Placepoint

Dispensation

A dispensation (dispensasjon) is the municipality's permission to depart from a rule in an act, regulation or zoning plan. If you want to build, demolish or change something that does not fit the rules in force, you have to apply for a dispensation. The municipality processes the application. It is typically a political case when the departure raises a matter of principle or is of a certain size, and an administrative case for smaller departures. Dispensation is the controlled exception: a flexible tool for solving specific adaptation needs without going through a full plan change.

The rules are set out in plan- og bygningsloven (the Planning and Building Act) chapter 19 (§§ 19-1 to 19-4). The main rule in § 19-2 is strict: a dispensation cannot be granted if the considerations behind the provision are substantially set aside, and the advantages of granting the dispensation must be clearly greater than the disadvantages. The application must give specific reasons and must be sent as a neighbour notification under plan- og bygningsloven § 19-1 (which refers to the procedure in § 21-3). The sector authorities concerned, for example Statens vegvesen, Statsforvalteren, Riksantikvaren, NVE, Mattilsynet or Bane NOR, must be given the chance to comment before the municipality makes its decision.

The 2021 amendment narrowed the room for discretion further. The municipality must now give particular weight to the consequences of the dispensation for health, the environment, protection of farmland, safety and accessibility, and the advantages must be weighed against national and regional interests. Practice shows that dispensations in the shoreline zone (the 100 metre belt under plan- og bygningsloven § 1-8), in LNF areas (agriculture, nature and outdoor recreation) and close to cultural heritage sites or national roads are treated particularly strictly.

A dispensation is an individual decision under the Public Administration Act. A neighbour, a person living opposite or an affected state body can appeal it to Statsforvalteren within three weeks. The decision applies only to the specific measure and does not stand as a right for later projects, unlike a formal plan change that alters the zoning plan for the whole area. Planning managers often recommend a plan change where the departure raises a matter of principle or is asked for often. Repeated individual dispensations in the same area can look like "planning by stealth" and be set aside on appeal.

If an objection comes from a state or regional body, the municipality loses the power to decide the case on its own, and the question is lifted to mediation with Statsforvalteren or to the Ministry of Local Government and Regional Development. Direktoratet for byggkvalitet (DiBK) publishes case processing guidance, and summaries of administrative practice are available from Sivilombudet.

In practice, dispensation is one of the most used routes for developers who want higher utilisation, different heights or different land use purposes than the zoning plan allows. Even so, it is risky to build a project's finances on an expectation of a dispensation: the decision is discretionary, it can be appealed, and it can lose value if the municipality later tightens its practice.

In Placepoint you can follow dispensation applications in an area through Case records and set up monitoring that alerts you when something new happens on a property or in an area you follow.

How it looks in Placepoint

In Placepoint you find this in Case records:

Dispensation in Placepoint

From Placepoint's glossary: Dispensation

More information: Lovdata: plan- og bygningsloven chapter 19, DiBK: case processing, Sivilombudet: dispensation practice, Store norske leksikon: dispensasjon

Norwegian: dispensasjon (from plan or building rules).

Common questions we come across

What is a dispensation under plan- og bygningsloven?

A dispensation makes it possible to depart from rules in an act, a regulation or a zoning plan. It requires an application to the municipality, and a dispensation can only be granted if the advantages clearly outweigh the disadvantages.

When can you apply for a dispensation?

You can apply for a dispensation when you want to build or change something that conflicts with the zoning plan in force or with plan- og bygningsloven, and there are particular reasons in favour of an exception.

What does the municipality assess in a dispensation application?

The municipality assesses whether the considerations behind the provision being departed from are substantially set aside, and whether the advantages of the dispensation clearly outweigh the disadvantages. National and regional interests carry weight.

What is the difference between a dispensation and a zoning change?

A dispensation is an individual decision for a specific measure, while a zoning change is a formal planning process that changes the plan itself for an area. A zoning change takes more time, but gives a more lasting legal status.

Can a dispensation be appealed?

Yes, a dispensation decision can be appealed by neighbours, people living opposite and affected state bodies. Statsforvalteren is the appeal body for municipal dispensation decisions under plan- og bygningsloven.