Detaljplaner som inte har reglerat byggrätten - Hur bedöms dessa planer vid en bygglovsprövning?

Sammanfattning: The thesis examines detailed development plans and what position detailed development plans have in a future examination of building permits. In the light of a legal dogmatic method, the purpose is to examine if any problems arise when a detailed development plan does not contain building regulations. Since detailed development plans are valid until they are changed or repealed, there are many existing detailed development plans in Sweden that are outdated. The thesis therefore studies the content and the purpose of older detailed development plans and finds that it is more common that the older detailed development plans do not contain building regulations. In order to obtain a building permit, the measure must fulfill two cumulative requirements according to the Swedish Planning and Building Act. The measure must merge into the existing buildings in the area (Chapter 2, Section 6, Paragraph 1, Point 1 of the Swedish Planning and Building Act) and must secure that it does not cause any significant negative impact (Chapter 2, Section 9 of the Swedish Planning and Building Act). The thesis identifies that the assessment of these two requirements differs depending on whether the detailed development plan has building regulations or not. For detailed development plans that contain building regulations, the property owner is not forced to limit the size of the building. For detailed development plans that lacks building regulations and therefore does not have a regulation of maximum permissible building, case law shows that the buildings permitted volume shall be assessed on the basis of the requirement in Chapter 2, Section 6, Paragraph 1, Point 1 of the Swedish Planning and Building Act. Case law also shows that granted building permits are often appealed by neighbors or others who feel concerned with provisions other than those stipulated in Chapter 9, Section 30 of the Swedish Planning and Building Act. The reasons for this have been, among other things, that many issues have not been considered in the older detailed development plans and must therefore be reconsidered in the coming examination of a building permit. However, case law shows that the legal practitioners are prevented from observing questions outside Chapter 9, Section 30 of the Swedish Planning and Building Act. The conclusion of the thesis, on the other hand, is that the framework needs to be widened, at least in regard to older detailed development plans since it is not clear what has been considered when they were established.