the content of such a certificate, can be found in Section 8 of the Internal Market Services Act (2009:1079).

Section 28.

If a case concerning permits or advance notices relates to a building or a land area covered by an application for an expropriation permit or by work begun to adopt, amend, or repeal a detailed development plan or area regulations, the Building Committee may decide that the case concerning permits or advance notices shall not be decided until the issue of the expropriation permit has been decided or the planning work has been concluded. If the municipality has not concluded the planning work within two years of the date that the application for permit or advance notice came in to the Building Committee, the case concerning permits or advance notices must, however, be decided on without delay.

Section 29.

If a building permit for a measure has previously been refused due to an expropriation permit having been issued and that the permit has ceased to be valid, a new application for a building permit for the measure may not be rejected due to a new expropriation permit before ten years have passed from the date when the first expropriation permit was issued.

Requirements for building permit

Section 30.

A building permit must be issued for a measure within an area with a detailed development plan, if:

1.the real property unit and the construction works to which the measure relates

a)correspond with the detailed development plan; or

b)deviate from the detailed development plan but the deviation was approved during an earlier examination of building permit in accordance with this Act or older provisions, or during a property formation in accordance with Chapter 3, Section 2, first paragraph, second sentence of the Real Property Formation Act (1970:988),

2.the measure does not conflict with the detailed development plan;

3.the measure must not wait for the implementation period of the detailed development plan to start running; and

4.the measure meets the requirements as determined by Chapter 2, Section 6, first paragraph, items 1 and 5; Section 6, third paragraph; and Sections 8 and 9; and Chapter 8, Section 1; Section 2, first paragraph; Sections 3, 6, 7, 9–11; Section 12, first paragraph; and Sections 13, 17, and 18.

If the measure is an alteration of a building of the type referred to in Section 2, first paragraph, item 3 b or 3 c, the building permit must be issued even if the real property unit or building does not meet the requirements of the first paragraph, item 1. Act (2014:900).

Section 30 a.

If, owing to the adopting of a detailed development plan in accordance with this Act or older provisions, the real property unit or the construction works to which the measure refers deviates from the plan, the Building Committee must explain in a decision on building permit that the deviation must be considered as such a deviation as is referred to in Section 30, first paragraph, item 1 b. An explanation of this kind may only refer to a minor deviation that is in conformity with the purpose of the detailed development plan. Act (2014:900).

Section 31.

A building permit must be issued for a measure outside an area with a detailed development plan, if the measure:

1.does not conflict with area regulations;

2.does not presuppose planning in accordance with Chapter 4, Section 2 or 3; and

3.meets the requirements as determined by Chapter 2 and Chapter 8, Section 1; Section 2, first paragraph; Sections 3, 6, 7, and 9–11; Section 12, first paragraph; and Sections 13, 17, and 18 in the parts that have not been reviewed in area regulations. Act (2014:900).

Section 31 a.

A building permit must be issued for a measure outside an area with a detailed development plan, if the measure:

1.involves only one building being altered in such a way as is referred to in Section 2, first paragraph, item 3 c, or a one or two dwelling house being supplemented with an accessory building or a minor extension;

2.does not conflict with such area regulations as are referred to in Chapter 4, Section 42, first paragraph, item 3 or 5 c; or

3.meets the requirements as determined by Chapter 2, Section 6, first paragraph, items 1 and 5; Section 6, third paragraph; and Sections 8 and 9; and Chapter 8, Section 1; Section 2, first paragraph; Sections 3, 6, 7, and 9–11; Section 12, first paragraph; and Sections 13, 17, and 18 in the parts that have not been reviewed in area regulations. Act (2014:900).

Section 31 b.

Despite Section 30, first paragraph, item 2; Section 31, item 1; and Section 31 a, item 2, a building permit may be issued for a measure that deviates from a detailed development plan or area regulations, if the deviation is consistent with the purpose of the detailed development plan or area regulations and:

1.the deviation is minor; or

2.the measure is of limited extent and necessary for the area to be used or developed in a suitable manner. Act (2014:900).

Section 31 c.

After the implementation period for the detailed development plan has expired, building permit beyond what has been determined by Section 31 b may be issued for a measure that deviates from the detailed development plan, if the measure:

1.is consistent with the purpose of the detailed development plan and satisfies an important joint need or public interest; or

2.involves such other use of land or water as constitutes a suitable supplement to the use determined in the detailed development plan. Act (2014:900).

Section 31 d.

If deviations were previously approved in accordance with Section 30, first paragraph, item 1; Section 31 b or 31 c; a joint assessment must be made of the deviating measures applied for and those that were previously approved. Act (2014:900).

Section 31 e.

A building permit in accordance with Section 31 b or 31 c is not issued if the measure can be assumed to result in:

1.significant environmental impact; or

2.restriction of rights or activities in progress in the surrounding areas. Act (2014:900).

Section 32.

For a measure on land that, in accordance with the detailed development plan, constitutes development districts for public purposes, a building permit may only be issued if the purpose is indicated in detail in the plan.

Section 32 a.

A building permit may be issued for a measure on land that, according to the detailed development plan, constitutes development districts for public purposes, even if the applicant is not a public body.If the public purpose is not indicated in detail in the plan, however, a building permit in accordance with the first paragraph may only be issued if the measure involves real property units and construction works to which the measure relates are used for the public purpose for which the real property unit and the construction works were last used, or for which they were adapted in accordance with the latest issued building permit without the intended use having been brought about.Despite the second paragraph, a building permit may be issued for a measure that involves a minor deviation from the latest or the intended use. A building permit, however, may not be issued if the measure can be assumed to result in:

1.significant environmental impact; or

2.restriction of rights or activities in progress in the surrounding areas. Act (2014:900).

Temporary building permits

Section 33.

For a measure that meets any or some, but not all, of the conditions in accordance with Sections 30–32 a, a temporary building permit may be issued, if the applicant so requests and the measure is intended to last for a limited time. A permit of this kind must be given if the measure has approved by the detailed development plan provisions on temporary use of buildings or land.A temporary building permit may be issued for at most ten years. The period may, on the request of the applicant, be extended for at most five years at a time. The total time may exceed fifteen years only if the permit is to be used for a purpose referred to in Section 9. Act (2014:900).

Prerequisites for demolition permits

Section 34.

A demolition permit must be issued for a measure that relates to a building or part of a building that:

1.is not covered by a demolition prohibition in a detailed development plan or area regulations; or

2.should not be preserved owing to the historical, cultural-historical, environmental or artistic value of the building or development.

Prerequisites for site improvement permits

Section 35.

A site improvement permit must be issued for a measure that:

1.does not conflict with a detailed development plan or area regulations;

2.does not prevent or obstruct the use of the area affected for development;

3.does not result in public health nuisances for the use of such civil engineering works as are indicated in Section 13, item 1;

4.does not result in disruptions or significant public health nuisances for the surrounding area; and

5.meets the requirements:

a)as determined by Chapter 2, Section 6, third paragraph, and Chapter 8, Sections 9–12, if the permit relates to a measure within an area with a detailed development plan; or

b)as determined by Chapter 2 and Chapter 8, Sections 9–12 in those parts not reviewed in area regulations, if the permit relates to a measure outside an area with a detailed development plan.

A site improvement permit may be issued for a measure that involves only a minor deviation from the detailed development plan or area regulations, if the deviation is consistent with the plan or regulations. Act (2011:335).

Conditional permits

Section 36.

If a decision to adopt, amend, or repeal a detailed development plan or area regulations has not become legally binding, a building permit, demolition permit, or site improvement permit for a measure intended to be taken within an area covered by the detailed development plan or area regulations may be issued with the condition that the planning decision becomes legally binding. In that case, the decision on permits must contain information that the measure may not be started before the planning decision has become legally binding.

Section 37.

In a decision on a building permit, the Building Committee may decide that the building work may not be started until the real property unit owner has paid compensation for streets or other public spaces, or has given security for the compensation.

Section 37 a.

If, in a detailed development plan, the municipality pursuant to Chapter 4, Section 14, has decided that permit may only be granted if a certain requirement is met, permit may be granted on the condition that the requirement instead must be filled in order that the starting clearance can be issued. Act (2014:900).

Section 38.

In a building permit or site improvement permit for a measure that has already been carried out, the Building Committee may determine the obligation to make the alterations needed to what has been carried out. In that case, the committee must indicate in its decision the period within which the alterations must be carried out.

Contents of the decision

Section 39.

An advance notice that involves a measure being approved must contain:

1.information that the advance notice is only valid if a building permit for the measure is applied for within two years after the decision on the advance notice has been issued;

2.information that the advance notice does not mean that the measure may be started; and

3.the conditions needed for the advance notice to be consistent with the requirements that apply to the future examination of building permit.

Section 40.

A building permit, demolition permit, or site improvement permit must indicate:

1.what period of validity the permit has;

2.whether there is anyone in charge of inspections, and if so who is in charge of inspections; and

3.that the permit does not entail the right to start the measure applied for until the Building Committee has issued the starting clearance in accordance with Chapter 10.

The permit must also contain the conditions and information as determined by Section 23, 36, 37 or 38, or are otherwise needed.If a building permit relates to a new construction or an expansion of a dwelling outside an area with a detailed development plan, it must also indicate (if it cannot be considered unnecessary with regard to the noise situation) the estimated values for environmental noise next to the façade of the dwelling and near an outdoor space, if such is to be set up adjacent to the building. Act (2014:902).

Dispatch and public notice

Section 41.

A decision on permit or advance notice must be served, along with information on what a person who wishes to appeal the decision must do, to:

1.the applicant and other parties, and

2.the persons indicated in Section 25 and who have submitted viewpoints in the case that have not been addressed.

If service is obviously unnecessary, the decision must instead be sent to those referred to in the first paragraph.Service on the applicant may not occur in accordance with any of the provisions in Sections 34–38 or 47–51 of the Service Act (2010:1932). Act (2015:668).

Section 41 a.

A decision to grant a permit or positive advance notice must be made known through an advert in Post- och Inrikes Tidningar. The primary content of the decision, and where the decision is being kept available, must be indicated in the message. Act (2015:668).

Section 41 b.

The message that is made known in accordance with Section 41 a must be sent at the latest on the day notification occurs to:

1.the owner or possessor of a specific right to a site or real property unit that adjoins the site or real property unit to which the permit or advance notice relates, or which is separated from this only by a road or street; or

2.other known affected parties, if the number is not so large that it would entail greater costs and inconvenience to send it to each and every one of them than is justifiable with regard to the purpose of the message.

The first paragraph does not apply to those who, in accordance with Section 41, are to be served with the decision to which the message relates. Act (2011:335).

Section 42.

If the decision of the Building Committee is covered by a decision in accordance with Chapter 11, Section 12 that the County Administrative Board must review the decision, the Building Committee must immediately send the decision to the County Administrative Board. Act (2011:335).

Period of validity for permits

Section 43.

If not otherwise stipulated by Section 9 or 33, a building permit, demolition permit, or site improvement permit will cease to be valid if the measure to which the permit refers has not been started within two years and concluded within five years of the date the decision entered into force.

Chapter 10.
The implementation of construction, demolition and site improvement measures

Section 1.

This chapter contains provisions on:

1.requirements to be allowed to start certain measures and put construction works to use;

2.the developer’s obligation to inspect the implementation and have an inspection plan;

3.the persons in charge of inspections and their tasks;

4.technical consultation and starting clearance before the measures are started;

5.staking out a planned building, extension, or civil engineering works;

6.Building Committee site visits; and

7.the final consultation and final clearance in connection with the measures being concluded.

Section 2.

If not otherwise specifically indicated in this Act or in regulations that have been announced in pursuance of provisions of this Act, a measure that relates to construction works, a site or a public space must be carried out so that the measure does not conflict with:

1.the permit issued for the measure; or

2.if the measure does not require a permit, the detailed development plan or area regulations that apply to the area.

Measures referred to in Chapter 9, Sections 4–4 c and 5 may, despite item 2 of the first paragraph, conflict with a detailed development plan or area regulations. Act (2014:477).

Starting clearance and final clearance

Section 3.

A measure may not be started before the Building Committee has issued a starting clearance, if the measure requires:

1.a building permit, a site improvement permit, or a demolition permit; or

2.a report in accordance with regulations announced in pursuance of provisions of Chapter 16, Section 8.

Section 4.

Construction works may not be put into use in the parts covered by a starting clearance for construction measures before the Building Committee has issued a final clearance, if the committee does not decide otherwise.

Responsibility of the developer for inspection of the implementation

Section 5.

The developer must ensure that each construction, demolition, and site measure that the developer carries out or commissions anyone else to carry out, are in accordance with the requirements that apply to the measure in accordance with this Act, or regulations or decisions that have been announced in pursuance of provisions of this Act. If a permit or report is required for the measure, the developer must ensure that it is inspected in accordance with the inspection plan that the Building Committee establishes in the starting clearance.

Inspection plan

Section 6.

The developer must ensure that there is a plan for the inspection of construction or demolition measures that are referred to in Section 3 (Inspection plan) with information on:

1.what inspections are to be done and what the inspections must relate to;

2.who is to conduct the inspections;

3.what reports will be made to the Building Committee;

4.what workplace visits the Building Committee should make and when the visits should occur;

5.what hazardous waste the demolition measures could give rise to; and

6.how hazardous waste and other waste is to be taken care of.

Section 7.

The inspection plan must be adapted to the circumstances in the individual case and must have the design and level of detail needed to ensure in an appropriate manner that:

1.all substantial requirements as referred to in Chapter 8, Section 4 are met;

2.the prohibition on distortion in accordance with Chapter 8, Section 13 is observed; and

3.the requirements for caution in accordance with Chapter 8, Sections 17 and 18 are met. Act (2011:335).

Section 8.

The inspection plan must indicate the extent to which the inspection is to be carried out:

1.as part of the developer’s documented self-inspection; or

2.by someone who has particular expert knowledge and experience with regard to such measures as the inspection relates to (specialist) and can prove their expertise with a certificate issued by a body accredited for this purpose in accordance with Regulation (EC) No. 765/2008 of the European Parliament and the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93, and Section 5 of the Accreditation and Conformity Assessment Act (2011:791), or by someone who meets the equivalent requirements according to the provisions in another country within the European Union or the European Economic Area. Act (2011:795).

Persons in charge of inspections

Section 9.

For the inspection referred to in Section 5, there must be one or more people in charge of inspections who:

1.have the knowledge, experience, and suitability needed for the task and can prove this with an affidavit of certification; and

2.have an independent position in relation to the person carrying out the measure that is to be inspected.

If there are several people in charge of inspections, the developer must ensure that one of them coordinates the tasks of those in charge of inspections.The certification referred to in the first paragraph, item 1, must be done by someone accredited for this purpose in accordance with Regulation (EC) No. 765/2008 of the European Parliament and the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93, and Section 5 of the Accreditation and Conformity Assessment Act (2011:791), or by someone who meets the equivalent requirements according to the provisions in another country within the European Union or the European Economic Area. The certification must be temporary and must relate to a given type of work. Act (2011:795).

Section 10.

Despite Section 9, no person in charge of inspections is required with regard to:

1.minor alterations of a one or two dwelling house if the Building Committee has not otherwise decided; or

2.other minor measures in accordance with regulations announced in pursuance of provisions of Chapter 16, Section 10.

Section 11.

A person in charge of inspections must:

1.assist the developer in drawing up proposals for the inspection plan required in accordance with Section 6 and, with regards to demolition measures, assist in the inventory of hazardous waste and other waste;

2.ensure that the inspection plan and applicable provisions and conditions for the measures are observed, and that necessary inspections are conducted;

3.in the event of deviations from regulations and conditions referred to in Section 2, inform the developer and notify the Building Committee if needed;

4.be present at technical consultations, examinations, and other inspections and during the Building Committee site visits;

5.document their construction site visits and note down observations that could be of value in connection with the evaluation prior to the final clearance;

6.make a statement to the developer and the Building Committee as a basis for the final clearance; and

7.notify the Building Committee if the person in charge of inspections leaves their assignment.

Section 12.

If a person in charge of inspections does not carry out his or her tasks in accordance with Section 11, the developer must immediately notify the Building Committee. If a person in charge of inspections has left his or her assignment, the developer must propose a new person to be in charge of inspections.

Section 13.

If a person in charge of inspections has left his or her assignment, the Building Committee must designate a new person to be in charge of inspections.

Technical consultations

Section 14.

With regard to such measures as are referred to in Section 3, the Building Committee must without delay, after a permit has been issued or a report has come in, summon to a meeting for technical consultation, if:

1.a person in charge of inspections is required in accordance with what has been determined by Sections 9 and 10;

2.a consultation of this kind is not clearly unnecessary; or

3.the developer has requested a consultation of this kind.

Technical consultations are not required for such measures as are referred to in Chapter 9, Sections 4 a–4 c or for moving the occasional single building, if the Building Committee has not decided otherwise. The Building Committee may decide that technical consultation is not needed for moving several simple buildings.A summons in accordance with the first paragraph must be in writing and sent to the developer and the person or persons in charge of inspections. The summons must also be sent to the others who, in accordance with this chapter, must be given the opportunity to participate in the consultation or who, in accordance with the assessment of the Building Committee, should be given the opportunity to participate. Act (2015:668).

Section 15.

If the consultation concerns construction measures that relate to premises for work or a staff room for employees who are to perform work for an employer, the Building Committee must give the government authority responsible for work environment issues (the Swedish Work Environment Authority) and an employee representative the opportunity to participate in the consultation. If needed, the committee must in other cases also provide the Swedish Work Environment Authority the opportunity to participate in the consultation.If the consultation concerns construction measures relating to temporary staff dwellings for a total of at least ten residents, the Building Committee must give an employee representative the opportunity to participate in the consultation.In applying this paragraph, whatever applies with regard to employees must also apply to others who, in accordance with the Work Environment Act (1977:1160) are to be placed on an equal footing with employees.

Section 16.

If the consultation relates to a measure for which completion protection is required in accordance with the Completion Protection Act (2014:227), the Building Committee must give the person responsible for the protection the opportunity to participate in the consultation. Act (2014:228).

Section 17.

If the consultation relates to an existing building that contains an underground shelter, the Building Committee must give the government agency referred to in Chapter 3, Section 1 of the Underground Shelter Act (2006:545) the opportunity to state their opinion.

Section 18.

At the latest during the technical consultation, the developer must submit to the Building Committee:

1.a proposal for an inspection plan as is required in accordance with Section 6, and

2.the technical documents that, apart from the application documents in accordance with Chapter 9, Section 21, are required for the Building Committee to be able to review the issue of a starting clearance.

The first paragraph, item 1 does not apply to demolition measures if the Building Committee has decided in the individual case that no inspection plan is needed.

Section 19.

During the technical consultation, the participants must go through:

1.the planning and organisation of the work;

2.the developer’s proposal for an inspection plan and the other documents the developer has handed in;

3.how the presence of possibly hazardous waste has been inventoried, if the consultation relates to a demolition measure;

4.the need for the Building Committee to conduct workplace visits or for other supervisory measures;

5.the need for completion protection;

6.the need for staking out;

7.the Building Committee’s need for additional documents prior to decisions on an inspection plan or starting clearance; and

8.the need for additional committee meetings.Act (2014:228).

Section 20.

If the Building Committee finds that the measures to which the technical consultation relates requires permit from or reporting to any other government agency, the committee must inform the developer of this during the consultation.

Section 21.

The Building Committee must keep minutes of the technical consultation.

The process when no technical consultation is needed

Section 22.

If, in accordance with Section 14, no technical consultation is needed, the Building Committee – in its decision on a permit or as soon as possible thereafter, or after a report has come in, must:

1.provide a starting clearance; or

2.order the developer to hand in the additional documents needed for the committee’s review with regard to a starting clearance.

If the Building Committee finds that the measures to which the permit or report relates require permit from any other government agency, the committee must inform the developer of this.

Building Committee starting clearance

Section 23.

The Building Committee, with a starting clearance, must approve allowing a measure as referred to in Section 3 to begin, if:

1.the measure can be assumed to meet the requirements that apply in accordance with this Act, or regulations that have been announced in pursuance of provisions of this Act;

2.an affidavit that there is completion protection as referred to in Section 16 has been shown to the committee, if such protection is required;

3.an affidavit of a statement on an underground shelter has been shown to the committee, if such a statement is required in accordance with Chapter 3, Section 4 of the Underground Shelter Act (2006:545);

4.an account of alternate energy supply systems has been shown to the committee, if such a report is required in accordance with Section 23 of the Energy Certificates for Buildings Act (2006:985); and

5.the conditions set up in accordance with Chapter 4, Section 14 or Chapter 9, Section 37 a have been met.

In connection with a report relating to measures in accordance with Chapter 9, Sections 4 a–4 c, the assessment of the Building Committee, in accordance with the first paragraph, must only cover what is indicated in the first paragraph, item 1. Act (2015:668).

Section 24.

In the starting clearance, the Building Committee must:

1.establish the inspection plan that will apply to the measures according to the developer’s proposal and according to what came out in the technical consultation or otherwise in the handling of the case, with information on what person or persons are experts or are in charge of inspections;

2.determine conditions for being allowed to begin the measures, if such conditions are needed;

3.determine the conditions and approximate point in time for staking out, if such is needed;

4.determine what documents are to be submitted to the committee prior to the decision on a final clearance; and

5.provide information on requirements according to other legislation, to the extent that such information is needed.

Section 25.

A starting clearance for measures for which a permit is required ceases to be valid on the day the decision about a permit ceases to be valid.A starting clearance for measures for which notifications are required ceases to be valid two years after the starting clearance was issued. If the work has then been started but not concluded and a new technical consultation is needed, the Building Committee must call a new committee meeting for technical consultation. If the conditions for a final consultation in accordance with Section 30 exist, the Building Committee may instead call a final consultation.The provisions on final consultations laid down in the second paragraph also apply when the starting clearance in accordance with the first paragraph ceases to be valid.

Staking out

Section 26.

When the Building Committee has issued a starting clearance in accordance with Section 23, the Building Committee must, in a speedy fashion and within the period indicated in the clearance, stake out the building, extension, or civil engineering works and mark out its height, if needed with regard to the conditions at the location and the circumstances in general.If the building or civil engineering works is located so it is directly dependent on the boundary with a neighbour’s real property unit, the neighbour must be called in to the staking out.

Workplace visits

Section 27.

After a starting clearance in accordance with Section 23, the Building Committee must visit the location where the measures are being carried out at least once during the course of the work, if:

1.the starting clearance was preceded by a technical consultation; and

2.a workplace visit cannot be considered unnecessary.

A workplace visit must always be conducted if the starting clearance related to a large or complicated construction project, or if the Building Committee and the developer agree on a workplace visit during the technical consultation.

Section 28.

The Building Committee must keep minutes of the workplace visit. The minutes must be sent to the developer and the person in charge of inspections.

Supplementary conditions

Section 29.

The Building Committee may decide on supplementary conditions for construction or demolition measures or for the inspections, if:

1.such conditions are needed to meet the requirements in accordance with this Act, or regulations that were announced in pursuance of provisions of this Act; and

2.the need for conditions could not be foreseen when the starting clearance was issued.

Final consultation

Section 30.

In connection with the construction measures covered by a technical consultation being concluded, the Building Committee must call a final consultation meeting if it is not obviously unnecessary.

Section 31.

A summons in accordance with Section 30 must be in writing and sent to:

1.the developer;

2.the person or persons in charge of inspections; and

3.others who, according to the Building Committee, should be given the opportunity to participate.

Section 32.

The final consultation will normally be held at the location where the construction measures were carried out. The following must be gone through during the final consultation:

1.how the inspection plan, other conditions in the starting clearance, and supplementary conditions were followed;

2.deviations from the requirements that apply to the measures;

3.the formal report from the person in charge of inspections, in accordance with Section 11, item 6;

4.the documentation from the person in charge of inspections and the Building Committee on visits to the construction works site and other documentation of the performance of the work;

5.the need for other measures; and

6.the conditions for a final clearance.

Section 33.

The Building Committee must keep minutes of the final consultation.

Building Committee final clearance

Section 34.

The Building Committee, with a final clearance, must approve that one or more measures as referred to in Section 3 be considered concluded and, with regard to construction measures, that the construction works may be put into use, if:

1.the developer has shown that all requirements that apply to the measures according to the permission, the inspection plan, the starting clearance or decisions on supplementary decisions have been met; and

2.the Board has found no reason to intervene in accordance with Chapter 11.

Section 35.

Despite Section 34, item 1, a final clearance may be issued if there are deficiencies in the fulfilment that are negligible.The Building Committee, in its final clearance, must make the necessary observations owing to the deficiencies.

Section 36.

If a final clearance cannot be issued due to a deficiency that is not negligible that needs to be rectified, or due to an inspection that needs to be made at a later stage, the Building Committee may issue a final clearance that is dependent on the deficiency being rectified or the inspection being conducted (provisional final clearance). A provisional final clearance may refer to stages in a project.If needed, the committee in its provisional final clearance must indicate what applies with regard to the opportunities for putting a construction works into use.When the deficiency has been rectified or the inspection has been conducted, the committee can make a finally review of the issue of a final clearance in accordance with Section 34. Act (2014:900).

Section 37.

The Building Committee must review the issue of a final clearance as soon as the committee has received or obtained the documentation needed for the review. The handling must occur in a speedy fashion.If the committee finds reason for an intervention in accordance with Chapter 11, the committee must also handle this issue in a speedy fashion.

Chapter 11.
Supervision, access, intervention and sanctions

Section 1.

This chapter contains provisions on:

1.supervision in general, the opportunity to be given an intervention notice, and the obligation to provide access and submit information for supervision;

2.supervision of municipal decisions and regional planning decisions;

3.injunctions needed for rules, judgments, and decisions to be followed;

4.implementation at the expense of the negligent party and prohibition against continued work or use of construction works;

5.intervention against inspectors and people in charge of inspections;

6.injunctions and prohibitions being combined with fines or being implemented immediately;

7.official assistance;

8.recording of injunctions and prohibitions in the property register and the effects of the injunctions and prohibitions in connection with change of ownership;

9.construction sanction fees;

10.transfer of real estate after a violation;

11.professional secrecy; and

12.fees in connection with supervision.Act (2013:306).

General provisions on supervision

Section 2.

Supervision of observance of this Act and EU regulations on issues within the areas of application of the Act and regulations, judgments and other decisions that have been announced in pursuance of provisions of this Act or an EU regulation of this kind is exercised in accordance with this chapter and regulations that have been announced in pursuance of provisions of Chapter 16.

Section 3.

Supervision must be exercised by the government, the County Administrative Board or other State authorities that the government decides upon and by the Building Committee (the supervisory authorities).The supervisory authorities must cooperate with one another and with such State and municipal bodies as perform tasks of importance for supervisory operations.

Section 4.

A municipality may sign agreements with another municipality that supervisory tasks that the Building Committee has in accordance with this chapter will be handled in whole or in part by the building committee in the latter municipality. The authority to announce decisions in a supervisory case may not, however, be transferred.

Section 5.

A supervisory authority must review the conditions for and the need for intervening or deciding on a sanction in accordance with this chapter, as soon as there is reason to believe that someone has not followed a provision in this Act, in regulations, judgments or other decisions announced in pursuance of provisions of this Act or in EU regulations concerning issues within the area of application of this Act.

Section 6.

What applies to construction works in this chapter must also apply in issues concerning outdoor signs and light source facilities.

Intervention notice

Section 7.

If anyone requests it, the Building Committee must account in a written intervention notice if, with regard to a given construction works, any measure has been taken that according to the committee’s assessment justifies an intervention in accordance with this chapter.

Access and information

Section 8.

In order to perform its tasks in accordance with this Act:

1.the Building Committee and County Administrative Board, as well as anyone performing work on commission from the committee or the County Administrative Board, has the right to be given access to real property units and construction works as well as to take the measures needed there in order to perform the work;

2.a supervisory authority has the right to be given, on the request, the information and documents from the developer that are needed for supervision of construction, demolition, and site improvement measures; and

3.a supervisory authority has the right, at the manufacturer of, or at the authorised representative of the manufacturer of, or at the importer or distributor of construction products covered by supervision:

a)to be given access to the products for inspection;

b)to be given, on the request, the information and documentation needed; and

c)to be given access to areas, non-residential premises, and other spaces, although not residences.

The rights of the supervisory authority in accordance with the first paragraph, item 3 also apples to those who install lifts.In order to carry out its survey work, an authority that produces maps for societal needs also has such right of access as is indicated in the first paragraph, item 1, although not to dwellings.If needed so that the supervisory authority can acquaint itself with the contents of a foreign certificate, affidavit, or other document, the document must be shown in translation to Swedish on the authority’s request. The translation does not need to be authorised. Act (2016:140).

Section 8 a.

A supervisory authority that shall supervise and evaluate technical assessment bodies in accordance with Article 29.3 of Regulation (EU) No. 305/2011 has the right, at the assessment body, to:

1.on the request, be given the information and documentation needed; and

2.be given access to non-residential premises.Act (2013:306).

Section 8 b.

The manufacturer of, or the authorised representative of the manufacturer of, or the importer or distributor of construction products shall, after a decision from the supervisory authority, compensate the authority for costs in connection with sampling and examination of samples, if a product during supervision in accordance with Section 2 is found not to meet applicable requirements. Act (2013:306).

Section 8 c.

The manufacturer of, or the authorised representative of the manufacturer of, and the importer or distributor of construction products shall be given compensation from the supervisory authority for products that are to be inspected in accordance with Section 8, first paragraph, item 3, if there are special reasons to do so. Act (2013:306).

Section 9.

The police authority shall provide the assistance needed for access in accordance with Section 8. Act (2014:769).

Supervision of municipal decisions

Section 10.

When the County Administrative Board, in accordance with Chapter 5, Section 29, 38, or 39, has received notification that a municipality has decided to adopt, amend, or repeal a detailed development plan or area regulations, the County Administrative Board must decide within three weeks whether or not it will re-examine the municipality’s decision.The County Administrative Board must re-examine the municipality’s decision if the decision can be assumed to mean that:

1.a national interest in accordance with Chapter 3 or 4 of the Environmental Code is not satisfied;

2.the regulation of such issues concerning the use of land and water areas as affect several municipalities is not coordinated in an appropriate manner;

3.an environmental quality standard in accordance with Chapter 5 of the Environmental Code is not followed;

4.shoreland protection in accordance with Chapter 7 of the Environmental Code is repealed contrary to provisions; or

5.a development will be unsuitable with regard to people’s health or safety, or to the risk for accidents, flooding, or erosion.

Section 11.

The County Administrative Board must repeal the municipality’s decision to adopt, amend, or repeal a detailed development plan or area regulations in their entirety, if the decision has such import as is indicated in Section 10, second paragraph. If the municipality allows it, the decision may be repealed to a certain extent.

Section 12.

For a given geographic area, if there is particular reason to do so, the government or the County Administrative Board may decide that what applies in accordance with Section 10 or 11 to the County Administrative Board’s review of the municipality’s decision shall also apply with regard to the Building Committee’s decision on a permit or advance notice in accordance with Chapter 9.If the County Administrative Board decides to re-examine a permit or advance notice, the County Administrative Board may decide that the permit or advance notice will not be valid until the inquiry has been concluded.

Supervision of regional planning decisions

Section 13.

When the government, in accordance with Chapter 7, Section 9 has received notification of a decision to adopt, amend, or repeal a regional plan, the government must decide within three months whether or not it will re-examine the regional planning.The government may re-examine a regional planning decision only if the decision can be assumed to mean that a national interest in accordance with Chapter 3 or 4 of the Environmental Code is not satisfied.

Section 14.

The government may repeal a decision to adopt, amend, or repeal a regional plan in its entirety or to a certain extent, if the decision means that a national interest in accordance with Chapter 3 or 4 of the Environmental Code is not satisfied.

Planning injunctions

Section 15.

The government may order a municipality within a certain period of time to adopt, amend, or repeal a detailed development plan or area regulations (planning injunction) if it is needed in order to satisfy such interests as are indicated in Section 10, second paragraph, item 1 or 2.

Section 16.

If the municipality does not observe a planning injunction, the government may:

1.decide that the County Administrative Board must, at the municipality’s expense, produce the proposal and otherwise carry out the work that is needed according to Chapter 5 in order for the detailed development plan or area regulations to be adopted, amended, or repealed; and

2.adopt, amend, or repeal the detailed development plan or area regulations.

Permit injunctions

Section 17.

If a measure requiring a building permit, demolition permit, or site improvement permit has been taken without a permit, the Building Committee, in an injunction, must provide the owner of the real property unit or the construction works the opportunity to apply within a certain period of time for a permit, if it is likely that a permit can be issued for the measure (permit injunction).

Injunctions on maintenance investigation

Section 18.

If maintenance of a construction works is deficient, the Building Committee may commission a specialist to investigate the need for maintenance measures. Before the committee decides on such a commission, it must in an injunction provide the owner of the construction works with the opportunity, within a certain period of time, to give their opinion on the commission and on the question of who will pay the costs for the commission.The specialist must be certified in accordance with Chapter 10, Section 8, item 2.

Action injunctions

Section 19.

If a developer, owner, possessor of the right of usufruct, person in charge of road maintenance, person in charge of inspections, specialist, or person responsible for a public space refrains from taking a measure, thereby violating an obligation in accordance with this Act, or regulations or decisions announced pursuant to this Act, the Building Committee may order them to take the measure within a certain period of time (action injunction).

Correction injunctions

Section 20.

If, on a real property unit or with regard to a construction works, a measure has been taken in conflict with this Act, or regulations or decisions announced in pursuance of provisions of this Act, the Building Committee may order the person who owns the real property unit or construction works to make a correction within a certain period of time (correction injunction).The Building Committee may not decide on an injunction if more than ten years have passed since the violation.The ten-year limit indicated in the second paragraph does not apply if the violation is that someone has unlawfully used or provided a residential apartment for a purpose substantially different from dwelling purposes. Act (2011:335).

Demolition injunctions

Section 21.

If a construction works is in disrepair or damaged to a substantial extent and is not repaired within a reasonable time, the Building Committee may order the owner to demolish the construction works within a certain period of time (demolition injunction).

Injunctions for increased traffic safety

Section 22.

If a construction works within an area with a detailed development plan entails a major nuisance as regards traffic safety owing to conditions having changed, the Building Committee may order the owner to remove the construction works or to take some other measure that rectifies or reduces the nuisance.If the construction works is a building, an injunction to remove or move the building may be announced only if the building can be moved without difficulty or has insignificant value.

Section 23.

The Building Committee may order the owner of a real property unit or a building within an area with a detailed development plan to set up a fence or alter the exit drive or other exits to streets or roads, if such is needed with regard to traffic safety.

Injunctions on fencing around industrial facilities not being used

Section 24.

If a construction works for industrial purposes is no longer being used, the Building Committee may order the owner to set up fencing around it, if it is needed for preventing accidents.

Product injunctions

Section 25.

The supervisory authority may decide, in the individual case, on the injunction or prohibition needed from the point of view of protection in order for The provisions on construction products in Chapter 8, Section 20, second paragraph to be observed. Act (2013:306).

Section 26.

If a construction product covered by Regulation (EU) No. 305/2011 does not meet the requirements established in the regulation, or if the supervisory authority has sufficient reason to believe that the product does not meet the requirements of the regulations, the authority may take the measures determined by Articles 56–59.If a construction product does not meet the requirements as determined by regulations announced in pursuance of provisions of Chapter 16, Section 6, point 2, the supervisory authority may take the measures as determined by Articles 19–21 of Regulation (EC) No. 765/2008.The supervisory authority may decide, in the individual case, on the injunction needed so that the requirements for construction products as referred to in the first and second paragraphs are met. Act (2013:306).

Implementation at the injunction recipient’s expense

Section 27.

If an injunction in accordance with Section 17 is not followed, the Building Committee may decide, at the owner’s expense, to give injunctions to draw up the blueprints and specifications, and to take other measures that are necessary to examine the issue of a permit.When the period for submitting opinions indicated in an injunction in accordance with Section 18 has expired, the Building Committee may commission a specialist to investigate the need for maintenance measures at the owner’s expense.If an injunction in accordance with Section 19, 20, 21, 22, 23, or 24 is not followed, the Building Committee may decide that the measure is to be carried out at the expense of the negligent parties and how it is to occur.

Section 28.

The Building Committee may decide on implementation in accordance with Section 27 only if the injunction contained information on this.The committee must ensure that the implementation does not give rise to unreasonable costs.

Section 29.

The Swedish Enforcement Authority must provide the help needed in order to carry out a measure as indicated in Section 27, third paragraph.

Prohibition against continued work or measure

Section 30.

If it is obvious that construction, demolition, or site improvement work, or other measure endangers the stability of a building or involves danger to the lives or health of people, the Building Committee must prohibit the work or measure from continuing.

Section 31.

If it is obvious that construction, demolition, or site improvement work, or other measure conflicts with this Act, or a regulation or a decision announced in pursuance of provisions of this Act, the Building Committee may prohibit the work or measure from continuing.

Section 32.

If the developer, with regard to construction works, demolition work, or site improvement work or other measure does not follow some essential part of the inspection plan, the Building Committee may prohibit the work from continuing until the deficiencies have been rectified.

Section 32 a.

The Building Committee may, in connection with an injunction in accordance with Section 20, prohibit the unlawful measure from being performed again, if it requires a building permit. Act (2014:900).

Prohibition against the use of construction works

Section 33.

The Building Committee may prohibit the person who owns or has right of usufruct to a construction works from using all or part of the construction works, if:

1.the construction works has deficiencies that could jeopardize the safety of people who reside in or in the vicinity of the construction works; or

2.there are no conditions for issuing a final clearance in accordance with Chapter 10, Section 34 or 35.

If a construction works or part of a construction works has been put into use with the support of an interim final clearance, the Building Committee may take a decision on prohibition in accordance with item 2 of the first paragraph only if there are particular reasons for doing so. Act (2014:900).

Exchange of and intervention against a performance inspector or person in charge of inspections

Section 34.

If the Building Committee finds that a performance inspector as referred to in Chapter 8, Section 25 has neglected his or her obligations, the committee may decide that another performance inspector is to be appointed.The committee shall report its decision to the body that certified the performance inspector.

Section 35.

If the Building Committee finds that a person in charge of inspections as referred to in Chapter 10, Section 9 has neglected their obligations in accordance with Chapter 10, Section 11, the committee must:

1.dismiss the person in charge of inspections from his or her assignment and notify the body that certified the person in charge of inspections of the decision; and

2.after proposals from the developer, decide on a new person in charge of inspections.

Section 36.

If a person in charge of inspections has proven to be unsuitable for the task, the body that has certified the person in charge of inspections may revoke his or her certification.

Contingent fines

Section 37.

An injunction in accordance with Section 19, 20, 21, 22, 23, 24, 25, or 26, or a decision on prohibition in accordance with Section 25, 30, 31, 32, 32 a or 33 may be combined with a contingent fine.The contingent fine may not be converted into imprisonment.Issues concerning the imposition of contingent fines are reviewed by the Land and Environment Court. Act (2014:900).

Immediate implementation

Section 38.

In an injunction in accordance with Section 19, 20, 21, 22, 23, or 24, or a decision in accordance with Section 27, third paragraph, the Building Committee may determine that the measure to which the injunction or decision related must be implemented immediately despite the injunction or decision not having entered into force.Decisions on prohibitions in accordance with Section 25, 30, 31, 32, 32 a, or 33 are valid immediately, if not otherwise decided. Act (2014:900).

Official assistance

Section 39.

The Swedish Enforcement Authority may, after application by the supervisory authority, decide on official assistance in order to carry out a measure:

1.as referred to in Section 8; or

2.as referred to with an injunction in accordance with Section 19, 20, 21, 22, 23, 24, or 25 and not more than ten years have passed from the violation to which the injunction relates.

The ten-year limit indicated in the first paragraph, item 2 does not apply if the violation is that someone has unlawfully used or provided a residential apartment for a substantially different purpose than for dwelling purposes.Provisions on official assistance can be found in the Payment Injunction and Official Assistance Act (1990:746). Act (2011:335).

Entries in the registration section of the Real Estate Register, etc.

Section 40.

The government authority that decides on an injunction in accordance with Section 19, 20, 21, 22, or 23, or a prohibition in accordance with Section 33, must immediately send its decision to the registration authority.

Section 41.

When a decision referred to in Section 40 has come in to the registration authority, the authority must immediately make an entry about it in the registration section of the Real Estate Register. If the injunction or prohibition has been combined with a periodic fine in accordance with Section 4 or the Default Fines Act (1985:206), the authority must also make an entry about this.The registration authority must immediately, in a registered letter, notify the person who last applied for legal confirmation or registration of the acquisition of site leasehold about the entry, if the injunction or the prohibition is not directed at that person. Act (2011:335).

Section 42.

If the Building Committee revokes an injunction or a prohibition referred to in Section 40, the committee must immediately report the revocation to the registration authority.

Section 43.

As soon as the Building Committee has been informed that an injunction or a prohibition referred to in Section 40 has been repealed through a decision coming into force, or has ceased to be valid for another reason, the committee must report this to the registration authority.

Section 44.

As soon as the Building Committee has been informed that an injunction referred to in Section 40 has been followed, the committee must report this to the registration authority.

Section 45.

When a report in accordance with Section 42, 43, or 44 referring to an entry made in accordance with Section 41 has come in to the registration authority, the authority must delete the entry.

Effect of an injunction or prohibition in connection with change of owner

Section 46.

If an injunction in accordance with Section 19, 20, 21, 22, or 23, or a prohibition in accordance with Section 33, has been directed at the owner of the real property unit and the real property unit thereafter changes owners, the injunction or prohibition applies instead to the new owner.

Section 47.

If an injunction or prohibition in a case referred to in Section 46 has been combined with a periodic fine in accordance with Section 4 of the Default Fines Act (1985:206) and the change of owner has occurred through purchase, exchange, or gift, the fine applies to the new owner, calculated as of the first period of time that begins after the transition of ownership rights, provided that the entry of the fine was made prior to the conveyance in accordance with Section 41.

Section 48.

Fines other than such periodic penalty payments as referred to in Section 47 do not apply to the new owner in connection with a change of owner as referred to in Section 46. The Building Committee may instead decide on a special fine against the new owner.

Section 49.

What applies in accordance with Sections 46 and 48 with regard to a switch of owner of a real property unit must also be applied to a switch of owners of a building on land belonging to someone else.

Section 50.

In cases of injunctions or prohibitions as referred to in Section 46, the provisions of the Code of Judicial Procedure (1942:740) on the effect of the subject of dispute being transferred and on third-party participation in the judicial procedure shall apply.

Construction sanction fees

Section 51.

If someone violates a provision in Chapter 8–10, or in regulations or decisions announced in pursuance of any of the provisions in Chapter 16, Sections 2–10, or in an EU regulation about requirements for construction works or construction products, the supervisory authority must charge a special fee (construction sanction fee) in accordance with regulations announced in pursuance of provisions of Chapter 16, Section 12.

Section 52.

The size of the construction sanction fee must be indicated by the regulations the government announced in pursuance of provisions of Chapter 16, Section 12. The fees must total at most 50 times the price base amount in accordance with Chapter 2, Section 6 and 7 of the Social Insurance Code (2010:110). When the government announces regulations on the size of the fee, consideration must be given to the seriousness of the violation and the significance of the provision to which the violation relates. Act (2013:307).

Section 53.

A construction sanction fee must be charged even if the violation did not occur intentionally or through carelessness.The fee should not be charged, however, if it is unreasonable considering that:

1.owing to sickness, the person obligated to pay the fee has been unable to fulfil his or her obligations independently or through someone else;

2.the violation was due to a circumstance that the person obligated to pay the fee could not or should not have foreseen, or could not affect; or

3.what the person obligated to pay the fee has done in order to avoid a violation occurring.

Section 53 a.

A construction sanction fee may, in an individual case, be reduced if the fee does not stand in reasonable proportion to the violation committed. The fee may be lowered to half or one quarter.In connection with a review in accordance with the first paragraph, particular attention should be paid to whether the violation did not occur deliberately or through carelessness, or whether the violation for other reasons can be considered as being of a less serious type. Act (2013:307).

Section 54.

A construction sanction fee must not be charged if correction occurs before the issue of sanction or intervention in accordance with this chapter is taken up for discussion during a meeting with the supervisory authority.

Section 55.

A construction sanction fee must not be charged if the violation has resulted in a fine being imposed.

Section 56.

A construction sanction fee must not be charged if the violation relates to demolition of a building, and the demolition:

1.was done with the support of another Act or statute;

2.was necessary to remove a risk to people’s lives or health, or in order to avert or limit extensive damage to other real estate; or

3.was done owing to the building being damaged to a significant extent as a consequence of a fire or any other similar event.

Section 57.

A construction sanction fee must be charged to:

1.the person who, when the violation was committed, was the owner of the real property unit or the construction works to which the violation relates;

2.the person who committed the violation; or

3.the person who gained advantage from the violation.

Section 58.

Before the supervisory authority decides to charge a construction sanction fee, the person against whom the claim is directed must be given the opportunity to state his or her opinion.A construction sanction fee may not be decided on if the person against whom the claim is directed has not been given the opportunity to state his or her opinion within five years of the violation.

Section 59.

A decision to charge a construction sanction fee must be served to the person obligated to pay the fee.

Section 60.

If two or more are obligated to pay a fee for the same violation, they are jointly and severally liable for payment.

Section 61.

A construction sanction fee must be paid within two months of the decision to charge the fee being served to the person obligated to pay the fee in accordance with Section 59. This does not apply, however, if in its decision the supervisory authority has determined a later payment date.After the final payment date, a decision on a construction sanction fee may be enforced as a judgment that has come into force.If a decision on a construction sanction fee has not been enforced within ten years after the decision becomes legally binding, the fee does not need to be paid.

Section 62.

The construction sanction fee must go to the municipality when it is the Building Committee that decided to charge the fee; otherwise, it must go to the State.

Section 63.

If an obligation to pay a construction sanction fee has been repealed through a decision that has come into force, the supervisory authority must repay the fee, including interest, in accordance with Section 5 of the Interest Act (1975:635) for the period from the day the fee was paid up through the day repayment occurs.

Transfer of real estate after a violation

Section 64.

The provisions on the right to a deduction on purchase sum or cancellation of purchase in Chapter 4, Section 12 of the Land Code (1970:994) must be applied when real estate is transferred against compensation after a violation as referred to in Section 51, but before correction has occurred, unless in connection with the transfer the transferor disclosed the violation or the transferee otherwise knew or should have known about the violation.

Professional secrecy

Section 65.

The person who, in a case dealing with supervision in accordance with this Act or EU regulations on issues within the area of application of this Act, as well as regulations, judgments and other decisions announced in pursuance of provisions of this Act or such EU regulations, has received information about someone’s conditions of business or operations, or conditions of importance for the country’s defence, may not reveal or utilize this information without authorisation.In public activities, the Public Access to Information and Secrecy Act (2009:400) shall apply instead.

Fees in connection with supervision

Section 66.

The government authority that will supervise and evaluate technical assessment bodies in accordance with Article 29.3 of Regulation (EU) No. 305/2011 has the right to charge fees to cover the costs of supervision and evaluation. Act (2013:306).

Chapter 12.
The Building Committee

Section 1.

There must be a Building Committee in every municipality.

Section 2.

Beyond the tasks the Building Committee has in accordance with other provisions of this Act, the committee must:

1.encourage a good culture in the built environment and a good, aesthetically pleasing urban environment and landscape;

2.actively follow the general development in the municipality and its immediate environment, as well as take any initiatives required in matters concerning planning, construction, and real property unit formation;

3.co-operate with the government authorities, organisations, and individuals whose work and interests concern the activities of the committee; and

4.provide advice and information on issues concerning the activities of the committee.

Section 3.

If anyone requests it, the Building Committee must provide written information on planning, construction, and real estate formation.

Section 4.

If a map is needed for the review of an issue regarding a building permit in an area with continuous development (new construction map) and the applicant so requests, the Building Committee must provide such a map.

Section 5.

The provisions in the Local Government Act (SFS 1991:900) concerning committees must apply to the Building Committee.

Section 6.

A delegate function in accordance with Chapter 6, Section 33 of the Local Government Act (SFS 1991:900) may not, beyond what has been determined by Chapter 6, Section 34 of the Local Government Act, include the authority to:

1.determine cases that are of great importance or have fundamental significance;

2.in cases other than those referred to in Chapter 11, Sections 30–32 and Section 33, item 1 decide on injunctions or prohibitions that are combined with fines;

3.decide on injunctions that are combined with information that the measure to which the injunction refers could be carried out through the agency of the Building Committee at the expense of the person against whom the injunction is directed; or

4.settle issues on construction sanction fees in accordance with Chapter 11.

Section 7.

The Building Committee must have at least one person with training as an architect for assistance and otherwise have access to staff to the extent and with the particular skills needed for the committee to carry out its tasks in a satisfactory way.

Section 8.

The Building Committee may charge fees for:

1.decisions on planning approvals, advance notices, conditional approvals, starting clearances, final clearances, and intervention statements;

2.decisions about permits;

3.technical consultations and final consultations;

4.workplace visits and other supervisory visits at the construction works site;

5.drawing up new construction maps;

6.preparation of archive quality documents;

7.dispatch and notification in accordance with Chapter 9, Sections 41–41 b; and

8.other time- and cost-intensive measures. Act (2011:335).

Section 9.

The Building Committee may charge a planning fee to cover programme costs and costs of other measures needed to draw up or amend detailed development plans or area regulations, if:

1.the committee issues a building permit for new construction or alteration of a building; and

2.the plan or area regulations are of use to the real property unit to which the building permit relates.

What applies in the first paragraph with regard to a building shall also apply to a civil engineering works that requires a building permit in accordance with the regulations announced pursuant to Chapter 16, Section 7.

Section 10.

A fee in accordance with Section 8 or 9 may not exceed the municipality’s average cost for the type of statement, decision, or handling to which the fee relates.The basis calculation of the fees are shall be indicated in a tariff adopted by the municipal council.

Section 11.

A fee in accordance with Section 8 or 9 must be paid by the person who is the applicant or who made the report in the case to which the statement, decision, or processing relates. The fee may be charged in advance.

Chapter 13.
Appeals

Appeals of municipal decisions

Section 1.

The following decisions in accordance with this Act may be appealed in the order that applies for a legality review in accordance with Chapter 10 of the Local Government Act (1991:900):

1.a municipal council’s decisions on a comprehensive plan;

2.a municipal council’s decisions on instructions for the Building Committee to adopt, amend, or repeal detailed development plans or area regulations;

3.a municipal council’s decisions on instructions for the Building Committee to take decisions on the obligation of real property unit owners to pay the costs of streets and other public spaces, or to take decisions on the conditions for such payments;

4.a municipal council’s or the Building Committee’s decision not to adopt, amend, or repeal a detailed development plan or area regulations;

5.a municipal council’s or the Building Committee’s decisions on the basis for the obligation to pay costs for streets and other public spaces, and on general conditions for such payment;

6.a municipal council’s decisions on a table of rates in cases with the Building Committee;

7.the decisions of the governing body of a municipal association or a regional planning association on a regional plan; and

8.the municipality’s decision on guidelines for development contracts.Act (2014:900).

Section 2.

Municipal decisions in accordance with this Act may not be appealed to the extent they relate to:

1.the suspension of planning work;

2.planning approvals in accordance with Chapter 5, Section 2;

3.issues concerning street costs other than those referred to in Chapter 1, Section 5;

4.conditional approvals in accordance with Chapter 9, Section 19;

5.extended processing time in accordance with Chapter 9, Section 27;

6.the need for a person in charge of inspections, particular specialists, technical consultations or final consultations;

7.intervention statements in accordance with Chapter 11, Section 7; or

8.an issue that has already been settled through a detailed development plan, area regulations, or a tentative approval.

Chapter 15, Section 10 indicates that disputes concerning street costs are reviewed by the Land and Environment Court.

Section 2 a.

Municipal decisions to adopt, modify, or repeal a detailed development plan or area regulations may be appealed to the Land and Environment Court. Act (2016:252).

Section 3.

Municipal decisions in accordance with this Act other than those referred to in Sections 1–2 a may be appealed to the County Administrative Board. Act (2016:252).

Appeals of decisions by the County Administrative Board and other State administrative authorities

Section 4.

County Administrative Board decisions in accordance with Chapter 11, Section 10 with regard to reviewing the municipality's decision may not be appealed. The same applies to County Administrative Board decisions in accordance with Chapter 11, Section 12 that the review provisions must also apply to permits or advance notices within a given geographic area, or that permits or advance notices must not apply until a review has been concluded.

Section 5.

County Administrative Board decisions in accordance with Chapter 11, Section 11 to repeal in whole or in part the municipality’s decision on a detailed development plan, area regulations, a permit or advance notice may be appealed to the government.

Section 6.

Other decisions by County Administrative Boards in accordance with this Act other than those referred to in Sections 4 and 5, and other decisions by a State administrative authority in accordance with this Act may be appealed to the Land and Environment Court.

Section 7.

If a case that has been appealed in a Land and Environment Court concerns an issue that is of particular significance for the Swedish Armed Forces, the Swedish Fortifications Agency, the Swedish Defence Materiel Administration, or the National Defence Radio Establishment, the court must transfer the matter over to the government for review.

Right to appeal

Section 8.

Provisions on who may appeal decisions referred to in Sections 2 a, 3, 5, and 6 can be found in Section 22 of the Administrative Procedure Act (1986:223). Act (2016:252).

Section 9.

Simply the fact that someone has been notified or should have been notified in accordance with this Act does not give that person the right to appeal decisions referred to in Sections 2 a, 3, 5, and 6. Act (2016:252).

Section 10.

A decision that applies to the State in its capacity as real property unit owner or possessor of a particular right to a real property unit may be appealed by the State authority that administers the real property unit.

Section 11.

A decision to adopt, amend, or repeal a detailed development plan or area regulations may only be appealed by someone who, prior to the expiration of the review period, has presented opinions in writing that have not been approved.Curtailment of the right to appeal as determined by the first paragraph does not apply if:

1.the decision has gone against the affected party through the proposal being amended after the review period; or

2.the appeal is based on the decision not having been established according to the regulations prescribed by law.

Section 12.

A non-profit organisation or other legal entity of the kind referred to in Chapter 16, Section 13 of the Environmental Code may appeal a decision to adopt, amend, or repeal a detailed development plan that can be assumed to result in a significant environmental impact owing to the fact that the planned area may be used for activities or measures indicated in Chapter 4, Section 34 of this Act.

Section 13.

A non-profit organisation or other legal entity of the kind referred to in Chapter 16, Section 13 of the Environmental Code, or a non-profit organisation of the kind referred to in Chapter 16, Section 14 of the Environmental Code may appeal a decision to adopt, amend, or repeal a detailed development plan that entails an area no longer being covered by shoreland protection in accordance with Chapter 7 of the Environmental Code.

Section 14.

A decision on a permit or advance notice within protection or security areas of the kind referred to in Chapter 9, Section 13 may be appealed by:

1.The Swedish Transport Agency, if the decision concerns a civil airport;

2.The Swedish Radiation Safety Authority, if the decision concerns a nuclear power reactor or other nuclear technology facility; and

3.The Swedish Defence Forces or the Swedish Civil Contingencies Agency, in cases other than those indicated in items 1 and 2.

Section 15.

A decision on a starting clearance may be appealed only by the applicant or the reviewer in the case. Act (2015:668).

Period of appeal, etc.

Section 16.

Provisions on the appealing of a decision referred to in Sections 2 a, 3, 5, and 6 can be found in Sections 23–25 of the Administrative Procedure Act (1986:223).The period for appeal of a decision to adopt, amend, or repeal a detailed development plan or area regulations, however, is calculated from the day the decision or the adjustment of the record of the decision was announced on the municipality’s notice board. When the decision has been taken by the municipal council, what applies in accordance with Sections 23–25 of the Administrative Procedure Act with regard to the government authority that announced the decision shall apply to the municipal executive board instead.The period for the appeal of a decision on a permit or advance notice – for everyone who is not to be served with the decision in accordance with Chapter 9, Section 41 – is calculated from the day that falls one week after the decision has been made known in Post- och Inrikes Tidningar. Act (2016:252).

Review of an appeal

Section 17.

The government authority that reviews an appeal of a decision to adopt, amend, or repeal a detailed development plan or area regulations must only examine whether the decision appealed conflicts with any rule of law in the way that the appellant has stated, or is indicated by circumstances.If the authority, in connection with a review in accordance with the first paragraph, finds that the decision conflicts with a rule of law, the decision must be repealed in its entirety. Otherwise, the decision must be ratified in its entirety. The decision must not be repealed if it is obvious that the error lacks significance for its settlement. If the municipality has allowed it, however, the decision may be repealed to a certain extent or modified in another manner. Amendments that are of minor significance may be made without the municipality’s permission.If the municipality so requests, the government authority may decree that the decision appealed may be implemented in such parts as obviously are not affected by the appeal, despite the appeal not having been finally settled. A decree of this kind may not be appealed.

Section 18.

If the County Administrative Board, in accordance with Chapter 11, Section 12, has decided to re-examine a municipality’s decision on a permit or advance notice, the board must decide that an appeal of the same municipal decision may not be reviewed until the case concerning re-examination in accordance with Chapter 11 has been finally settled. Act (2016:252).

Chapter 14.
Compensation for damage and compulsory purchase

Section 1.

This chapter contains provisions on:

1.the obligation of the municipality to pay compensation for damages that arise as a consequence of decisions in accordance with this Act;

2.the obligation of the municipality and others to buy or otherwise acquire the right to real estate;

3.how damages are to be assessed and compensation calculated;

4.the municipality’s right to compensation in certain cases; and

5.how the right to compensation or compulsory purchase can expire.

Compensation in connection with access for a government authority, etc.

Section 2.

If damages occur as a consequence of a measure referred to in Chapter 11, Section 8, first paragraph, item 1, or second paragraph, the injured party has the right to compensation by the municipality or, if the measure was taken by order of a State authority, compensation by the State.

Compensation in connection with certain injunctions

Section 3.

If the Building Committee, pursuant to Chapter 11, Section 22 or 23 has announced an injunction that involves construction works being removed or being the subject of another measure, or an exit drive or other exit being altered, the person who owns the construction works has the right to compensation for the damages that the injunction brings about. Act (2014:900).

Compensation owing to refused building permit

Section 4.

If compensation has been paid for street costs in accordance with Chapter 6, Section 24 or 25 or in accordance with similar older provisions, the municipality must pay back the compensation to the extent that damages arise through the real property unit owner’s being unable, due to the building permit being refused, to use the real property unit in the way that was presupposed when the compensation was taken out.The municipality must also pay interest in accordance with Section 5 of the Interest Act (1975:635) from the day the compensation was paid to the municipality.

Section 5.

If a building permit is refused for a measure that relates to a building destroyed through an accident or demolished being replaced with a building that is similar on the whole, the owner of the real property unit has a right to compensation by the municipality for the damages resulting from the refused building permit.If the building to be replaced was not destroyed through an accident, the right to compensation applies only if the damage that the refused building permit results in is significant in relation to the value of the portion of the real property unit affected.The right to compensation applies only if the application for a building permit was made within five years of the date on which the building was demolished or destroyed.

Compensation owing to refused site improvement permit

Section 6.

If a site improvement permit is refused pursuant to Chapter 9, Section 35, first paragraph, item 2 or 3, the owner of the real property unit has the right to compensation by the municipality for the damage resulting from the refused site improvement permit.The right to compensation is only valid, however, if the refused site improvement permit involves current land use being made considerably more difficult within the portion of the real property unit affected.

Compensation owing to demolition prohibition or refused demolition permit

Section 7.

If a detailed development plan or area regulations contains a demolition prohibition, or if a demolition permit is refused in accordance with Chapter 9, Section 34, the owner of the real property unit has the right to compensation by the municipality for the damage that the demolition prohibition or refused demolition permit results in.The right to compensation is valid, however, only if the damage resulting from the demolition prohibition or the refused demolition permit is significant in relation to the value of the portion of the real property unit affected.

Compensation when a detailed development plan is amended or repealed

Section 8.

If an area that, according to a detailed development plan, was intended for public communications will be used in whole or in part for another purpose or have its height changed when a new or amended detailed development plan is implemented, the person who owns a real property unit situated next to the area has a right to compensation by those in charge of maintaining the roads for damages the implementations of the new or amended detailed development plan result in for the owner.

Section 9.

If a detailed development plan is amended or repealed before the expiration of the implementation period, the person who owns a real property unit has a right to compensation by the municipality for the damages the amendment or repeal results in for the owner.A right of this kind to compensation also applies if the amendment or repeal occurs after the expiration of the implementation period and the damages relate to a measure that, when the implementation period expired, was included in a building permit case that had not been finally settled.

Compensation owing to provisions on protection, placement, design, and execution of construction works and sites

Section 10.

If the municipality introduces a provision referred to in Chapter 4, Section 8, item 1 or Section 16, item 3 into a detailed development plant or introduces a provision referred to in Chapter 4, Section 42, second paragraph into area regulations, the person who owns a real property unit affected by the provision has a right to compensation by the municipality for the damages resulting from the provision.The right to compensation is only valid, however, if the provision involves current land use being made considerably more difficult within the portion of the real property unit affected.The first and second paragraphs do not apply to provisions on demolition prohibitions. For provisions of this kind, Section 7 applies instead. Act (2014:900).

Compensation owing to area regulations on vegetation and land surface

Section 11.

If the municipality, in area regulations for an area referred to in Chapter 9, Section 13, introduces a provision on vegetation or on the design or height of the land surface, the person who owns a real property unit affected by the provision has a right to compensation by the municipality for the damages resulting from the provision.The right to compensation is only valid, however, if the provision involves current land use being made considerably more difficult within the portion of the real property unit affected. Act (2011:335).

Compensation to the possessor of a particular right

Section 12.

What applies in accordance with Sections 5–11 with regard to the owner of the real property unit must also apply to the person who has a particular right to the real property unit.

Compulsory purchase

Section 13.

If a decision referred to in Section 5, 6 or 7, Section 9, first paragraph, or Section 10 or 11 results in the use of the real property unit becoming especially difficult, the municipality must purchase the real property unit on the request of the real property unit owner.

Section 14.

The municipality must, on the request of the real property unit owner, purchase the land or other space that according to the detailed development plan is to be used for:

1.a public space that the municipality will be in charge of; or

2.something other than a private construction.

The obligation in accordance with Point 2 of the first paragraph does not apply if a building permit is issued in accordance with Chapter 9, Section 32 a, first paragraph. Act (2014:900).

Section 15.

If, according to a detailed development plan, land or other space will be used for a public space that has a private principal, the person who will be principal for the space must, on the request of the real property unit owner acquire the right of ownership, right of usufruct, or other particular right to the land or space.The first paragraph does not apply if the State in accordance with Section 16, or the municipality in accordance with Section 17, must purchase the land or space. Act (2014:900).

Section 16.

If, according to a detailed development plan, land or other space will be used for a road that the State will be responsible for maintaining in accordance with the Public Road Act (1971:948) and has a private principal, the State must on the request of the real property unit owner to acquire the right of ownership, right of usufruct, or other particular right to the land or space. Act (2014:900).

Section 17.

If, according to a detailed development plan, land or other space will be used for a road that the municipality will be responsible for maintaining in accordance with the Public Road Act (1971:948) but has a private principal, the municipality must on the request of the real property unit owner acquire the right of ownership, right of usufruct, or other particular right to the land or space. Act (2014:900).

Section 18.

If, according to a detailed development plan, land or other space is to be used for an individual building but also for a public utilities installation, a public traffic installation, or a traffic installation that is common to several real property units, the person who will be responsible for the installation must on the request of the real property unit owner acquire the right of usufruct or other particular right to the extent needed for the purpose.

Section 19.

The person who is responsible for acquiring a right to land or space in accordance with Section 15, 16, 17, or 18 may determine the particular right to which the acquisition will relate.

Section 20.

The obligations in Sections 14–17 do not apply for periods when temporary use of the land or the space according to the detailed development plan may continue in accordance with what has been determined by Chapter 4, Sections 26–29.

Section 21.

Has been repealed pursuant to Act (2012:187).

Assessment of significance of damage

Section 22.

Assessment of the significance of damage in accordance with any of the provisions in Sections 5–7 and 10–13 must also make allowance for:

1.other decisions referred to in Sections 5–7 and 10–13;

2.decisions in accordance with Chapter 3, Section 2 of the Historic Environment Act (1988:950);

3.decisions in accordance with Chapter 7, Section 3, 5, 6, 9, 22, or 24 of the Environmental Code;

4.decisions that entail permit in accordance with Chapter 7, Section 11, second paragraph or Sections 28 b–29 a of the Environmental Code not being granted;

5.injunctions or prohibitions in accordance with Chapter 12, Section 6, fourth paragraph of the Environmental Code;

6.decisions that entail exemption not being granted with regard to the provisions referred to in Sections 1–5;

7.decisions in accordance with Section 18 of the Forestry Act (1979:429); and

8.the effect of regulations announced in pursuance of provisions of Section 30 of the Forestry Act.

The first paragraph applies only with regard to decisions and regulations announced within the ten years prior to the latest decision.A right to plead before a court, or the right to compensation or compulsory purchase owing to a decision as referred to in the first paragraph having expired as a consequence of the provisions in Chapter 15, Section 4 or similar provisions in the Environmental Code or the Historic Environment Act does not prevent allowance being made for the decision.

Determination of compensation

Section 23.

In connection with determining compensation in accordance with this Chapter, Chapter 4 of the Expropriation Act (1972:719) shall apply.

Section 24.

In cases referred to by any of the provisions in Sections 3 and 5–8, Section 9, first paragraph and Sections 10–12, despite the provisions in Section 23, compensation for reduction of the market value of a real property unit is determined:

1.as the difference between the market value of the real property unit before and after the decision or measure as referred to in Section 8; and

2.without regard to expectations of change to the use of the land.

In connection with determining compensation, Chapter 4, Section 1, second paragraph of the Expropriation Act (1972:719) shall apply.In cases referred to in Sections 5, 7, and 12, the compensation must be reduced by an amount equivalent to the amount that, owing to Section 5, second paragraph and Section 7, second paragraph is to be tolerated without compensation.

Compensation for the municipality’s costs in accordance with this chapter

Section 25.

If the municipality introduces a demolition prohibition as referred to in Section 7 or a provision as referred to in Section 10 after a planning injunction in accordance with Chapter 11, Section 15 in order to satisfy a national interest in accordance with Chapter 3 or 4 of the Environmental Code, the State is obligated to compensate the municipality for its costs of compensation or compulsory purchase.

Section 26.

If the municipality has paid compensation owing to any of the provisions in Sections 6, 11, and 12, the owner of the facility for which the protection or safety area has been determined is obligated to compensate the municipality for its costs of compensation or compulsory purchase.

Loss of right to compensation for damages or compulsory purchase

Section 27.

The person who does not register his or her claim within the period referred to in Chapter 5, Section 26 loses the right to compensation or compulsory purchase.Despite the provisions in the first paragraph, the right to compensation or compulsory purchase applies if the damage could not reasonably be foreseen within the period indicated.

Chapter 15.
Judicial review, etc.

Section 1.

If not otherwise stipulated in this Act, in addition to what has been determined by Chapter 6, Section 17 and Chapter 14, Sections 23 and 24 of this Act, the Expropriation Act (1972:719) shall apply in matters of:

1.compulsory purchase in accordance with Chapter 6, Section 13, 14, 15, or 16; and

2.compensation or compulsory purchase, or acquisition of right of usufruct, or other particular right in cases as referred to in any of the provisions in Chapter 14, Sections 2–18.

Section 2.

A claim for compulsory purchase in accordance with Chapter 6, Section 13 may be brought if the decision to adopt the detailed development plan has not become legally binding.

Section 3.

If a claim for compulsory purchase of a land area in accordance with Chapter 6, Section 14 has been brought before the court, the Land and Environment Court must immediately notify the Cadastral Authority.If during the review of the matter of compulsory purchase, a case on real property formation in conformity with the detailed development plan that applies to the land area is in progress, the matter of compulsory purchase must be stayed until the real estate formation case has finally been settled.If a real property unit is formed that complies with the detailed development plan, the municipality’s claim for compulsory purchase becomes void.

Section 4.

A claim for compulsory purchase of land or space in accordance with Chapter 6, Section 15 must be brought before the court within three years of the expiration of the implementation period of the detailed development plan.If during the review of the matter of compulsory purchase, a case on extension or renewal of the implementation period is in progress, the matter of compulsory purchase shall be declared dormant until the case on the implementation period has finally been settled.If the implementation period is extended or renewed, the municipality’s claim for compulsory purchase becomes void.

Section 5.

In cases as referred to in Chapter 14, Sections 3–7 and 9–13, the claim shall be brought before the court within two years of the day the decision on which the claim is based comes into force.In cases as referred to in Chapter 14, Sections 2 and 8, the claim shall be brought before the court within two years of the day the measure on which the claim was carried out.A case may be brought before the court later than what is indicated in the first and second paragraphs, however, if the damage could not reasonably be foreseen within the two-year period.

Section 6.

Compensation in accordance with Chapter 14, Sections 2, 3, and 5–13 must be determined in money that is to be paid all at once or, if there are particular reasons to do so, in a given annual amount. If compensation is to be paid annually and the conditions change, the annual amount must be re-examined on demand by the municipality, the real property unit owner, or the person who has a particular right to the real property unit.If the municipality so requests and it is not obviously unreasonable, the court must decree that compensation in accordance with Chapter 14, Section 7, 10, or 12 is to be paid only when certain measures have been carried out.

Section 7.

If the municipality and real property unit owner, or the person who has a particular right to the real property unit, has signed an agreement or obviously assumed that something will apply with regard to compensation, it also applies against a new owner of the real property unit or new owner of the particular right.

Section 8.

If the court, in a case as referred to in Section 1, rejects a claim owing to a real property unit owner or someone who has a particular right to a real property unit having initiated the judicial process without sufficient reason, the court may decree that the person who brought the claim before the court must bear his or her own costs. If the judicial process was initiated despite it having been obvious to the person who brought the claim before the court that the claim before the court was brought without reasonable grounds, the court may additionally oblige the person who brought the claim before the court to compensate the counterparty for his or her court costs.

Section 9.

On the request by the person who has a right to compensation that was established in a matter of compulsory purchase in accordance with this Act, the issue raised of surrender of land or other space shall become void in that portion concerning his or her right, if:

1.the compensation has not been reduced in the manner stated in the Expropriation Act (1972:719); and

2.the land or space has not been accessed or transferred in accordance with Chapter 6, Section 10 of the Expropriation Act.

Section 10.

A dispute between the municipality and a real property unit owner about compensation for street costs or costs for other public spaces, or about conditions for payment of such compensation, is reviewed by the Land and Environment Court in whose territory the real property unit is situated.In a matter of this kind, the Land and Environment Court Act (2010:921) shall apply. In matters of modification of compensation in accordance with Chapter 6, Section 33, however, the Expropriation Act (1972:719) will apply with regard to court costs.If the real property unit owner loses in a matter of modification owing to the real property unit owner having initiated the judicial process without sufficient reason, the court may decree that the real property unit owner must bear his or her own costs. If the real property unit owner initiated the judicial process despite it having been obvious to the real property unit owner that the claim was brought without reasonable ground, the court may additionally oblige the real property unit owner to compensate for the municipality’s court costs. Act (2012:820).

Chapter 16.
Authorisations

Provisions on plans and area regulations

Section 1.

The government may issue provisions on:

1.the municipality sending decisions in accordance with Chapter 3, Section 27 on the immediate interest of the comprehensive plan for government authorities, municipalities, and others affected;

2.when the implementation of a detailed development plan owing to such use as is referred to in Chapter 4, Section 34, second paragraph can be assumed to result in a significant environmental impact; and

3.exemptions from the municipality’s obligation in accordance with Chapter 5, Section 32 or 39 to send documents about detailed development plans or area regulations to the County Administrative Board. Act (2011:335).

Provisions on construction works, sites, and public spaces, etc.

Section 2.

The government, or the authority designated by the government, may issue provisions that:

1.what applies with regard to a building in Chapter 8, Sections 1 and 2 must also apply to civil engineering works other than a building;

2.what applies with regard to a building in Chapter 8, Section 1, item 2 must also apply to outdoor signs and light source facilities;

3.what is required for construction works, outdoor signs and light source facilities must be considered to meet the requirements in Chapter 8, Sections 1 and 4;

4.that certain requirements, despite Chapter 8, Sections 2 and 5, or in the application of Chapter 8, Sections 7 and 8 must always be met in the event of new construction, reconstruction, or other alteration of a building; and

5.that certain requirements, despite Chapter 8, Sections 2 and 5, or in the application of Chapter 8, Sections 7 and 8 do not need to be met in the event of new construction, reconstruction, or other alteration of a building, Act (2011:335).

Section 3.

The government, or the authority designated by the government, may issue provisions that certain types of obstacles to access or usability in the application of Chapter 8, Section 2 or 12 shall be considered easy to eliminate.

Section 4.

The government, or the authority designated by the government, may issue provisions on exemptions from the technical characteristic requirements referred to in Chapter 8, Section 4 for which there are particular reasons and refer to new construction or alteration to a building for experimental purposes. The exemptions may not result in an unacceptable risk to the health or safety of people.

Section 5.

The government, or the authority designated by the government, may issue provisions on the requirements for construction works, sites, public spaces and other things covered by Chapter 8 and which, in addition to the provisions in Chapter 8, are needed for:

1.protection for life, personal safety or health; and

2.for an appropriate design of construction works, sites, areas for civil engineering works other than buildings and public spaces.

Provisions on construction products

Section 6.

The government, or the authority designated by the government, may issue provisions:

1.on what is required for a construction product in accordance with Chapter 8, Section 19 to be considered suitable for inclusion in construction works;

2.on labelling of construction products in accordance with Chapter 8, Section 21, item 2 as a condition for being released onto the market and being used;

3.on type approval and surveillance control in accordance with Chapter 8, Sections 22 and 23;

4.that a construction product must be type approved in accordance with Chapter 8, Section 22 to be allowed for use in a construction works;

5.on what language or languages documents and information within the area of application of this Act shall be provided, when requirements on their provision are a consequence of Sweden’s membership in the European Union;

6.on compensation of the kind indicated in Chapter 11, Sections 8b and 8c; and

7.on fees in connection with supervision, in accordance with Chapter 11, Section 66.

Provisions in accordance with item 4 of the first paragraph may only relate to the type approval needed for the protection of life, personal safety, or health. Act (2016:140).

Provisions on building permits

Section 7.

The government may issue provisions that, in addition to what has been determined by Chapter 9, Sections 2–7, a construction permit is required for:

1.outdoor signs and light source facilities; and

2.civil engineering works other than buildings, if the civil engineering works through their size or function could have a significant impact on the surroundings.

Provisions on notification obligation

Section 8.

The government may issue provisions that a report is required for certain measures in accordance with Chapter 9, Section 16, and on a deadline for decisions on a starting clearance after a notification of this kind. Act (2015:668).

Provisions on performance inspectors, people in charge of inspections, and experts

Section 9.

The government, or the authority designated by the State, may issue:

1.provisions on performance inspectors in accordance with Chapter 8, Section 25;

2.provisions on what is required with regard to knowledge, experience, and certification of such people in charge of inspections and of experts as are referred to in Chapter 10; and

3.other provisions on people in charge of inspections and on experts as are needed in addition to the regulations in Chapter 10, Sections 9–13.

Section 10.

The government may announce provisions on what minor measures according to Chapter 10, Section 10, item 2 entail an exemption from the requirement of a person in charge of inspections in accordance with Chapter 10, Section 9.

Provisions on inspections

Section 11.

The government, or the authority designated by the government, may issue additional provisions on inspections that provisions announced pursuant to Section 2, 5, or 6 are being observed.

Provisions on supervision and construction sanction fees

Section 12.

The government may issue additional provisions about supervision and construction sanction fees in accordance with Chapter 11.

Provisions in extraordinary situations

Section 13.

If a natural event with exceptional extensive negative effects on the environment or property has occurred, and if it necessitates that measures are quickly taken, the government may issue provisions on limited-time exemptions from:

1.requirements to take into account public interests in the placement of developments in accordance with Chapter 2;

2.requirements on buildings, civil engineering works, sites, public spaces and the areas for civil engineering works other than buildings in accordance with Chapter 8;

3.requirements that a measure be consistent with a detailed development plan or area regulations;

4.requirements for building permits, demolition permits, and site improvement permits in accordance with Chapter 9; and

5.the provisions in Chapter 10 on the process after a building or demolition permit, etc.

Section 14.

If the country is at war or in danger of war, or if extraordinary conditions of the kind owing to war or danger of war that the country finds itself in are prevalent, the government may issue such provisions as deviate from this Act that are of significance for total defence or are needed in order to be able to carry out necessary construction activities.

- Urban and territorial planning
  - 10.2.2 Coordination between regional territorial plan and national climate change plan
- Governance framework for urban planning and climate planning
  - 9.2.5 Stakeholders and community feedback
- Urban planning and design for mitigation
  - 12.2.3 Promoting connectivity through plot design rules for a walkable streetscape
- Urban planning and design for mitigation
  - 12.2.3 Promoting connectivity through plot design rules for a walkable streetscape
- Urban planning and design for mitigation
  - 12.4.1 Streets orientation and energy saving in buildings

Legal Area

Table of Contents

Planning and Building Act 2010

Chapter 1.Purpose, contents, and definitions

Section 1.

Section 2.

Section 3.

Section 4.

Section 5.

Section 6.

Chapter 2.Public and private interests

Section 1.

Section 2.

Section 3.

Section 4.

Section 5.

Section 6.

Section 6 a.

Section 7.

Section 8.

Section 9.

Section 10.

Section 11.

Chapter 3.The comprehensive plan

Section 1.

Section 2.

Section 3.

Section 4.

Section 5.

Section 6.

Proposal for a comprehensive plan

Section 7.

Section 8.

Consultation on the municipality’s proposal

Section 9.

Section 10.

Section 11.

Exhibition and review of the municipality’s proposal

Section 12.

Section 13.

Section 14.

Section 15.

Section 16.

Section 17.

Section 18.

Adoption

Section 19.

Section 20.

Section 21.

Section 22.

Amendments

Section 23.

Section 24.

Section 25.

Section 26.

Review of the plan’s topicality

Section 27.

Section 28.

Chapter 4.Regulations with detailed development plan and area regulations

Section 1.

Requirements for regulation by means of a detailed development plan

Section 2.

Section 3.

Section 4.

Section 5.

Reserves of land and public spaces

Section 6.

Section 7.

Section 8.

Section 9.

Land surface

Section 10.

Extent of the built environment and the extent and use of buildings

Section 11.

Protection against disturbance

Section 12.

Parking

Section 13.

Building permits, demolition permits, and site improvement permits

Section 14.

Chapter 1.
Purpose, contents, and definitions

Chapter 2.
Public and private interests

Chapter 3.
The comprehensive plan

Chapter 4.
Regulations with detailed development plan and area regulations

Chapter 5.
Procedures for detailed development plans and area regulations