Ansvarsrett
Ansvarsrett (the right to accept responsibility for a defined field of work) is the role a company declares for a limited discipline in a construction project. It means the company undertakes, towards the municipality, to meet the requirements of plan- og bygningsloven (the Planning and Building Act) for its part of the project. The scheme is the backbone of Norwegian building case control: the municipality does not check the work itself, only that each task has been declared by a qualified company.
The legal basis for the responsibility is set out in plan- og bygningsloven chapter 23 (responsibility in building cases), while the voluntary central approval of companies follows section 22-1. The rules are detailed in byggesaksforskriften (SAK10) chapter 9 (qualification requirements), chapter 10 (quality assurance) and chapter 11 (requirements for companies). There are four responsibility roles: ansvarlig søker (the applicant who coordinates with the municipality), ansvarlig prosjekterende (design and dimensioning), ansvarlig utførende (construction work), and ansvarlig kontrollerende (independent inspection). The same company can take on several responsibility roles in one project, but the inspection role must be independent of the design and construction roles where independent inspection is required, typically for wet rooms and load-bearing structures in tiltaksklasse 2 and 3.
The project is placed in one of three tiltaksklasser (project complexity classes) under SAK10 chapter 9, based on complexity and the consequences of errors. Tiltaksklasse 1 covers simple detached houses, garages and small extensions. Tiltaksklasse 2 covers apartment blocks, smaller commercial buildings and terraced houses. Tiltaksklasse 3 covers high-rise buildings, hospitals, large commercial buildings and complicated structures. The company must meet the education and experience requirements for its class, from vocational college in class 1 to a master's degree and 6+ years of relevant practice in class 3.
Until 2016, ansvarsrett was granted by the municipality in each individual case. After the simplification, the companies themselves declare ansvarsrett in the application, and the municipality cannot refuse the declaration as long as the formalities are in place. Central approval from Direktoratet for byggkvalitet (the Norwegian Building Authority) is voluntary, but it documents to both the municipality and the client that the company meets the qualification requirements. In practice, many public clients and developers require central approval as a condition for a contract, so the scheme still matters a great deal. DiBK carries out supervision and can withdraw the approval in cases of serious or repeated breaches.
A company with ansvarsrett carries private law liability towards the developer for errors and defects, and public law responsibility towards the municipality for meeting the duties under plan- og bygningsloven and the regulations. Breaches can trigger an infringement fee under plan- og bygningsloven section 32-8 and withdrawal of central approval. The company must have liability insurance and a quality assurance system that documents routines for design, construction and handling of deviations.
Works exempt from the application requirement under plan- og bygningsloven section 20-5 need no ansvarsrett. Works under plan- og bygningsloven section 20-4 do not require ansvarsrett either, but the developer then carries the full responsibility. The specific limits, including up to 70 m² for a detached building not used for habitation, are set in SAK10 section 3-1. For works subject to application under plan- og bygningsloven section 20-3, ansvarsrett is always mandatory.
In Placepoint, you can see which companies were listed with ansvarsrett in earlier building cases through Saksinnsyn, available from the property panel on each property. This is useful information for due diligence: repeated defects from the same company can signal risk in a purchase.
How it looks in Placepoint
In Placepoint, you find this in Saksinnsyn:
From Placepoint's glossary: Ansvarsrett
More information: Lovdata: plan- og bygningsloven chapter 23 (responsibility in building cases), DiBK: byggesaksforskriften (SAK10), DiBK: central approval
English: Right to accept responsibility (per Plan- og bygningsloven).
Frequently asked questions
What is ansvarsrett?
Ansvarsrett is the declared role a company takes on for a discipline in a construction project. The company undertakes, towards the municipality, to meet the requirements of plan- og bygningsloven for its part of the project.
Which responsibility roles exist?
There are four roles: ansvarlig søker, ansvarlig prosjekterende, ansvarlig utførende and ansvarlig kontrollerende. The same company can hold several roles, but independent inspection must be independent of the design and construction roles.
What are tiltaksklasser?
The project is placed in class 1, 2 or 3 under SAK10, based on complexity and the consequences of errors. Class 1 covers simple detached houses, class 3 covers high-rise buildings and hospitals. The company must meet qualification requirements matched to the class.
Is central approval mandatory?
No, central approval from DiBK is voluntary after the 2016 simplification. Many municipalities and professional clients still require it as a condition for a contract or for case processing.
What happens if ansvarsrett is breached?
The company can receive an infringement fee under plan- og bygningsloven section 32-8 and have its central approval withdrawn. Under private law, the developer can claim compensation for errors and defects.