Klimatanpassning- Fastighetsägares möjligheter att vidta gemensamma åtgärder

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

Sammanfattning: As a result of climate change, our society will need to start to adapt to the changing conditions. With these changes the risk of floods, races, spills and erosion along the coasts, lakes and streams of Sweden will increase. The need to take action to counteract these impending risks is strong but how is going to take responsibility for these actions? The purpose of the report is to investigate the property owners' ability to take common actions and what obstacles and limitations there are in the legislation. The Environmental Code contains actions that are considered to be water activities. In most cases water activities permission is required. Permission is tested either by the Land and Environmental Court or the County Administrative Board, depending on what kind the action it is. For actions that are not considered as land drainage, a prerequisite for approval is that the applicant is in own-ership of the water area. Availability of the water area is a process requirement, and when property owners are to conduct a water activities on someone else's property, availability must be solved by any kind of contract in the form of a contractual service, utility or through a property formation action, which creates an uncertainty for the property owner and the process itself is complicated if the property owners do not get along. Through the establishment of a joint facility, cooperation between property owners can be ensured. On the other hand, climate adaptions actions as a joint facility has a number of obstacles and limitations and a prerequisite is that property owners in this cases agree that actions needs to be taken. Another opportunity for property owners to take common actions is to establish a casement. Related to climate change, this is only possible for actions consid-ered as land drainage or for actions taken by the state or municipalities. In this report, legislation, investigations and other legal literature have been studied. In addition, case studies, based on joint units and casements of climate adaptation from the Lantmäteriet search service ArkivSök, were examined to analyze what action they took to counteract the climate change issue in these cases.

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