Rezoning
Rezoning (omregulering) means changing an adopted zoning plan so that an area gets a new land use purpose or different limits on what can be built. Typical examples are converting an industrial area to housing, increasing the permitted degree of utilisation or building height, or changing the zoning provisions for a property. In legal language this is called a change to a zoning plan, but "omregulering" is the common word in everyday speech.
The legal basis is plan- og bygningsloven § 12-14 (the Planning and Building Act). The general rule is that a change follows the same process as when the plan was adopted: proposal, public consultation and a decision by the municipal council. For minor changes, the municipality can use a simplified process, where the case does not need a full consultation, as long as the change does not depart substantially from the main framework of the plan or affect important nature and outdoor recreation areas. Where the line falls between a "minor change" and a full rezoning is often a topic in the dialogue with the municipality.
Rezoning must be distinguished from a dispensation. A dispensation is a one-off exemption from the plan in a specific case, while the plan otherwise stays unchanged. A rezoning changes the plan itself, and therefore applies permanently and to all later development in the area. A dispensation is used for limited deviations, and rezoning is used when the framework itself is to change. For larger areas, the change can also be made through a new area zoning plan or detailed zoning plan.
For a developer, rezoning is often what unlocks the value in a site: a property zoned for warehousing can be worth far more zoned for housing or offices. At the same time, the process is uncertain and time-consuming. It usually starts with a planning initiative and a start-up meeting with the municipality, and it can take several years before a new zoning map with provisions is adopted. Overarching guidance in the municipal master plan sets the framework for what the municipality will consider, and a proposal that conflicts with the land use element of the municipal master plan has a significantly higher risk of being stopped.
In Placepoint, you can see the current zoning plan and land use purpose for a Property in the Property panel, and use that as a starting point when you assess the potential in a rezoning.
How it looks in Placepoint
In Placepoint, you find this in Property panel:
From Placepoint's dictionary: Omregulering
More information: Lovdata: Plan- og bygningsloven § 12-14, Regjeringen: Reguleringsplanveileder
English: Rezoning (changing an adopted zoning plan, per Plan- og bygningsloven).
Frequently asked questions
What does omregulering mean?
Rezoning is a change to an adopted zoning plan so that an area gets a new land use purpose or different building limits, for example from industry to housing or an increased degree of utilisation. The legal term is a change to a zoning plan.
What is the difference between rezoning and a dispensation?
A dispensation is a one-off exemption from the plan in a single specific case, while the plan otherwise stays unchanged. A rezoning changes the plan itself, permanently and for all later development in the area.
How long does a rezoning take?
It varies a lot. A minor change can be handled through a simplified and quick process, while a full rezoning follows the same process as a new plan, with a planning initiative, public consultation and a decision by the municipal council, and it can take several years.
What is the legal basis for rezoning?
Changing and revoking a zoning plan is based on plan- og bygningsloven § 12-14. The provision also allows a simplified process for minor changes that do not depart substantially from the main framework of the plan.