Rekkefølgebestemmelser
Rekkefølgebestemmelser (sequence-of-development provisions), often called rekkefølgekrav, are conditions set by the municipality that determine what must be in place before development can start in an area. Typically, building permits are tied to the necessary public services and technical infrastructure being established: roads, water and sewage, public transport, schools, kindergartens, play areas and green spaces. Rekkefølgebestemmelser can be attached both to the land-use element of the kommuneplan (municipal master plan) and to reguleringsplaner (zoning plans).
The legal basis is plan- og bygningsloven § 12-7 no. 10 (the Planning and Building Act) for reguleringsplaner and § 11-9 no. 4 for the land-use element of the kommuneplan. The provisions are binding and cannot be set aside without a plan amendment or an exemption. They are one of the most common causes of delay in development projects, so it is essential to map them early and clarify who is responsible for funding and building the measures.
In practice, rekkefølgebestemmelser are often used together with development agreements under chapter 17 of plan- og bygningsloven, where the municipality and the developer agree on who funds and builds the measures. Following the Supreme Court judgment in the Mortensrud case (HR-2021-953-A), a necessity requirement applies: there must be an objective connection between the development and the measure imposed, so a developer cannot be charged for measures that are not triggered by the project itself. The judgment tightened municipal practice and has had a major effect on how rekkefølgekrav are worded and negotiated.
When the requirement concerns a measure outside the developer's control, for example the extension of a municipal school or the building of a new road, the project can be left waiting until the municipality or another party carries out the measure. That makes early dialogue with the municipality and a concrete sequencing analysis early in the project economics important. Regjeringen (the Norwegian government) provides guidance on development agreements, and municipal plan registers show which rekkefølgekrav are registered for an area.
In Placepoint you find the current reguleringsplan for a property in the Property panel. The rekkefølgekrav themselves must then be read in the plan provisions.
How it looks in Placepoint
In Placepoint you find this in the Property panel:
From Placepoint's dictionary: Rekkefølgebestemmelser
More information: Lovdata: Plan- og bygningsloven § 12-7, Lovdata: Plan- og bygningsloven § 11-9, Regjeringen: Utbyggingsavtaler
English: Sequence-of-development provisions (under Plan- og bygningsloven).
Frequently asked questions
What are rekkefølgebestemmelser?
Rekkefølgebestemmelser, also called rekkefølgekrav, are conditions set by the municipality that determine what must be in place, such as infrastructure, schools or green spaces, before development can start in an area. The two terms are used interchangeably and mean the same thing.
What kind of measures can rekkefølgebestemmelser require?
Rekkefølgebestemmelser can impose road improvements, footpaths and cycle paths, water and sewage facilities, school extensions, kindergartens and recreation areas. They are often funded through development agreements.
What is the legal basis for rekkefølgebestemmelser?
Rekkefølgebestemmelser are based on plan- og bygningsloven § 12-7. They are binding and cannot be set aside without a plan amendment or an exemption from the municipality.
What is the risk of rekkefølgebestemmelser for developers?
Rekkefølgebestemmelser are one of the most common causes of delay in development projects. It is essential to map them early and clarify who is responsible for funding them.
How do I find the rekkefølgebestemmelser for a property?
Rekkefølgebestemmelser appear in the provisions of the reguleringsplan. Placepoint shows the current reguleringsplan for a property, and the provisions must then be read carefully.