Placepoint

Midlertidig brukstillatelse

Midlertidig brukstillatelse (temporary permission to use) is the municipality's decision allowing a building to be taken into use before a ferdigattest is in place, provided that only minor work remains and that the building is safe to use. The permission has its basis in plan- og bygningsloven, section 21-10, third paragraph and is typically used when a developer needs to hand over a home, an office building or a retail unit on the agreed date even though external works, facade treatment or minor technical details are not fully finished.

Three conditions must be met before midlertidig brukstillatelse can be granted. It must be safe to take the building, or the relevant part of it, into use; the remaining work must be described and given a deadline; and the municipality must find that safety, fire protection and health requirements under TEK17 are met for the functions being taken into use. The permission sets a deadline for completion, normally 6 to 12 months, and can cover all or part of the building. It is not unusual for a block of flats to receive midlertidig brukstillatelse section by section or floor by floor as each part is ready.

The application is submitted by the ansvarlig søker together with documentation showing that the relevant parts meet the byggteknisk forskrift and that the remaining work is described in concrete terms. The municipality can set specific conditions: sequencing requirements for, say, snow clearing, temporary access, fire alarms, or a bank guarantee that the remaining work will actually be completed. The tiltakshaver is responsible for meeting the deadline and for applying for the final ferdigattest as soon as the work is finished.

Midlertidig brukstillatelse is not a permanent decision. It replaces the ferdigattest for a limited period, but it obliges the tiltakshaver to complete the work. Poor follow-up is one of the most common sources of unlawful-condition cases after a building has been taken into use: the permission to use is granted, the deadline runs out, and nobody finishes the remaining work. The municipality can then issue an order to rectify under plan- og bygningsloven, section 32-3, impose a coercive fine or, as a last resort, prohibit continued use. For a buyer who later takes over the building, a missing ferdigattest is shown in Kartverket's matrikkel information and can trigger a defect claim under avhendingsloven, section 3-7 if the seller has not disclosed it.

The process fits together as follows. Byggetillatelse (or rammetillatelse plus igangsettingstillatelse) is granted before construction starts. Once the construction work is finished, the ansvarlig søker applies for a ferdigattest. If the whole project is not ready in time, the municipality can instead grant midlertidig brukstillatelse for part or all of the building, with a deadline for completion. Only when all remaining work is finished and documented is the final ferdigattest issued. The project is only lawfully in permanent use from the ferdigattest, not from the midlertidig brukstillatelse.

Midlertidig brukstillatelse is especially common for new blocks of flats, office and retail property and terraced-house projects where external works, planting, asphalting and facade finishing depend on the season and on logistics. Banks normally accept midlertidig brukstillatelse as a basis for converting the byggelån to long-term financing, but they can require the remaining work to be insured or covered by a retained final payment.

In Placepoint, temporary permissions to use are shown in Saksinnsyn alongside other building-case decisions for each property. A missing ferdigattest combined with an expired midlertidig brukstillatelse is typically something an estate agent, property manager or buyer should check before bidding.

How this looks in Placepoint

In Placepoint you find this in Saksinnsyn:

Midlertidig brukstillatelse in Placepoint

From Placepoint's glossary: Midlertidig brukstillatelse

More information: Lovdata: Plan- og bygningsloven, section 21-10, DiBK: Ferdigattest og midlertidig brukstillatelse, Kartverket: Matrikkelen

English: Provisional permission to use (per Plan- og bygningsloven).

Common questions we come across

What is midlertidig brukstillatelse?

It is the municipality's decision allowing a building to be taken into use before a ferdigattest is in place, provided that only minor work remains and that the building is safe to use. Legal basis: plan- og bygningsloven, section 21-10.

What is the difference between midlertidig brukstillatelse and ferdigattest?

Midlertidig brukstillatelse is time-limited and assumes that the remaining work is finished by the deadline. The ferdigattest is the permanent decision marking that the project is finally complete.

How long a deadline does the municipality give?

Normally 6 to 12 months, set out in the decision itself. The tiltakshaver is responsible for finishing the work and applying for a ferdigattest before the deadline.

What happens if the deadline is missed?

The municipality can issue an order to rectify under plan- og bygningsloven, section 32-3, impose a coercive fine or, in the most serious cases, prohibit further use until the work is finished.

When is midlertidig brukstillatelse used?

It is common for new blocks of flats, office buildings and retail property where external works, facade improvements or minor technical details are not ready by the agreed handover date.