Municipality plan and zoning plan: which applies where?

The municipality plan (kommuneplan) and the zoning plan (reguleringsplan) have different purposes and different levels of detail. In this article we look at what characterises the two, and the differences between them.

The municipality plan

The municipality plan is the municipality's overarching governance tool. The land-use element of the municipality plan (arealdel), with its plan map and provisions, can be decisive for what you can develop. Here you will gain insight into what a municipality plan consists of, what you should look into, and which restrictions you may come up against.

Can I do whatever I want on my plot? What guidelines has the municipality set? The municipality's many plans and regulations can be decisive for what it is possible to develop on a plot. It is easy to get lost among the various plans, and there are a number of details that are decisive for the development potential. The two most important plans you need to take into account are the municipality plan and, where one exists, the zoning plan.

Each municipality decides on and adopts its own municipality plan, typically for 10-20 years at a time, and it is reviewed every 4 years.

The land-use element of the municipality plan

In the land-use element of the municipality plan, the municipality sets the framework for future development and lays down specific rules/frameworks for how land within an area may be used, or what kind of buildings and land-use purposes may be permitted. The land-use element of the municipality plan can be decisive for property development in a given area. The land-use element is used as a governance tool both to show areas where the municipality wants to make a particular planning effort, and to illustrate areas that it is important to manage in particular ways. The land-use element establishes, with binding effect, the future use of the various areas, cf. plan- og bygningsloven § 11-6. It provides the basis for preparing more detailed plans for individual areas, and for making decisions in individual cases in line with municipal objectives and national land-use policy. The land-use element must contain:

• Plan map
• Planning description
• General provisions

Zoning plan

A zoning plan is a public-law decision made by the municipal council, setting the framework for how a more precisely defined geographical area within the municipality may be used and built on. The plan consists of a map with zoning provisions specifying the use, protection and design of land and the physical surroundings, cf. plan- og bygningsloven §12-1. The level of detail depends on the purpose of the plan, and on whether further detailing is needed for parts of the plan as the time for development approaches. The zoning plan establishes how, and for what purposes, the land within the plan may be used, along with any conditions attached to that use.

Under plan- og bygningsloven §4-2, all proposed plans under the Act must, when put out for public consultation, include a planning description setting out the plan's purpose, main content and effects, as well as its relationship to the frameworks and guidelines that apply to the area.

Zoning plans/area zoning plans with a further requirement for detailed zoning

• Area zoning plan (områderegulering)

Must be prepared by the municipality if the municipality plan's land-use plan requires it; this generally applies to larger areas that require joint planning between landowners and public bodies to achieve sustainable urban development. Typically this applies to town-centre areas, new local centres and larger new residential development areas. The area zoning plan sets the outer framework for development and often imposes further requirements for detailed zoning of individual ‘sub-areas’.

• Detailed zoning plan (detaljregulering)

This is a plan for carrying out building and construction projects, multiple use and conservation. Detailed zoning is to be used to follow up the outer framework of the land-use element of the municipality plan (and any area zoning plan) and go down to ‘detail’ level for the individual plot/building site.

When does the municipality plan take precedence over the zoning plan?

The main rule is that zoning plans take precedence. Each municipality can itself decide, in the land-use element of the municipality plan, in which cases the municipality plan takes precedence; typically this applies when a conflict arises between ‘older’ adopted zoning plans and the land-use element of the municipality plan, in which case the municipality plan will take precedence.

Zoning plans are more detailed than the municipality plan, and give a more precise description of what can be built, what can be done with the property and what is regulated by law in a particular area. Once a zoning plan has been adopted and has entered into force, it is legally binding and takes precedence over the municipality plan, and all applications for building permits and other forms of development of the area must be in line with the zoning plan.

The municipality plan provides direction and a framework for the municipality's long-term development, but it is the zoning plans that set out the detailed rules for what can be done in a particular area. The municipality plan and the zoning plan must be consistent with each other, and the municipality will ensure that zoning plans are in line with the municipality plan.

Key differences between the land-use element of the municipality plan and the zoning plan

• The land-use element of the municipality plan is an overarching plan, whereas the zoning plan is a more detailed plan.
• The land-use element of the municipality plan does not provide grounds for expropriation. A zoning plan can provide grounds for expropriation.
• The municipal council's decision on the land-use element of the municipality plan cannot be appealed. Zoning plan decisions can be appealed.
• The municipality plan process has less extensive notification requirements towards private parties than the equivalent process for a zoning plan.
• The land-use element of the municipality plan does not allow conditions to be set for development and land use to the same extent as zoning plans with their associated provisions.
• The municipality plan has less scope for subdividing certain land-use purposes and does not allow different main purposes to be combined.
• A zoning plan can contain considerably more detailed provisions than a municipality plan.