Byggrätt
Byggrätt is the right to build that a Swedish detaljplan (detailed development plan) gives a fastighet (property unit): how much area may be built on, how tall the building may be and how many storeys it may have. The term is not defined in the act itself, but it is used throughout Swedish planning practice for the regulated building volume that a detaljplan permits.
The byggrätt is set through a property provision in the detaljplan, often marked with a code such as e1. A common wording is "e1: största byggrätt är 30 % av fastighetsarean", tied either to the whole property (fastighetsarea) or to the delimited use area (användningsområde) that the plan defines. Alternatively, the byggrätt is given as a fixed figure in square metres of gross area (BTA) or as byggnadsarea, that is, the footprint. The plan also sets byggnadshöjd or totalhöjd and våningsantal (number of storeys), which together with the area figure determine how much can actually be realised on the site. Some municipalities also use an imprecise term, "ljus BTA", in land allocations and when calculating the running tomträtt fee: it captures how much of the gross area is actually usable above ground, but it is not a standardised measure in Boverket's catalogue of planning provisions and it varies from municipality to municipality.
The byggrätt is also a value in its own right. It is attached to the fastighet and traded regardless of whether anyone has actually built, because it sets out what may lawfully be erected there. It is precisely this market value that Combify calculates and publishes for Swedish properties.
The right is not perpetual, however. Plan- och bygglagen 4 kap. 21 § requires the municipality to set a genomförandetid (implementation period) of at least five and at most 15 years for each detaljplan, counted from the point at which the plan takes legal effect. As long as the genomförandetid is running, the plan cannot be changed or repealed against the will of an affected property owner, unless new circumstances of major public importance require it (4 kap. 39 §). If it happens anyway, the owner is entitled to compensation from the municipality for the loss (14 kap. 9 §). Once the genomförandetid has expired, this protection falls away: the municipality can then change or repeal the plan without regard to the byggrätt and without any duty to compensate, even though the plan as such still applies until it is formally changed.
Norwegian comparison: the closest parallel is utnyttelsesgrad, that is, the ratio between permitted built area and the site area set in a reguleringsplan or municipal master plan, and development potential more generally. The difference is the time dimension. Norwegian utnyttelsesgrad is a pure planning parameter with no time limit and no statutory right to compensation; if the municipality changes the reguleringsplan, the landowner has no automatic right to compensation for a lost building opportunity. Swedish byggrätt, by contrast, is closer to an enforceable right: it is protected against unilateral change for a limited period, and a breach of it triggers a duty for the municipality to pay compensation.
From Placepoint's dictionary: Byggrätt
More information: Boverket: Utnyttjandegrad, reglering av byggrätt, Boverket: Genomförandetid, Plan- och bygglagen 4 kap. 21 §
English: The building right a detaljplan confers on a Swedish property, expressed as permitted area, height and floor count (Swedish-specific).
Frequently asked questions
What is byggrätt?
Byggrätt is the right that a detaljplan gives to build on a fastighet, expressed as area, height and number of storeys. The right is not defined in the act itself, but it is used throughout Swedish planning practice.
How is byggrätt expressed in a detaljplan?
Usually as a property provision, for example marked e1, given as a percentage of the fastighetsarea or the use area, or as a fixed figure in square metres of BTA or byggnadsarea, together with byggnadshöjd and våningsantal.
How long is the byggrätt protected against change?
As long as the genomförandetid is running, normally five to 15 years under Plan- och bygglagen 4 kap. 21 §. If the plan is changed or repealed in this period against the owner's will, the owner is entitled to compensation from the municipality.
What happens to the byggrätt when the genomförandetid expires?
The municipality can then change or repeal the plan without regard to the byggrätt and without any duty to compensate, even though the plan itself still applies until it is formally changed.
Is byggrätt the same as Norwegian utnyttelsesgrad?
They are similar, but byggrätt is a time-limited and enforceable right attached to the fastighet. Utnyttelsesgrad is a pure planning parameter in a reguleringsplan or municipal master plan, with no equivalent right to compensation.
Can byggrätt be bought and sold?
Yes. It counts as a value in its own right attached to the property and is priced into deals regardless of whether anyone has actually built on the site yet.