Annulment of area allotment

§ 14 Deadlines for utilisation of area allotments

14.1 There is a two-year deadline for utilising an area allotment for construction works that require a planning permission. The application for planning permission is to be submitted no later than one year after the granting of area allotment. The application for commissioning is to be submitted within two years of the date of area allotment, cf. to section 47 of the Act on spatial planning and land use. In case of major building or construction projects, the municipal council may extend the deadline for utilization of an area allotment to the area concerned for one year at a time (§ 46).

14.2 There is a one-year deadline for utilising an area allotment that does not require a planning permission (e.g. storage areas, fences and enclosures, playhouses).

14.3 An unutilised area allotment is annulled without notice if the stipulated deadline of the area allotment is exceeded. If the municipal council has granted an extended deadline for utilization of land allocation, cf. 14.1 above, the right of use of the area concerned may not be terminated unless the rights owner has failed to comply with a ruling for the usage of the area.

14.4 If a deadline is exceeded for a utilised area allotment, the municipal council takes step to bring matters into compliance, according to planning and area legislation.

14.5 The municipal council is under special circumstances allowed to extend the deadlines mentioned in sub-section 14.1 conserning large building- and construction projects, where it is considered that the holder of the area allotment can complete the project and can meet the stipulated terms and conditions for the area allotment, if the holder submits an application for extension of deadlines, including argumentation, before the expiration of the original deadline which is sought extended. The application is to include a documented time schedule and activity plan.

14.6 The municipal council is furthermore able to extend the deadlines mentioned in sub-sections 14.1 and 14.2 in connection with major construction works and technical facilities where it is not possible to complete design and execution in two years. Documented time schedule and activity plan are to be submitted.


Ministry of Housing - Memorandum :

On repossession of areas

tilbagetagelse_af_arealer_uk.pdf (251.7 KB)