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

2. 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

3. 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

4. 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

5. 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

6. 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.

7. 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

8. 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

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

10. 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

11. Comprehensiv Plan

12. Elaboration of the Comprehensive Plan

13. 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

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

15. The Detailed Plan
Defines areas for:
Development
Public places

16. 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..)

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

18. 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.

19. 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

20. 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.

21. 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.

22. 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?

23. 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

24. 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

25. Building Permit
granted by the municipality
– the Building Committee

26. 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

27. 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