Startbesked
Startbesked is the byggnadsnämnd's clearance to begin the actual building work. A bygglov on its own does not give you the right to start; the startbesked does. When the work is finished, you likewise need a slutbesked before the building can be taken into use.
The rules are set out in chapter 10 of the plan- och bygglagen (2010:900). Under chapter 10, section 3, a measure that requires bygglov, rivningslov (demolition permit), marklov (land works permit) or anmälan (notification) may not be started before the byggnadsnämnd has issued a startbesked. The startbesked is usually preceded by a technical consultation (tekniskt samråd) at the byggnadsnämnd, where the developer, the kontrollansvarig and the case officer go through how the work is to be planned and organised, the proposed control plan and waste management plan, and the other documents. The nämnd must call a technical consultation without delay when a measure requires a kontrollansvarig, when the consultation is not clearly unnecessary, or when the developer asks for one (chapter 10, section 14). The developer must submit the proposed control plan and the technical documents no later than five working days before the consultation, unless the nämnd sets another deadline (chapter 10, section 18).
For most measures that require bygglov, rivningslov, marklov or anmälan, one or more kontrollansvariga must be appointed (chapter 10, sections 9 to 10). A kontrollansvarig is a natural person with certified competence to check that the measure is carried out in line with the requirements, and that person must hold an independent position in relation to whoever carries out the work (chapter 1, section 8 of the plan- och bygglagen). The role is mandatory for most measures that need an application; there are some exceptions for smaller measures.
If you start building before a startbesked has been issued, the byggnadsnämnd must impose a byggsanktionsavgift (statutory building sanction charge) (chapter 11, section 53 of the plan- och bygglagen). The charge must be imposed even if the breach was not intentional or negligent, but it can be reduced to a half or a quarter if it is not reasonably proportionate to the breach (chapter 11, section 53 a). If the party liable repeats the breach within two years, the charge is doubled.
As the building work nears its end, the nämnd must call a final consultation (slutsamråd) before a slutbesked can be issued, if the measure has been covered by a technical consultation or a byggbedömare (building assessor) has been used (chapter 10, section 30). A slutbesked is issued in writing and requires the developer to show that all requirements in the act, the control plan, the waste management plan, the startbesked and any additional conditions have been met (chapter 10, section 34). As a general rule, the building may not be taken into use before a slutbesked has been issued (chapter 10, section 4). If the requirements for a slutbesked are not met, but the shortcoming is minor or a check remains to be done at a later date, the nämnd can issue an interimistiskt slutbesked, a conditional slutbesked that applies until the shortcoming has been put right or the check has been carried out (chapter 10, section 36).
Together, startbesked and slutbesked correspond to the Norwegian igangsettingstillatelse (start permit) and ferdigattest (completion certificate) under the plan- og bygningsloven, and the interimistiskt slutbesked corresponds to the Norwegian midlertidig brukstillatelse (temporary permit to occupy). The main difference is that Swedish law makes the kontrollansvarig role and the technical consultation a fixed part of the process for most measures, while Norwegian law places more of the control responsibility on the developer and the responsible firm themselves. The second difference is the sanction: building before a startbesked triggers a statutory byggsanktionsavgift in Sweden, calculated using a fixed formula, whereas the Norwegian penalty charge is set more at the municipality's discretion in each individual case.
From Placepoint's ordbok: Startbesked
More information: Boverket: Startbesked, Boverket: Slutbesked, plan- och bygglagen chapter 10
English: Start notice and completion notice.
Frequently asked questions
What is a startbesked?
A startbesked is the byggnadsnämnd's approval to begin the building work, once a bygglov has been granted. Without a startbesked, the measure cannot lawfully be started.
What is the difference between startbesked and slutbesked?
A startbesked gives the go-ahead to begin the work. A slutbesked confirms afterwards that the work has been carried out in line with the requirements, and gives the right to take the building into use.
What happens if I start building without a startbesked?
The byggnadsnämnd must then impose a byggsanktionsavgift, a statutory charge formula that applies even if the breach was not intentional.
What is a kontrollansvarig?
A certified person who checks that building, demolition or land work is carried out in line with the requirements. The role is mandatory for most measures that need an application, and the person must hold an independent position in relation to whoever carries out the work.
What is an interimistiskt slutbesked?
A conditional slutbesked that the byggnadsnämnd can issue when a minor shortcoming remains or a check is to be done later. The building can then be taken into use before the final check has been completed.
Does this correspond to igangsettingstillatelse and ferdigattest in Norway?
Yes, broadly. The difference is that Swedish law has a mandatory kontrollansvarig role and a fixed technical consultation that Norwegian law does not require in the same form, and a statutory byggsanktionsavgift for building without a startbesked.