Medfinansieringsersättning - kommunens respektive exploatörens perspektiv

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

Sammanfattning: Investments in infrastructure normally lead to better accessibility, a better location, increased building rights and an increase in the value of the properties that are located near to the infrastructure. Increases in value that arise as a result of public investments should be returned to the public sector through value capture. A value capture method is co-financing compensation which according to Swedish law means that developers, whose properties can be assumed to increase in value as a result of an investment made by the state or an inter-municipality, can pay compensation to the municipality for the co-financing provided by the municipality to the state or the inter-municipality for the infrastructure. The only requirement for a municipality to be allowed to negotiate with a developer about co-financing compensation is that the property can be assumed to increase in value, otherwise there are no regulations on how large the compensation should be, what it should be based on, when it should be paid, which developers who must pay, how the benefit is to be demonstrated, etc. The method does not cover municipal investments, and therefore it’s unclear how such projects should be funded. The study aims to investigate and describe co-financing compensation, how municipalities apply it and which experiences and opinions a couple of real estate companies have about the method. The aim is to clarify the uncertainties that exist regarding the application and that municipalities should be able to be inspired in their work. In addition, the work examines how municipally run projects should be financed and whether it is possible to apply co-financing compensation to such projects. The study is conducted through a qualitative method and in addition to a literature study, an empirical study is also conducted which is divided into two questionnaire studies, one among all Sweden's municipalities and one among a couple of real estate companies. The study is also conducted through semi-structured interviews with two Swedish municipalities and two real estate companies. The conclusion of the study is that quite few municipalities use the method of co-financing compensation. Only half of the municipalities who co-finance state infrastructure, use co-financing compensation. In cases where this is done, the compensation is normally based on gross floor area and the benefit is usually obvious if the infrastructure enables development or is of direct benefit for a future development. It’s important for developers that the infrastructure is beneficial to them if they are going to pay co-financing compensation. Negotiations usually take place in parallel with the planning work and in connection with the land development agreement. Developers think the negotiations work well, as long as the municipalities’ ways of working are predictable. The geographical area that can be assumed to increase in value and which thus has to pay co-financing compensation is defined primarily on the basis of who benefits from the infrastructure. When determining the paying area, existing conditions should be taken into account, such as the environment, security, target group and the existing infrastructure. A few municipalities compensate the developer if the infrastructure, for which co-financing compensation has been provided, is not built. The companies, on the other hand, want such compensation or insurance regarding the implementation of the project. According to law, co-financing compensation is only applicable to state or inter-municipality infrastructure projects and thus neither to municipal projects nor facilities other than transport infrastructure. Municipal projects should be financed with other customary fees. In some cases, there are difficulties in applying these fees and therefore there is a need for either a change in existing law or a new law that allows co-financing compensation for municipal projects.

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