Plan- og bygningsloven
Plan- og bygningsloven (the Planning and Building Act) is the central act for land-use planning and building cases in Norway. It governs how municipalities and the state plan land use, and it sets the framework for processing building cases, building permits, inspection and follow-up of works. The act was passed on 27/06/2008 (lov 2008-06-27-71) and replaced the earlier plan- og bygningsloven from 1985.
The act has two main parts. The planning part in chapters 3 to 19 covers the tasks and the hierarchy in land-use planning: national expectations, regional plans, the municipality plan with its land-use element, the zoning plan as area zoning and detailed zoning, impact assessment and objection. The building case part in chapters 20 to 32 covers the application requirement, approval of responsibility, case processing, the building permit, the completion certificate, inspection, follow-up of unlawful works, sanctions and reimbursement. The act is supplemented by the technical building regulations TEK17 for technical requirements, the building application regulations (SAK10) for case processing, and kart- og planforskriften (the map and plan regulations) for plan data.
Administration is split in two. Kommunal- og distriktsdepartementet (KDD, the Ministry of Local Government and Regional Development) has overall responsibility for the planning part and steers through state planning guidelines and national policy provisions. Direktoratet for byggkvalitet (DiBK), the Norwegian Building Authority, is the specialist directorate for the building case part and administers TEK17, SAK10 and the competence register for responsible firms. The municipality is the first instance for most planning and building cases, while Statsforvalteren (the county governor) handles appeals. Cases of greater principle can be taken to the ministry or to the courts.
The act rests on a central principle: plans are binding from the top down. The land-use element of the municipality plan governs permitted land use in broad terms. The zoning plan sets out the framework in detail for a defined area. The building case itself is the application of that framework to a specific project. Building boundaries, land-use purposes, consideration zones and zoning provisions are the legally binding elements you read out of the plan map and the provisions. If the project owner wants to depart from the plan, a dispensation is required under plan- og bygningsloven chapter 19. A dispensation requires that the interests behind the provision are not substantially set aside and that the advantages are clearly greater than the disadvantages.
The processing deadlines are set out in plan- og bygningsloven section 21-7: 12 weeks for works that require approval of responsibility, 3 weeks for simple works with no comments, and 12 weeks for zoning plans once the plan proposal is complete. If the municipality exceeds the deadline, the building case fee is reduced automatically. Breaches of the act can be met with orders to rectify and to stop work, a demolition order under section 31-10, an administrative fine or criminal penalties in the most serious cases. The act also gives the legal basis for expropriation to carry out a plan and for development agreements between the municipality and the developer.
The act is amended often. The larger updates in recent years concern digitalisation of the plan register (eByggesak and eDOK), simpler application requirements for small works, requirements for universal design, and stricter rules for the shoreline zone. For a buyer, a developer or a property manager, plan- og bygningsloven is the framework you always have to work within when you assess what can be built, what existing use is permitted, and what requires a new process.
In Placepoint, the most important land-use plans, zoning provisions, consideration zones and ongoing building cases per property are shown directly in the map layers and in Saksinnsyn, so you can read the legal basis for a specific project without searching through several municipal portals.
How this looks in Placepoint
In Placepoint you find this in Saksinnsyn:
From Placepoint's glossary: Plan- og bygningsloven
More information: Lovdata: Plan- og bygningsloven, DiBK: guide to building cases, The Government: Plan- og bygningsloven
English: The Planning and Building Act (lov-2008-06-27-71).
Common questions
What is plan- og bygningsloven?
It is the central act for land-use planning and building cases in Norway. It governs how municipalities plan land use and sets the framework for processing building cases.
How is the act structured?
In the planning part (chapters 3-19) on land-use planning and the building case part (chapters 20-32) on building applications, permits and follow-up.
Who administers the act?
Kommunal- og distriktsdepartementet has overall responsibility. Direktoratet for byggkvalitet is the specialist directorate for the building case part. The municipality is the first instance for most cases.
Which regulations supplement the act?
The technical building regulations TEK17 (technical requirements), the building application regulations SAK10 (case processing), and kart- og planforskriften.
What is the relationship between the municipality plan, the zoning plan and the building case?
The municipality plan sits at the top and governs land use in broad terms. The zoning plan sets out the framework in detail for a defined area. The building case is the application of that framework to a specific project.