Neighbour notice
A nabovarsel (neighbour notice) is the statutory notice that must be sent to neighbours and people living opposite before a building application is submitted to the municipality. The purpose is to give those affected by a project the chance to comment before the municipality processes the case. For a developer, correct neighbour notification is a precondition for the building application not being rejected or the decision being overturned after an appeal.
The duty follows from the Planning and Building Act, section 21-3. The general rule is that anything requiring an application also requires notification. The developer must assess whether the project falls under one of the exemptions. The most important ones are:
- Minor works exempt from the application duty under the Building Application Regulations (SAK10), section 4-1 (small garages, roof terraces below a certain size, small extensions and similar).
- Works in line with a detailed zoning plan where the neighbours have already had the chance to comment during the planning process.
Neighbours and people living opposite must be notified. Neighbours are owners and leaseholders of properties that border directly on the project property, while people living opposite are owners and leaseholders on the other side of a road or other area. The municipality can require the notification to be extended where the project affects more people, typically for large building volumes, tall structures or works that affect views and sunlight. The notification itself can be sent digitally through Altinn's neighbour notice service, by registered post or by personal delivery against a receipt. Owner data is usually taken from matrikkelen and Grunnboken.
Neighbours have 14 days to send comments. The comments must follow the application through the municipality's case processing, and the applicant must explain how they have been taken into account. The comments do not give a right of veto, but they establish the neighbour as a party to the case and therefore give a right to appeal against any decision. The same notification rules apply to a dispensation. For works that require a framework permit or a commencement permit, the neighbour notice from the original application remains valid. A new notice is not required for each permit in the sequence.
A missing or incomplete neighbour notice is one of the most common reasons why municipalities reject building applications, and a neighbour who was not notified can appeal under the Public Administration Act and have an approved decision overturned. The appeal deadline is three weeks from the point when the neighbour became, or should have become, aware of the decision. Where no notice was given, that can be long after building work has started, and it can therefore lead to a duty to demolish unlawful structures. The Norwegian Building Authority (DiBK) publishes case processing guidance, and the Parliamentary Ombud has handled several appeal cases where neighbour notification has been tested.
In Placepoint you can follow neighbour notices in an area through Saksinnsyn, and set up monitoring to be alerted when something new happens on a property or in an area you are following.
How this looks in Placepoint
In Placepoint you find this in Saksinnsyn:
From Placepoint's glossary: Neighbour notice
More information: Lovdata: the Planning and Building Act, section 21-3, Lovdata: the Building Application Regulations (SAK10), Altinn: Nabovarsel, DiBK: Case processing, Store norske leksikon: nabovarsel
English: Notice to neighbours (per Plan- og bygningsloven).
Frequently asked questions
What is a neighbour notice?
A neighbour notice is a statutory notice to neighbours and people living opposite about planned building or demolition work. It must be sent before an application for building permission is submitted to the municipality.
Who should receive a neighbour notice?
A neighbour notice must be sent to all neighbours and people living opposite within a certain distance. That means everyone whose property borders the property, and properties on the other side of a road or street. In some cases the municipality can require more people to be notified.
What happens when the neighbours receive the notice?
The neighbour has 14 days to submit comments after the neighbour notice has been received. The applicant must handle and respond to the comments before the application is sent to the municipality.
How do you send a neighbour notice?
A neighbour notice is usually sent by email through Altinn, by post with a receipt, or delivered in person against a signature. The applicant must document that the notice has been sent.
What happens if you forget to send a neighbour notice?
A missing neighbour notice can lead to the municipality rejecting the application. Neighbours have a right to be notified and can appeal against an approved permit if they were not notified.