What is a zoning plan and what does it do?

The zoning plan (reguleringsplan) and the municipality plan are the most important plans that place significant constraints on the room for manoeuvre you have as a developer. In this article you can read more about zoning plans.

The content of the municipality plan and the zoning plan places strong constraints on what you as a developer can build. This article covers the zoning plan, We have written about the municipality plan in another article.

A zoning plan is a public-law decision made by the municipal council, which sets the framework for how a geographically defined area within the municipality can be used and built on. The plan consists of:

• Plan map
• Provisions
• Plan description

The zoning plan determines how, and for what purposes, the land within the plan can be used, as well as any conditions attached to that use.

Under plan- og bygningsloven §4-2, all proposed plans under the Act must, when made available for public inspection, have a plan description that describes the plan's purpose, main content and effects, and its relationship to the frameworks and guidelines that apply to the area.

Through the zoning plan, the municipality can ensure that private development is coordinated with important public and general interests, the interests of the community and various private interests. The function of the zoning plan is to help fulfil the purposes we want to achieve at a higher level through public land-use planning.

An adopted zoning plan is a political decision in which the municipal council weighs up various considerations and interests. An effective zoning plan process should develop proposed planning solutions, involve those affected in a relevant way, and provide a comprehensive basis for the municipal council's decision in the planning case. This applies regardless of whether the zoning plan has been prepared by the municipality itself or as a private plan proposal.

Plan map

The plan map must show content and legal effects clearly and unambiguously, with sufficiently accurate positioning suited to the purpose of the plan. The plan must clearly distinguish between plan data and the base map.

The plan map must contain the plan name, national land-use plan ID, legends, north arrow, scale ratio, scale bar and coordinate grid markings. The map must state which horizontal geodetic datum, vertical datum and map projection have been used, and the date and source of the geodata used in the base map. It must state who the proposer is, who prepared and, where applicable, revised the map, and include information on how the plan was processed. The legend must distinguish between symbols indicating legal effects and other information. Land-use plans consisting of several map sections must have a system for distinguishing and identifying the different sections and showing how they relate to one another.

Provisions

§ 12-7 of plan- og bygningsloven provides the legal basis for laying down zoning provisions for land-use purposes and consideration zones in a zoning plan. Provisions must always have a legal basis in plan- og bygningsloven.

Provisions without a legal basis in plan- og bygningsloven will be invalid. Invalid provisions cannot be used as grounds for refusing an application for a project, or to impose legally binding conditions on further detailed zoning or on specific projects.

The area to which a zoning provision applies in a zoning plan can be shown on the plan map in two ways:

• the provision can be linked to one or more land-use purposes in the plan
• the provision can be delimited by a consideration zone

In addition, zoning provisions can be laid down that apply to the entire plan area.

As a rule, it is the municipality itself that decides which representation to use to delimit an area where one or more provisions are to apply. The approach chosen makes no difference to the legal effect, as long as the provision safeguards the relevant consideration. The precondition for using a consideration zone is that it is permissible to lay down the desired provision for the consideration zone in question.

The provision must supplement the land-use purposes and consideration zones shown on the plan map.

To the extent necessary, a zoning plan may include provisions for land-use purposes and consideration zones on the following matters:

• degree of utilisation, design, including aesthetic requirements, and use of land, buildings and facilities in the plan area,
• conditions for the use of land, buildings and facilities in the plan area, or prohibitions on forms of use, including building lines, in order to promote or secure the purpose of the plan, balance interests and safeguard various considerations within, or out of regard for matters outside, the plan area,
• limit values for permitted pollution and other environmental quality requirements in the plan area, as well as measures and requirements for new and ongoing activities within, or out of regard for matters outside, the plan area to prevent or limit pollution,
• functional and quality requirements for buildings, facilities and outdoor areas, including requirements to safeguard health, the environment, safety, universal design and children's particular need for play and outdoor recreation areas,
• the number of homes in an area, maximum and minimum dwelling size, and more detailed requirements for accessibility and the design of the home where appropriate for special needs,
• provisions to safeguard heritage value in buildings, other cultural heritage sites and cultural environments, including protection of façades, choice of materials and interiors, as well as to safeguard habitat types and other valuable nature,
• traffic management measures and parking provisions for car and bicycle parking, including upper and lower limits for parking provision,
• requirements to make provision for the supply of water-borne heating to new buildings, and that there is an obligation to connect under § 27-5,
• guidelines for special operation and maintenance measures within land-use purposes nos. 3, 5 and 6 in § 12-5,
• requirements for a specific sequence for carrying out projects under the plan, and that development of an area cannot take place until technical infrastructure and community services such as energy supply, transport and road networks, social services, health and care services, kindergartens, open spaces, schools, etc. are sufficiently established,
• requirements for detailed zoning for parts of the plan area or specific types of project, and guidelines for such a plan,
• requirements for further investigations before the plan is implemented, as well as investigations aimed at monitoring and clarifying the effects on the environment, health, safety, accessibility for all and other public interests when implementing the plan and individual projects within it,
• requirements for the distribution of the plan-generated net increase in value from various joint measures within a specified part of the plan area in accordance with jordskifteloven § 3-30,
• which areas are to be used for public purposes or as common areas.

Plan description

Zoning plans prepared under plan- og bygningsloven of 2008 must contain a plan map, plan provisions and a plan description, cf. plan- og bygningsloven §4-2.

The plan description must be included in the municipality's planning register together with the plan map and zoning provisions, and it must be up to date with the planning solution adopted by the municipal council. When the plan proposal is sent out for consultation, the plan description must be included. If the plan description is deficient, this may constitute a procedural error.

The plan description must describe the plan's objectives, main content and effects, and be adapted to the scope of the individual planning case. The plan's provisions can be elaborated on and justified in more detail in the plan description. It is therefore important that the plan description gives an accurate and sound account of the plan proposal and how it changes and affects the plan area and its surroundings. It is important that the plan description brings out all aspects of the plan and describes the plan proposal accurately, to provide the best possible basis for participation and decisions.

It is important that the plan description gives a comprehensive account of the planning solution itself on which the final planning decision is based, because the plan description is to serve as a basis for later interpretation of the adopted plan. The description must also set out the considerations behind the planning approach and plan provisions, so that it can serve as a basis for interpretation when a dispensation is applied for. The plan description must therefore be updated after consultation, public inspection and subsequent plan processing, so that it then describes the planning solution that has been adopted.

The plan description must consist of a description of the following points:

• The purpose of the plan and the property and area it applies to
• Applicable overarching guidelines for the plan area and current planning status, including the plan's relationship to other plans that apply to the area and whether the plan is consistent with higher-level plans
• The planning solution with any alternatives
• The effects of the plan on the plan area and its surroundings, such as biodiversity, public safety, children and young people, etc.
• How the plan is to be implemented, including its relationship to sector legislation

Key principles for ensuring effective zoning plan processes:

• The zoning plan (the project) should be consistent with the land use set out in the land-use part of the municipality plan.
• The planning task and planning work must be given the right scope and level of detail.
• The premises for the planning work must be genuinely clarified, and early in the planning process.
• The planning process must involve affected authorities, landowners, interest groups, neighbours and others at an early stage.
• A professional basis must be prepared that is relevant to the various phases and decision stages of the planning process. This applies at the start-up and announcement of the planning work, in the work on developing planning solutions and necessary assessments, in the plan proposal sent out for consultation and made available for public inspection, and at the final consideration of the plan.
• The zoning plan must be unambiguous, clear and free of built-in conflicting objectives. The plan must be realistic and facilitate implementation

Private detailed zoning plans must be prepared by qualified professionals in accordance with plan- og bygningsloven, cf. plan- og bygningsloven §12-3.

Area zoning vs. detailed zoning

Area zoning is intended to provide the necessary clarification for an area where the municipality considers there is a need for it, whereas detailed zoning is a plan for carrying out building and construction projects, multiple use and conservation. Detailed zoning is to be used to follow up the land-use part of the municipality plan and any area zoning.

There are many similarities between the two, but there are also important differences relating to the primary purpose of the plan type and who can decide that the plan is to be prepared.

The choice of plan type will depend on the desired level of detail and the purpose of the plan. If the plan is to clarify the premises for a specific, defined project, detailed zoning will be well suited. If the plan is to clarify land use and important relationships across a larger area, area zoning will be well suited.

Detailed zoning is the “final” level in the planning hierarchy and the formal point of connection for private parties, so this is the last stage at which the details you want to fix in a plan can be set. An area zoning plan can require further detailed zoning for individual areas, whereas a detailed zoning plan cannot contain such requirements.

Characteristics and similarities/differences of the two types of zoning plan:

§12-2 Area zoning§12-3 Detailed zoningPrimary mattersArea-by-area clarification of land use, conservation and use. Main approach to infrastructure and blue/green structure. Basis for development agreements, e.g. in connection with transformation and densification.More detailed clarification for carrying out development projects, measures and use/conservation. Basis for development agreements.*Who can prepare it?The municipality prepares area zoning, but may leave it to other authorities and private parties to prepare proposals by agreement and in cooperation with the municipality. Authorities responsible for major transport facilities and technical infrastructure have special rules in pbl. §3-7.The municipality, project owners, private parties, project owner, organisations and other authorities have the right to put forward proposals, which the municipality may accept, amend or reject.Purposes and provisionsEssentially the same as for detailed zoning. Can require detailed zoning and joint planning.Essentially the same as for area zoning.DeadlinesNo deadline for sending out for consultation.Minimum consultation period of 6 weeks and a recommendation that processing be completed within 12+6 weeks after the consultation closes, cf. Pbl. §12-10.The municipal council must make a decision on the area zoning plan no later than 12 weeks after processing of the plan proposal is completed, cf. Pbl. §12-12.When planning work begins, a start-up meeting must be held if there is a private proposer. The municipality may decide that the planning initiative is to be stopped. This must be done as early as possible in the start-up phase, and no later than shortly after the start-up meeting. The proposer must be notified.Once the plan proposal has been received, the municipality must, as soon as possible and no later than within 12 weeks or another deadline agreed with the proposer, decide whether the proposal is to be put forward for public consultation, cf. Pbl. §12-11.If the municipality finds no reason to put the proposal forward, the proposer must be notified by letter within 3 weeks.The minimum consultation period is 6 weeks, and it is recommended that the decision be processed within 12 weeks after the consultation closes, cf. Pbl. §12-10.The municipal council must make a decision on the detailed zoning plan no later than 12 weeks after processing of the plan proposal is completed, cf. Pbl. §12-2.“Durability”*Until it is replaced by a new plan, but the municipality's right to carry out expropriation pursuant to the zoning plan lapses if the municipality's decision on expropriation has not been made within 10 years of the plan being announced, cf. Pbl. §16-2.If a building and construction project authorised by a private zoning proposal under pbl. §12-11 has not commenced within 10 years of the plan being adopted, the municipality must ensure that the plan is updated to the extent necessary. This must take place before a decision is made on a building application for new development areas under the plan, cf. Pbl. §12-4.Planning feeNoYes

Area zoning is prepared by the municipality, and this zoning governs development in a larger area. Detailed zoning can be prepared by the municipality, private individuals, developers, organisations and other authorities alike, but they must then comply with the municipality's higher-level plans.

Detailed zoning plans are plans for smaller areas, such as a single plot or a small site. All detailed zoning proposals must show the consequences of the proposal, include an assessment of whether the proposal follows up higher-level plans, and bring out which interests conflict and which have been prioritised. Qualified professionals such as urban planners and architects prepare the plan proposal. Plan- og bygningsetaten advises the professionals on what the plan proposal must contain, and sometimes puts forward its own alternative proposals.

When a zoning plan is to be drawn up, neighbours and others affected by the plan must be notified that planning work is starting. The deadline for submitting comments on the plan is usually three weeks.

Once the municipality has received a plan proposal, everyone must be given the opportunity to comment on it. At this stage, the plan proposal consists of detailed descriptions, maps, provisions and other assessments, as well as a text on how the municipality assesses the plan proposal. The deadline for comments is six weeks, cf. pbl §12-10.

Plan- og bygningsetaten and whoever prepared the plan proposal assess how any comments should affect the plan proposal. The proposer makes any changes and the municipality sends the final proposal to the municipal council for consideration.

Consultation and public inspection

Consultation and public inspection are required when a zoning plan is processed, cf. pbl §12-10 first paragraph. For private zoning plans, pbl. §12-11 applies. When the municipality receives private zoning proposals, it must, as soon as possible and no later than within 12 weeks or another agreed deadline, decide whether the proposal is to be put forward by sending it out for consultation and making it available for public inspection. The deadline starts to run when the proposal is received. A plan proposal must meet the requirements for a zoning plan, cf. pbl. §12-1, and this is therefore decisive for the deadlines to start running, cf. §12-10.

If the municipality finds no reason to put forward the private proposal, the proposer must be notified in writing within three weeks. If the proposal is consistent with the land-use part of the municipality plan or an area zoning plan, the proposer can demand that the municipal council review the refusal.

Consideration should be given to raising larger zoning plans and plans that conflict with the municipality plan in the regional planning forum at start-up or early in the planning phase. A private plan proposal may be considered for discussion in the regional planning forum if the municipality is considering stopping the plan proposal at start-up.

If an impact assessment is required for the plan, it must be included in the plan proposal.

Land-use purposes

Land-use purposes must be specified for the entire plan area. The land-use purposes can be divided into sub-purposes and combined with each other and with consideration zones.To the extent necessary, areas are specified for:

• Buildings and facilities,including areas for residential buildings, holiday homes, holiday homes, town centre purposes, shopping centres, shops, buildings for public or private services, leisure and tourism purposes, extraction of raw materials, commercial buildings, sports facilities, other types of facilities, outdoor recreation areas, cemeteries and urn groves
• Transport facilities and technical infrastructureincluding areas for roads, railways, airports, ports, the main cycle network, public transport network, public transport hubs, car parks, routes for specified technical infrastructure
• Green structure,including areas for natural areas, green corridors, open spaces and parks
• Defence,including areas for various types of military purposes
• Agriculture, nature and outdoor recreation purposes and reindeer husbandry, together or separately,including areas for agriculture, forestry, reindeer husbandry, nature conservation, farmland protection, special landscape considerations, protection of cultural environments or cultural heritage sites, outdoor recreation areas, summer mountain farm areas, and agriculture, nature and outdoor recreation areas where the land-use part of the municipality plan permits scattered residential, holiday home and business development
• Use and protection of the sea and watercourses, with the associated shore zone,including areas for traffic, fairways, fishing, aquaculture, drinking water, nature and outdoor recreation areas.

Plan- og bygningsloven §12-5 deals with land-use purposes in the zoning plan and establishes that land-use purposes must be specified for the entire plan area. In theory, a plan map can consist solely of land-use purposes and the plan boundary, but in most cases further detail will be appropriate. The land-use purposes should give the reader of the plan an initial, shared understanding of which functions the area can accommodate, what type of intervention is permitted, and what interests or hazards exist. Land-use purposes can be divided into sub-purposes and combined with each other, and with whatever consideration zones and lines, labels and point symbols are deemed necessary. Using only consideration zones or provision boundaries without specifying the underlying land-use purpose is not sufficient.

Consideration zones

Consideration zones from the land-use part of the municipality plan must be followed up in the zoning plan as land-use purposes or consideration zones with provisions. Consideration zones can also be shown in a zoning plan even if they are not shown in the municipality plan.

Several of the considerations set out in the land-use part of the municipality plan or the municipality plan can best be safeguarded as provisions and land-use purposes in the zoning plan. The zoning plan must show how the consideration is secured when the final land use is determined. The use of consideration zones should therefore be limited at zoning plan level.

Consideration zones can be used independently of land-use purposes. A consideration zone can cut across different land-use purposes and other consideration zones. Under plan- og bygningsloven §12-5, there must be one or more land-use purposes beneath a consideration zone.

In the zoning plan, a consideration zone delimits an area where a specific zoning provision with a legal basis in plan- og bygningsloven §12-7 applies. Under plan- og bygningsloven §11-8, consideration zones do not in themselves, at zoning plan level, provide a legal basis for controlling land use unless they are linked to the zoning provisions for the consideration zone.

Start-up meeting with the municipality

At start-up meetings, the parties must exchange information so that the initiator gets an overview of the opportunities and limitations that plan- og bygningsloven and applicable plans present for the development of an area. The start-up meeting must clarify whether the project requires an application and whether there is a need to apply for a dispensation from the applicable rules.

All topics needed to clarify the premises for further planning work and the design of the final plan proposal must be addressed at the start-up meeting.

Topics to be reviewed:

• How public safety, cooperation and participation are to be facilitated
• Whether the plan is covered by the regulations on impact assessments and, if so, how further work is to be organised until such an assessment is available
• Whether assessments on other specific topics are to be carried out. and whether the municipality or the proposer is to prepare the reports
• Assess whether joint processing of the planning and building case under pbl §12-15 is appropriate
• How the municipality will contribute during the planning work
• Clarify whether further dialogue meetings will be needed later between the proposer and the municipality
• Draw up an overall schedule for the planning work
• Clarify contact persons at the municipality and the proposer
• Clarify whether it is relevant to stop the planning initiative under pbl §12-8 second paragraph.

Building application

To obtain a building permit, you must first submit a building application. If the project complies with all laws and regulations, you will be granted a building permit. Several things must be done before the application is submitted to the municipality. What needs to be done, and what must be enclosed with the application, depends on the type of project. All building applications must contain at least:

• A description of the project applied for
• Drawings of the project on an up-to-date site plan, to scale
• Detailed drawings of all sides of the project (elevation, plan and section drawings), to scale
• Documentation that neighbours have been adequately notified, and any objections from neighbours
• Calculations of all areas and the utilisation rate
• Description in relation to applicable land-use plans, teknisk forskrift, veiloven, environmental considerations, ground conditions, water and drainage, etc
• Aesthetic statement
• Responsibility forms with an accompanying implementation plan

In addition to these points, the municipality can also request any documentation it believes it needs in order to assess the project against the rules.

Neighbour notification

There are different ways to send a neighbour notification. If you choose to send it digitally via Altinn, you will find which neighbours to notify in the application solution being used. If you send the neighbour notification on paper, you can ask the municipality for an overview of the neighbours.

The following must be notified:

• Neighbouring property, those that border your property. Opposite property, which is a property that does not directly border your property - but is separated by a road, street, river or other area.
• If there are several owners of the same area, they must be notified separately. Notification is required even if the neighbouring property is undeveloped; you do not need to notify tenants or lodgers.
• If the neighbour is a jointly owned property or a housing cooperative with a board, the board must be notified - but you do not need to notify the residents of the jointly owned property or housing cooperative.
• The municipality must be notified if the neighbour is a municipal property.
• If the application concerns demolition, those holding financial encumbrances on the property must also be notified.
• If others are affected by the building plans, the municipality can require that they also receive a neighbour notification.

Contents of a neighbour notification

• A description of what you intend to do. The descriptions must be clear enough for neighbours and opposite neighbours to assess whether they are affected by your plans.
• If it affects the neighbours or opposite neighbours - the notification must contain the same documentation as the building application.
• If the project requires a dispensation, this must be stated.
• A deadline must be given for any comments from the neighbours. This deadline must be at least two weeks after the notification has been sent and the necessary information provided.

It is recommended to fill in the building application and the neighbour notification at the same time, to make it easier to see what you need to include in the neighbour notification.

Comments on the building plans

The neighbours can submit comments within the deadline you have set. Depending on the type of comment, you must consider whether to:

• Change the project in line with the comments and notify the neighbours again
• Submit the building application as it is, with all comments and your own response to each individual comment

When the application is submitted, it must be accompanied by documentation that the neighbours have been notified, as well as an explanation of how any comments have been taken into account.

Dispensation

The main rule is that development must take place in accordance with and pursuant to an adopted plan. The municipality must grant an application for a building permit under §21-4 first paragraph if the project does not conflict with provisions laid down in or pursuant to plan- og bygningsloven. The project must therefore comply with applicable land-use plans and the substantive rules set out in the Act and associated regulations.If you want to alter or demolish something that conflicts with applicable laws, regulations or zoning provisions, you must apply for a dispensation from the applicable rules, cf. plan- og bygningsloven §19-1. A dispensation can be granted permanently or temporarily, and conditions can be attached to it, cf. plan- og bygningsloven §19-3 It is not possible to apply for a dispensation from the procedural rules.

How do you apply?

The application is sent as an ordinary letter together with the building application. In the application, you must state the reasons for applying for a dispensation.

The application must contain information on:

• Who the project owner and applicant are
• The address of the property
• What the project involves
• What you are applying for a dispensation from, and how large any deviation is
• Whether the project is temporary or permanent
• Notification to neighbours about the dispensation

The application must also include a site plan and drawings.

When can you get a dispensation?

• The considerations behind the provisions you are seeking a dispensation from must not be significantly disregarded, and the advantages must clearly outweigh the disadvantages. Advantages and disadvantages cannot be justified on the basis of personal circumstances, such as finances and space requirements.

The zoning plan in Placepoint

As this article illustrates, there are a number of aspects of a zoning plan that are very important to understand. Placepoint gives you easy access to zoning plans and municipality plans, and you can easily see the zoning purposes for both plans. You will also find a link to the municipality's plans for the area you are looking into. Here we depend on the municipality's own solution, but in the vast majority of municipalities you can easily find both the municipality plan and the zoning plan, with the plan map and applicable provisions.