Bygglov och markrättigheter

Sammanfattning: To change the features of a existing building or to build a new building a building permit is needed. The building department at the municipality decides about building permits. The building departments inspection of the applied building permit are a public law inspection and are limited by the Planning and Building Act. Civil rights as ownership and easements are not to be included in the building departments examination. However, two articles which were introduced in the Planning and Building Act in 2011 and 2015 may have given another view on civil rights. According to the article introduces in 2011 the property owner needs to be informed and heard during the permit process if he or she isn’t the one that applied for the permit. The article introduced in 2015 means that if the permit would mean a minor exemption from a zoning plan which also means that a entitlement are restricted then the permit is to be denied. But how are civil land rights meant to be dealt with in other situations during the building permit process? What are the legal prerequisites and how are the building departments handling these rights in practise? The thesis can conclude that there isn’t any legal support to include civil rights in the building permit process, apart from the two exceptions introduced in 2011 and 2015. Therefore, a building permit should be granted however the impact on civil land rights. The building departments are in contrary letting civil land rights affect the decision of granting or denying permit which leads to inconsistent processing and creates considerable legal uncertainty.