Lag om riktlinjer för kommunala markanvisningar

Detta är en Uppsats för yrkesexamina på avancerad nivå från Lunds universitet/Fastighetsvetenskap

Sammanfattning: This master thesis evaluates the outcome of the Law (2014:899) on guidelines for municipal land use that were adopted in 2015. According to this, all the municipalities who work with the land allocation processes, must adopt guidelines for this process. The law does not regulate in detail and it is therefore open for interpretations. The reason to adopt the law was to increase transparency, predictability and competition among developers, but also to be a good support for the municipalities. The law was passed as a consequence of the massive criticism that had been made towards the system of land allocation. This was said to be unpredictable and it has been questioned whether the system promotes competition and equality. The work was initiated with a theoretical study and then an empirical study was conducted in three parts. In the first step, guidelines from 189 municipalities were studied to see what each of the guidelines regulates. In the second step, agreements for land allocation were requested from twelve municipalities to see whether the regulations in the agreement corresponded with the guidelines. In the third step, the regulation for social sustainability in the guidelines and the agreement for land allocation were compared with the contract of sale. The study also aims to identify the risks that a land allocation entails for a developer. Most municipalities do not give any compensation if the project is terminated and the developer is expected to invest large resources on projection, geological surveys and the development of zoning plan for instance. This causes the developer to take a great risk when working with land allocation. Regarding the social commitments, the study shows that tenure is the most common commitment in the contracts. Another common demand is that the municipality wants to rent apartments for their social work. The conclusion from the study is that most of the guidelines are general and this results in lack of transparency and predictability for the developer. General guidelines make it easy for the municipality to follow them and most of the guidelines are also followed in the agreements, but there is an increased risk that the agreements vary a lot from case to case.

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