Planning and Building Law

To commence construction, a building permit is generally required, which is a decision by the building committee confirming that a construction project complies with the requirements set forth in the Planning and Building Act and the relevant detailed development plan. The assessment of the building permit includes various aspects, such as the design, placement of the building, and its impact on the surroundings. It is also crucial that the construction adheres to the technical requirements stipulated by legislation, including safety, accessibility, and energy efficiency. A construction project may also require additional permits, such as demolition permits or excavation permits, depending on the project’s nature and scope.

General overview

Planning and building rights in Sweden are primarily governed by the Planning and Building Act (in swedish: plan- och bygglag (2010:900) “PBL”). The PBL aims to promote societal development with equitable and high-quality social living conditions as well as a sustainable and long-term living environment. A central aspect of the legislation is to ensure that land and water areas are used appropriately with regard to public interests.

According to PBL, municipalities have the primary responsibility for the planning of land and water areas within their jurisdiction. This entails that municipalities develop and adopt various types of plans, such as comprehensive plans and detailed development plans. The comprehensive plan is a strategic plan covering the entire municipality and outlines the direction for the long-term development of land and water areas. Detailed development plans are more specific and regulate construction within smaller areas. Through the detailed development plan, it is determined, among other things, how the land may be used, where buildings may be placed, and how buildings may be designed and utilized.

Building permits, excavation permits, and demolotion permits

A building permit is required to commence construction, which is a decision from the building committee that a construction project meets the requirements stipulated by the Planning and Building Act and the relevant detailed development plan. The assessment of the building permit encompasses various aspects, such as the design, placement of the building, and its impact on the surroundings. It is also important that the construction complies with the technical requirements specified by legislation, such as safety, accessibility, and energy efficiency. When assessing whether an action complies with a detailed development plan, the age of the plan is not considered. The existing detailed development plan remains in effect until it is replaced by a new plan or otherwise amended.

A construction project may also require additional permits beyond the building permit, such as a demolition permit or an excavation permit. The type of permit required depends on the nature and scope of the project. A demolition permit is necessary for demolishing a building or part of a building within a detailed development plan area, while an excavation permit is required for significant land works, such as excavation or land filling.

Municipalities are responsible for supervising construction activities and ensuring compliance with laws and regulations throughout the building process. This includes conducting site visits and inspections to verify that construction projects adhere to the granted building permits and other approvals.

Deviation from the detailed development plan

As a general rule, a building permit is not granted if the proposed action conflicts with the detailed development plan. However, in certain cases, the building committee may grant a deviation. Acceptable deviations may include 1) a minor deviation, 2) a deviation where the action is of limited scope and necessary for the area, 3) a deviation that addresses a significant communal need or public interest, and 4) a deviation that constitutes a suitable complement to the use specified in the detailed development plan.

If an action deviates from the detailed development plan, neighbors and other affected parties have the right to comment on the action, known as neighbor consultation. The neighbor consultation should include a brief description of the requested action and how it deviates from the detailed development plan.

We can assist you

We handle all types of cases related to planning and building rights and are happy to assist you with questions concerning the Planning and Building Act, including building permits, excavation permits, and detailed development plans. Contact us for further assistance.AD