Regulation of land use and building activities Eidar Lindgren Real Estate Planning and Land Law

Requirements of land use and building activities – Who decides? The State areas/places of national interest The National Board of Housing – building regulations interior design of buildings technical qualities/construction The Municipalities – Plans and Building Permits land use and building location – in accordance with national interest exterior design of buildings

Areas and resources of national interest are defined by national sectorial authorities The Swedish Environmental Protection Agency The Swedish National Heritage Board The Swedish Energy Agency and others ……. .. in accordance to requirements in the Environmental Code

Environmental Code (EC) Areas and resources of national interest An example: The Swedish Energy Agency is responsible for defining areas of national interest for energy production by wind turbines

Areas and resources of national interest The County of Stockholm Nature conservation Outdoor life The Swedish Environmental Protection Agency Heritage protection The Swedish National Heritage Board

Regulation of land-use and building activities at the municipal level Planning and Building Act (PBA) ”Planning the use of land and water areas is a matter for the municipality” That is, the municipality decides where, when and how change of land-use may take place - within the framework provided by the PBA and the EC. The state (the County Administrative Board) can only intervene in situations defined in the PBA.

Technical construction of buildings Requirements in the PBA - mechanical resistance and stability - safety in case of fire - protection with regard to hygiene, health and the environment - safety in use - energy management and thermal insulation and more … These technical demands are specified in building codes decided by the National Board of Housing

The planning and permit system at municipal level is regulated in the Planning and Building Act (PBA) Comprehensive Plan Not legally binding Detailed Plan Legally binding Building Permit Legally binding

The Comprehensive Plan Each municipality shall have a current Comprehensive Plan, which covers the entire municipality.

The Comprehensive Plan The plan is not binding. It can be overruled by subsequent Detailed Plans and Building Permits. It shall indicate: The fundamental features of use of land and water - a balance of different public interests How the municipality intends to safeguard national interests

Comprehensiv Plan

Elaboration of the Comprehensive Plan

The Comprehensive Plan – Planning process Consultations with the County Administrative Board municipalities that may be affected other authorities and associations Public exhibition during at least two months The Municipal Council adopts the plan

The Detailed Plan A Detailed Plan is mandatory for urban land development

The Detailed Plan Defines areas for: Development Public places

The Detailed Plan    define permitted land use (dwellings, industry, commerce…) regulate the extent of building, siting of buildings and exterior design of buildings binding by law at permit examination - landownwer has a right to build in accordance with the plan   cause for implementation (land acquisition, road building..)

The Detailed Plan Planning documents Map (binding) Regulations (binding)

The Detailed Plan Planning Documents The Plan Description shall include reports of: the purpose of the planning regulations planning prerequisites the measures needed to implement the plan the plan's impact on affected landowners In some cases, there must be an environmental impact statement There can also be aesthetic design programs etc.

General rules for the preparation of a Detailed Plan The Planning and Building Act regulates the types of provisions that are - mandatory provisions - optional provisions The municipalities must not impose their own sets of rules

The Detailed Plan period for implementation The plan must specify a During the implementation period The plan may be changed against property owners' wishes if there are: “new circumstances of great public importance, which could not be foreseen when the plan was adopted”. The property owner then is entitled to receive compensation for reduced development rights. When the implementation period has expired The plan may be changed without the above limitations. Property owner is not entitled to receive compensation for reduced development rights.

The planning process A vision to transform an old industrial area into a residential area….. Liljeholmskajen, Stockholm The Planning and Building Act provides a framework for the work that will culminate in a legally binding plan.

The planning process Project Idea 4months Preliminary respons No Yes Program not mandatory Consultation Prel.planproposal Final planproposal Examination Approval The Municipal Council Appeal? State intervention?

Appeals against the plan Who can appeal? ”The concerned party”, i.e. mainly landowners and residents within, or directly adjacent to, the plan area. Since 1 juni 2016, directly to Land and Environment Court County Administrative Board Land and Environment Court Leave to appeal Supreme Land and Environmental Court Leave to appeal Supreme Court

in the municipal decision-making State intervention in the municipal decision-making PBA The County Administrative Board shall annul the municipality´s decision to adopt a detailed plan if the decision: will not satisfy a national interest affect another municipality and does not provide a suitable co-ordination leads to a built environment that is unsuitable with regard to health or the need for protection against accidents, flooding, erosion ….and in some other cases listed in the PBA

Building Permit granted by the municipality – the Building Committee

Building Permit building permits are required primarily for erect a building make extensions to a building use a building for a different purpose additional residence, additional premises for enterprising  

Building Permit Requirements for the issuing of building permits - area covered by a detailed plan The application shall be approved if the proposal:   complies with the detailed plan minor deviations from the plan may be accepted, when affected neighbours have been given the opportunity to comment on the application meets the general requirements in the Planning And Building Act regarding exterior and interior design