Tiltakshaver
A tiltakshaver is the natural or legal person on whose behalf building work is carried out. In practice, it is the client in a building case: the home owner who wants to extend the house, the developer who wants to put up an apartment block, or the borettslag (housing co-operative) that wants to add insulation to the façade. The tiltakshaver is responsible for making sure the work is carried out in line with the plan- og bygningsloven (the Planning and Building Act), and is the addressee for the municipality's decision.
The term is defined in plan- og bygningsloven § 23-2. § 23-1 states that the tiltakshaver holds the basic responsibility for making sure the building work meets the provisions of the act and its regulations. For work that needs an application, the tiltakshaver must appoint an ansvarlig søker (responsible applicant) to represent them towards the municipality, along with companies holding ansvarsrett (approved responsibility) for design, execution and inspection. The tiltakshaver cannot declare ansvarsrett themselves without meeting the qualification requirements in chapter 11 of the byggesaksforskriften (SAK10).
The distinction from related roles matters in practice. The tiltakshaver is not the same as the byggherre, which is construction terminology tied to the byggherreforskriften and to health, safety and the environment on the building site. A professional developer is usually both tiltakshaver under the plan- og bygningsloven and byggherre under the byggherreforskriften, but a private individual building a garage is only a tiltakshaver. The tiltakshaver is not the same as the ansvarlig søker either: the tiltakshaver owns the project financially and legally, while the ansvarlig søker is the company that communicates with the municipality and coordinates the other responsible companies. An architect's office can act as ansvarlig søker for a private individual who is the tiltakshaver.
The tiltakshaver carries the financial responsibility for the byggesøknad (building application), fees, any dispensasjon (exemption) and any measures ordered by the municipality. If the building work turns out to have been carried out unlawfully, the tiltakshaver is the party the municipality directs orders for correction, coercive fines or demolition against, see chapter 32 of the plan- og bygningsloven. The responsibility follows the property on sale: a new owner may have to clear up unlawful work left behind by the previous tiltakshaver. The avhendingsloven (the Sale of Property Act) lets the buyer claim a price reduction or cancel the sale if the seller has concealed such matters.
For work exempt from the application requirement under plan- og bygningsloven § 20-5 (including smaller detached buildings, screen walls and minor façade changes), the tiltakshaver responsibility still applies, but without a requirement for an ansvarlig søker or ansvarsrett. The specific thresholds, including that detached buildings can have up to 50 m² UFA/BYA, are set in byggesaksforskriften (SAK10) § 4-1. The tiltakshaver must check that TEK17, the applicable reguleringsplan (zoning plan), byggegrenser (building lines) and distance requirements are met. Many municipalities still require such work to be reported for recording in the matrikkel, and a ferdigattest (completion certificate) or midlertidig brukstillatelse (temporary permission to use) is not required for exempt work.
In organised development, a distinction is often made between the tiltakshaver company (typically a single purpose company that owns the site) and the parent group. Liability sits with the company actually named as tiltakshaver in the application, not with the group. Check who is listed as tiltakshaver in the municipality's Saksinnsyn before you bid on a development site.
In Placepoint, you find historical building cases and which company was the tiltakshaver in Saksinnsyn, available from the property panel on each eiendom (property).
How this looks in Placepoint
In Placepoint, you find this in Saksinnsyn:
From Placepoint's glossary: Tiltakshaver
More information: Lovdata: Plan- og bygningsloven § 23-2, Lovdata: Plan- og bygningsloven § 23-1, DiBK: Byggesaksforskriften (SAK10)
English: Developer (project owner under plan- og bygningsloven).
Frequently asked questions
What is a tiltakshaver?
A tiltakshaver is the person or business on whose behalf building work is carried out. The tiltakshaver is the client towards the municipality and carries the basic responsibility for making sure the work meets the plan- og bygningsloven.
What is the difference between a tiltakshaver and an ansvarlig søker?
The tiltakshaver is the client that owns the project financially and legally. The ansvarlig søker is the company with central approval that represents the tiltakshaver towards the municipality and coordinates the other responsible companies. A private individual can be a tiltakshaver, but not an ansvarlig søker without meeting the qualification requirements.
What is the difference between a tiltakshaver and a byggherre?
Tiltakshaver is the term used in the plan- og bygningsloven and concerns the building case with the municipality. Byggherre is the term used in the byggherreforskriften and concerns health and safety responsibility on the building site. A professional developer is usually both, while a private individual building a garage is normally only a tiltakshaver.
Can a tiltakshaver submit the application themselves?
For work exempt from the application requirement, the tiltakshaver can handle it themselves. For work that needs an application, the tiltakshaver must appoint an ansvarlig søker, unless the tiltakshaver is a qualified company.
Who is responsible if the building was put up unlawfully?
The tiltakshaver is the party the municipality directs orders, coercive fines or demolition decisions against. The responsibility follows the property on sale, so a new owner may have to clear up unlawful work left behind by the previous tiltakshaver.