Building permit
A building permit (byggetillatelse) is the municipality's decision approving an applied-for measure under the plan- og bygningsloven (Planning and Building Act). Once the permit is in place, the work can start in line with the conditions that have been set. The term is used both as an umbrella term for all forms of permit under the Act and, in everyday speech, as a synonym for one combined permit covering both start of work and completion.
The legal basis is plan- og bygningsloven § 20-1, which lists the measures that require an application (construction, substantial alteration, demolition, facade changes, change of use, splitting a dwelling unit, creating a new land property, placing signs and advertising, and more). The permit decision builds on a building application that documents that the measure complies with the zoning plan, the land use purpose, the building lines, the degree of utilisation and the requirements in the technical building regulations, TEK17. If the measure departs from the plan, the municipality must process a dispensation under plan- og bygningsloven chapter 19 before a building permit can be granted.
For larger projects, the permit is usually split in two. A framework permit (outline permission) approves the overall framework: siting, heights, volume, land use purpose, the number of units and aesthetics. Splitting the application is regulated in plan- og bygningsloven § 21-4, while the substantive requirements for siting and design follow from chapter 29 of the Act and the applicable zoning plan. Detailed design, the choice of solutions and documentation of compliance with TEK17 happen afterwards and are submitted to the municipality with the application for a commencement permit. Only when the commencement permit has been granted can physical building work start on the site. For smaller measures, one combined permit is often granted directly (framework permit and commencement permit in the same decision), particularly where the design is simple and little is likely to change.
The decision contains conditions: which drawings are approved, which responsible firms hold ansvarsrett (approved responsibility) for design and execution, any specific requirements for parking, outdoor amenity space, connection to the public road and sewerage, and sequencing requirements that must be met before use. The permit is valid for 3 years from the date of the decision under plan- og bygningsloven § 21-9. If work does not start within that deadline, the permit lapses. If work is interrupted for more than 2 years, it also lapses.
Neighbours and others with a legal interest in appealing can appeal the decision within 3 weeks of becoming aware of it, see forvaltningsloven § 29 (the Public Administration Act). The appeal is processed first by the municipality, then by Statsforvalteren (the county governor). An appeal does not automatically suspend the decision, but it can do so if there are special grounds. If the measure changes substantially after the permit has been granted, the change must be applied for as an amendment application or a new building application.
The measure cannot be taken into use before the municipality has issued a completion certificate, or a temporary permission to occupy under plan- og bygningsloven § 21-10. Breaching this is subject to penalties under plan- og bygningsloven § 32-9, and the municipality can impose an infringement fee under plan- og bygningsloven § 32-8. For the tiltakshaver (the party responsible for the measure), the building permit is also the basis for the construction loan: banks usually require a framework permit before they pay out the first tranche, and a commencement permit before building work starts.
In Placepoint you can see granted building permits, the related documents and the status of the measure for each property in Saksinnsyn, including links to the decision itself and the drawings where the municipality has made them available.
How it looks in Placepoint
In Placepoint you find this in Saksinnsyn:
From Placepoint's dictionary: Byggetillatelse
More information: Lovdata: Plan- og bygningsloven § 20-1, Lovdata: Plan- og bygningsloven § 21-9 on lapse of a permit, DiBK: Byggesaksveileder
Norwegian: byggetillatelse.
Common questions
What is a building permit?
The municipality's decision approving an applied-for measure under the plan- og bygningsloven. Once the permit is in place, the measure can be carried out within the conditions that have been set.
What is the difference between a framework permit and a commencement permit?
A framework permit (outline permission) approves the overall siting, volume and use. A commencement permit is the green light for the building work itself and requires that the detailed design has been approved.
How long is a building permit valid?
3 years from the date of the decision. If work does not start within that deadline, or work is interrupted for more than 2 years, the permit lapses.
Can a neighbour appeal a building permit?
Yes. Neighbours and others with a legal interest in appealing can appeal within 3 weeks under forvaltningsloven § 29. The appeal is processed by the municipality and then by Statsforvalteren.
When can I take the building into use?
Only when the municipality has issued a completion certificate, or a temporary permission to occupy, see plan- og bygningsloven § 21-10. Use without such a decision is unlawful.