Planning, Zoning and Building

At DLA Piper, we advise public and private sector clients on the multitude of regulatory issues involved in planning and use of areas. Our team of lawyers in this field is highly specialised and knows how to incorporate both commercial aspects and stakeholder interests into their advice.

Our legal advice includes everything, from the start of the planning process via any impact assessments, development agreements, reimbursement, expropriation, building application, liability law issues until completion. We have very good knowledge of the construction industry and insight into commercial trader's needs. We collaborate with architects, engineers and other consultants if this can contribute to the best possible result for the client.

Zoning and Planning Law Permits

Norwegian strategic planning/ zoning is governed by a combination of statutory law and governmental policy. The main legislative framework for planning and building permits is the Planning and Building Act (Plan- ogbygningsloven), along with appurtenant regulations.

The law allows the state, county and municipality to regulate land use within their area of responsibility. In turn, responsibility for regulating the development and use of property lies with the county and municipal authorities. A certain amount of national political influence also exists by way of guidelines and statements contained within government White Papers.

The municipalities have an obligation to control local urban development by creating municipal master plans (kommuneplan), zoning plans (områdeplan) and detailed zoning plans (detaljregulering).

The municipal master plans set out the superior guidelines in relation to zoning, along with detailed zoning plans and national and local guidelines and targets for the planning and building sectors in each municipality. The municipal master plan must cover all geographical areas within the municipality.

A zoning plan sets out guidelines for land use within a smaller geographical area, and is used if demanded in the municipal master plan.

The detailed zoning plan outlines the detailed terms of land usage in a small geographical area, often consisting of just a few pieces of real estate. The terms of land use can focus on the type of development permitted, building height and size, aesthetic qualities, restrictions on the use and development of property, order of development and parking provisions.

A building permit is required to build or make significantly alternations to an existing building. The municipality can refuse building consent if the proposal is not in accordance with the Planning and Building Act, appurtenant regulations, or the stipulations of the zoning plan or detailed zoning plan. However, the planning and building authorities may grant a dispensation and allow a project to commence even if it is not in accordance