Responsible applicant
The responsible applicant (ansvarlig søker) is the company that represents the tiltakshaver, the party commissioning the work, towards the municipality in a building case. The company prepares and submits the building application, coordinates the other responsible companies, and is the municipality's point of contact from the time the application is submitted until ferdigattest, the completion certificate, has been granted. The role is mandatory for all works that need an application and require ansvarsrett, a declared responsibility.
The legal basis is plan- og bygningsloven § 23-4, the Planning and Building Act, and the details are set out in byggesaksforskriften (SAK10), the building application regulations, chapter 12. The responsible applicant must be a company, not a private person, and must declare ansvarsrett in work class (tiltaksklasse) 1, 2 or 3, depending on the complexity. SAK10 § 9-3 requires education and practice matched to the work class, from vocational or technical college in class 1 to a master's degree in class 3. Direktoratet for byggkvalitet (DiBK), the Norwegian Building Authority, grants voluntary central approval (sentral godkjenning). Many municipalities give weight to it in practice, even though it has not been required by law since the simplification in 2016.
The tasks run through the whole case. Before the application is submitted, the responsible applicant must obtain statements from the authorities concerned, arrange neighbour notification, and check that the project is within the zoning plan, the building line and TEK17. If the work breaches the plan, the applicant must either propose a minor amendment or apply for a dispensation. In the application, the responsible applicant collects declarations from the designers, the contractors and the independent inspectors, and guarantees that the full map of declared responsibilities is covered. If a link is missing, typically independent inspection of wet rooms, that is the responsible applicant's error.
The responsible applicant is not the same as the tiltakshaver. The tiltakshaver is the client that owns the project financially; the responsible applicant is the company hired to handle contact with the municipality. An architect's office is often the responsible applicant for a private person who is the tiltakshaver, while a developer with its own administrative staff can be both tiltakshaver and responsible applicant, with the same company filling both roles. The responsible applicant is also not the same as the responsible designer, the responsible contractor or the responsible inspector, even though the same company often takes on several responsibility roles in smaller projects.
The declaration of ansvarsrett is confirmed by the company's signature in the application and applies until ferdigattest. If the declaration is withdrawn mid-project, typically on insolvency or a conflict with the tiltakshaver, the municipality must be notified and a new responsible applicant must take over before the work can continue. A breach of the duties can lead to withdrawal of central approval and a penalty charge under plan- og bygningsloven § 32-8, which can be substantial for the company.
For work exempt from the application requirement under plan- og bygningsloven § 20-5, no responsible applicant is needed. The tiltakshaver can also handle certain minor works itself under plan- og bygningsloven § 20-4 without a responsible applicant. For example, SAK10 § 3-1 allows a detached building not intended for habitation of up to 70 m². When a new build is bought under bustadoppføringslova, the developer, as tiltakshaver, chooses the responsible applicant; the consumer has no direct agreement with the applicant company.
In Placepoint you can see which company was the responsible applicant in earlier building cases in case records, available from the property panel for each individual property.
How it looks in Placepoint
In Placepoint you find this in Case records:
From Placepoint's dictionary: Ansvarlig søker
More information: Lovdata: Plan- og bygningsloven § 23-4, DiBK: Byggesaksforskriften (SAK10), DiBK: Sentral godkjenning
Norwegian: ansvarlig søker (per plan- og bygningsloven).
Common questions
What is a responsible applicant?
The responsible applicant is the company that represents the tiltakshaver towards the municipality in a building case. The company submits the building application, coordinates the other responsible companies and is the municipality's point of contact from application to ferdigattest.
Who can be a responsible applicant?
The responsible applicant must be a company that meets the education and experience requirements in SAK10 § 9-3 for the relevant work class. Private persons cannot be a responsible applicant.
Do I need a responsible applicant to build a garage?
That depends on the size and the position. A detached garage of up to 50 m² can be exempt from the application requirement under plan- og bygningsloven § 20-5. A detached building not intended for habitation of up to 70 m² can be applied for as work without ansvarsrett under plan- og bygningsloven § 20-4, see SAK10 § 3-1. Larger works require a responsible applicant.
What is the difference between the responsible applicant and the responsible designer?
The responsible applicant coordinates the whole case and is the municipality's point of contact. The responsible designer is the company that draws and dimensions the individual discipline: architecture, structure, plumbing and ventilation, or electrical work. The same company can hold both roles in smaller projects.
What happens if the responsible applicant becomes insolvent?
The tiltakshaver must notify the municipality and engage a new responsible applicant who takes over the declaration before the work can continue. The same applies to other breaks in the map of responsibilities.