Ett enklare exploateringsavtal? - En studie av PBL 6:40

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

Sammanfattning: Sweden’s Planning and Building Act has been updated several times since it was introduced, and the most recent updates entered into force on 1st January 2015. One of the changes is that for the first time, in the 6th chapter 40th section, the contents of land development agreements are regulated in law. However, how the new law section shall be interpreted and used in practice is unclear. This master thesis studies how the law section should be interpreted, focusing on “necessary undertakings” for a detailed development plan and the legal concept “reasonable relation” between a land developers undertakings and his “benefit” of a detailed development plan. Another analyzed amendment of the law is that the Cadastral Authorities shall “give advice” regarding the application of PBL 6th chapter 40 § in the consultation phase of the detailed development plan. The conclusions of this study are that the whole law section requires more explanation, from the government or through court verdicts, to become applicable in practice. To interpret the law section one has to look at the problem it tries to deal with. With little guidance around how to interpret the law section, reasoning around its interpretation should be made from the perspective of the problem it tries to deal with. The Cadastral Authorities ought to, prior to their advice, demand drafts of the land development agreement wherein the choice of cost distribution for public facilities is clearly presented and explained. The Cadastral Authorities ought to criticize a cost distribution only in case of obvious transgression. As there probably won’t arise any or very little case-law regarding this, it is my opinion that it falls to the Cadastral Authorities to clarify the meaning of the law section. They ought to set up guidelines to clarify how they will act in their counsel and how they deem the law should be interpreted.

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