Key Benefits:
Law on the session of the Order of the Order of the Fixed Property (Consession Act) mv. |
| Date | LO-2003-2003 11-28-98 |
| Ministry of | Agriculture and Food Ministry |
| Last modified | LAW-2015 -06-19-65 from 01.10.2015 |
| Published | In 2003 booklet 16 |
| Istrontrecation | 01.01.2004 |
| Changing | LOL-1974--05-31-19 |
| Announcement | |
| Card title | The Office of the Consession Act-Consumer. |
Jf. former law 31 May 1974 # 19.
The law has for purpose to regulate and control the restatement of fixed property to achieve an effective protection on the agricultural and such owner and use conditions most gagnating for society, blunner. to tigode :
| 1. | future generations need. |
| 2. | Agriculture. |
| 3. | The need for expansion grounds. |
| 4. | The regard to the environment, public natural protection interests and outdoorsy interests. |
| 5. | The regard to the settlement of the settlement. |
With the exception that follows by the law, fixed property cannot be inherited without the permission of the King (session). King's authority can be transferred to the municipality.
The law does not include the
| 1. | which are consession liquidating or that require the ordinance of law 14. December 1917 # 16 about the positions of water fall mv. Chapter I |
| 2. | which are consession liquidating after law 29. June 1990 # 50 Chapter 3 about production, reforming, transmission, revenue, distribution and use of energy m.o. |
| 3. | which has its basis in ecspoprication permit after law 19. June 2009 No. 101 on the erstice and mining of mineral resources (mineral law) Section 37 others joints and Section 38 other joints, |
| 4. | which is necessary for operation on the minerally instance when the server is submitting application for operating session after law 19. June 2009 No. 101 on the erstice and mining of mineral resources (mineral law) Section 43 and operating session are granted. |
The king can at regulation make exceptions from the session of the context of the session beyond what follows of Section 4, 5 and 7. When the frank consideration is present, the King can also in the individual case make exceptions from the context of the context of the context.
| 0 | Modified by laws 19 June 2009 # 101 (ikr. 1 jan 2010 ifg. res. 19 June 2009 # 673), 27 jan 2012 No. 1 11 (ikr. 16 March 2012 ifg res. 16 March 2012 # 225). |
Law's rules regarding the session also apply to foundation and transfer of rental and other similar uses over fixed property unless the court has been founded for a time of the maximum of 10 years, without entry for the user to demand contract time extended over this time period. The same applies to other rights over fixed property that involves the owner's access to raw over the property or to get the financial dividend of it becomes significantly narrowed. The foundation and the transfer of the outbuilding contracts of any species, herunder agreements on the forestage to conduct construction, involves the context of the session without consideration of duration.
Fixed property cannot be taken to the use of livable for longer than 3 years without the session.
The session is not required by the erstice of :
| 1. | Unbuilt single-room for housing or leisure houses, if the plot is not greater than 2 declines and is approved fragrante after the Plan and Building Law and the Earth Law. |
| 2. | unbuilt single-premises for housing or leisure houses that reside in an area as in the Municipal Area or Regulation Plan by Schedule and Building Law are laid out to construction and facilities, and where tomotshares have been made or approved by The building authorities. |
| 3. | other unbuilt Spaces, if they are located in an area that in regulatory plan is regulated to other than agricultural, nature and freelance purposes as well as reinpropulsion, or as in the municipal area's area has been laid out to construction and facilities. |
| 4. | built property, not over 100 acres, in which the thoroughland and the surface of the surface of the land are no more than 25 debar. |
The session freedom after first clause 1 and 2 are conditioned by the fact that the plot is being built within 5 years.
The session freedom after first clause 3 is conditional that the erver does not make use change in violation of the plan.
In areas regulated in regulatory plan, the consession freedom is after the first clause 4 conditional that the erver does not make use change in violation of the plan. The same applies when the property in the municipal plant's area has been laid out to construction and facilities or to agricultural, nature and freelance purposes as well as reinpropulsion. The session freedom after first clause 4 can be set out of force by regulation after Section 7 first clause.
| 0 | Modified by laws 27 June 2008 No. 71 (ikr. 1 July 2009 ifg res. 12 June 2009 # 638), 19 June 2009 # 98, see its IX (ikr. 1 July 2009 ifg res. 26 June 2009 No. 848). |
The session is not required when the server is :
| 1. | the owner's spouse, or is related to the owner or owner's spouse in the right uprising or down-ascending line or in the owner's or spouse's first sidebar and with children of siblings, or is in the brother-in-law with the owner in the right uprising line, provided the owner has its consession relationship in order. The context of the context can still follow by Section 7 other clauses. |
| 2. | model entitled to the property. |
| 3. | the state. |
| 4. | the county of the county or municipality where the property is located, if acquired applies to a property in space as being reselected by municipal plan or regulatory plan, and the property in the plan has been outset to other than agricultural territory or acquired is happening at exspoprication. A municipal tomato company in which the municipality has at least half of the capital and majority of the board, equal to the municipality when it comes to accounting freedom after this number. |
| 5. | bank or other institution that the King has approved in this context, when acquired is happening through foreclosure to save a foraging that the erver has panterett for in the property. The estate must be sold on within two years. The deadline is counted from the stationable auction of the auction bid and can be extended by the ministry. |
At the land of the arch-built property where full-grown animal and flood yrka soil is more than 25 acres, or the property consists of more than 500 debar productive forest, the consession freedom is after first clause 1 and 2 conditioned by the erver of the erver settlement on the property within one year and even inhabited it for at least 5 years. As built property is considered here property with settlement that has been or has been used as a full-time residence. The same applies to property of settlement that has not been applied as a full-time residence, herunder property with settlement under entry if permission for settlement has been provided with aim for housing purposes. Erenlisting reliving spouse property from his late spouse who owns or by unchanging, the living space shall be reliving has conducted before the takeover is counted against the duty of duty.
The first and second clause applies to the equivalent of covemen in marital-like relationships. As cohabitating after the determination here, covemen are considered to be the terms of the rules of the Act of Section 28 a.
| 0 | Modified by laws 27 June 2008 No. 71 (ikr. 1 July 2009 ifg res. 12 June 2009 # 638), 19 June 2009 # 98, see its IX (ikr. 1 July 2009 ifg res. 26 June 2009 No. 848). |
The Erenlista who after Section 5 other joints have been living in place of property, shall take the property as its real residence. A property has been taken as real residence if the owner has registered residence on the property by rules determined in or in the co-hold of law 16. January 1970 # 1 about the population registration.
| 0 | Modified by law 19 June 2009 # 98, see its IX (ikr. 1 July 2009 ifg res. 26 June 2009 No. 848). |
For property retaken by the exception in Section 4 first clause 2 or 4, the King at regulation can set the consession freedom after Section 4 first clause 2 or 4 and Section 5 first clause 1 out of force for :
| 1. | -built property that is or has been in use as a full-time residence, |
| 2. | property of settlement that has not been applied as a full-time residence, herunder property with settlement under entry, in areas that in regulatory plan after plan-and building laws are regulated for housing purposes, |
| 3. | Unbuilt empty that is regulated for housing purposes. |
Isn't it set in regulation after first clause that the consession freedom after Section 5 first clause 1 is set out of force, applies to the consession freedom of the close after Section 5 first clause 1 only if the owner has had the tingly home to the property in the last 5 years ahead of the outdragon. Until this ownership time also counts the time second that falls under Section 5 first clause 1 in relation to the erver has owned the property. Door owner before 5-year deadline is out, applies to the session freedom after Section 5 first clause 1 full-out.
The context of the context of regulation given in the co-clause of the first clause, does not apply when the server is committed to the property to be used for health housing in the time he owns the property, either by him himself or others.
A property is in use as a year-end residence after third clause when the erver or others have taken the property in use as their real residence, jf. SECTION 6.
The deadline for settlement after third clause is one year the rain from acquired.
Fonts after the first clause can only be determined after the request of the municipality, and as far as it is deemed necessary to prevent property from which should be used for leisure purposes.
| 0 | Modified by law 19 June 2009 # 98 (ikr. 1 July 2009 ifg res. 26 June 2009 No. 848). |
The Ministry can provide regulations on what information needs to be forage that an erstice can be said to enter under Section 4, 5 and 7, and about what is full-grown animal and flood yvrka soil after Section 4 first clause 4.
| 0 | Modified by law 19 June 2009 # 98 (ikr. 1 July 2009 ifg res. 26 June 2009 No. 848). |
At the decision of the application of the session of the erstice of property to be enjoyed for agricultural purposes shall be placed very much emphasis on :
| 1. | whether the agreed price tigodetes a civic-minded price development, |
| 2. | whether the verses of the erverse will uphold the regard to the settlement of the settlement in the area, |
| 3. | whether acquired involves an operating-wise good solution, |
| 4. | whether the server is deemed fit to run the property, |
| 5. | about acquired care for the health of holistic resource management and the cultural landscape. |
Consession shall in general, in general, are not given if it at acquired arises in the property, or the number of co-owners is increased.
It can be given the session of corporations with limited liability. It shall be placed emphasis on the envision of those who have their profession in the agriculture.
First clause number 1 and 4 do not apply to case where near related or model justified seeking the consession because they should not fulfill residence duties after Section 5 other clauses. In such case, it shall in addition to the first clause 2. 3 and 5 among other things are placed emphasis on the property size, the return of income, and household relationships. The search's association with the property and the applicant's life situation can be additional weight as a corrective tax.
| 0 | Modified by law 19 June 2009 # 98 (ikr. 1 July 2009 ifg res. 26 June 2009 No. 848). |
The Ministry shall give the consession when it is not necessary to prevent the property from being used for leisure purposes. By this decision, it can sometimes be placed emphasis on the property's location, therunder about the area where the property is located in has the character of being an outset of recreational area, the construction of the land and standard, how long it has been passed since the property has been used as a full-time residence, how long it was used as a full-time residence, and whether it is sane that others will buy the property to use it for the weekend's residence.
Consession shall also be given if the ministry finds it well-made that the property can only be detenable as a full-time residence at a price that is significantly lower than the price level of corresponding health housing in the area.
Part Article SECTION 11. (terms of the session)The session of the law can be given on such terms as in each case exists mandated by consideration for the purposes of the Act to promote. It can be levees on the terms of the application.
The King is going out from the envision of settlement, holistic resource management and cultural landscape take the position of whether it is mandated to quiet terms of residence equally, and whether residence should be a personal duty of owner.
| 0 | Modified by law 19 June 2009 # 98 (ikr. 1 July 2009 ifg res. 26 June 2009 No. 848). |
The application of the Consession of the Law shall be submitted to the mayor of the municipality in which the property is located. The application shall be in accordance with the form determined by the ministry. The application is to illuminate the ververtor, the property it applies and about the purpose of and all the terms of acquired. Applies to inheritance, gift or gift sales, the property or rights of the property shall be specified. Copies of the home document (deed), contract and appelp shall be attached if such documents are present. It needs to be accounted for conditions that may have meaning to the question of the session of the consession. The owner and user must find themselves in that it is held experience, measurement, mapping and bonitation of property and settlement.
The king can give closer rules about what information and documents should follow with an application for the session, and whether the application should be written on special form.
Sikead after Section 12 is to be sent to the mayor within four weeks after the appointment of the attraction was made or the erver received his disposal over the property. By foreclosure, the deadline is counted from the stastment of the bid. The Namscourt is to send message to the ministry when it confirms a bid from a buyer who needs a session of acquired.
Not being held rules in the first clause, the King shall set a deadline for the erver to apply for the session.
The king can set a deadline for the erver to seek the session if :
| 1. | The time limit for forced use after Section 3 other clause is exceeded. |
| 2. | The server is failing to build within 5 years of violation of Section 4 other clauses. |
| 3. | The server is conducting use change in violation of plan according to Section 4 third or fourth clause. |
| 4. | erenlisting as mentioned in Section 5 first clause 1 or 2 do not comply with residence duties after Section 5 other clauses. |
| 5. | erenlisting as mentioned in Section 5 first clause 5 does not comply with the deadline for forward sales. |
| 6. | the requirement for settlement after Section 7 third clause jf. Section 6 is not overheld. |
The oversit deadline for seeking the session comes Section 19 equivalent to the Applicability.
| 0 | Modified by law 19 June 2009 # 98 (ikr. 1 July 2009 ifg res. 26 June 2009 No. 848). |
The king can give closer regulations that supplement the case management rules of the Management Act and the law here, herdunder that the ordinate case should be waived for certain kinds of cases.
| 0 | Changed by laws 6 June 2008 No. 39 (ikr. 1 July 2008 ifg res. 6 June 2008 No. 544), 19 June 2009 # 98, see its IX (ikr. 1 July 2009 ifg res. 26 June 2009 No. 848). |
The Erstice requiring the session after this law cannot be seen or matrices of any less consession has been granted.
| 0 | Modified by law 17 June 2005 # 101 (ikr. 1 jan 2010 ifg. res. 5 June 2009 # 600). |
For the violation of terms set for session in accordance with this law, the King may determine an obsessive-like-on-run until the relationship is brought in order, or that is due for each violation. The order of mulkt is the force basis for the outlay.
If a consession has been issued on the basis of incorrect or incomplete information regarding the ratio of essential importance, or the erver overcomes the provision of essential importance, the session can be withdrawn.
The session will be withdrawn, it shall be determined a due date for the holder to ensure that the property is overhauled to anyone as legal can enenlist it. Oversee the deadline, the Section 19 Equivalent Applicability is given.
The municipality and the county justice shall take control that terms set for the session are being honored. The municipality shall immediately report to the county of the county of affairs as mentioned in Section 16 other clauses. The same applies if the municipality gets knowledge of the erstice that lacks the required session after this law.
The king can decide that other case-savvy organs should carry out the to-do items after this paragrafen instead or as well as the county's or county.
| 0 | Modified by law 19 June 2009 # 98 (ikr. 1 July 2009 ifg res. 26 June 2009 No. 848). |
Is the application of the consession not submitted within the deadline set in co-13 other or third joints, or is the application declined, the King shall set a deadline for the panholder to bring forced use against Section 3 other clauses to termination or put a due date for the erver to ensure that the takeover is being resettled or that the property is overhauled to anyone who may obtain the consession or that does not need the consession. Is the session declined because the erver is not to fulfill the arbitrary year of residence-liked after Section 5 different joints, shall be the server without regard to what is determined in the first period, few choose whether he or she nonetheless will fulfill residence duties.
| 0 | Modified by law 19 June 2009 # 98 (ikr. 1 July 2009 ifg res. 26 June 2009 No. 848). |
Overstated a due date determined after Section 18 for the deviation of real estate server v or mortgage havers, the ministry may without notice let the property sell through the name authorities after the rules of foreclosure as far as they fit. The provisions of the forced consummation Act Section 11-20 if the minimum bid to be staunpinned shall not apply to such cases.
Overstated a due date determined after Section 18 when it comes to rights as mentioned in Section 3 first clause, the ministry can either let the privilege legally-sell by the rules in the first clause or with binding effect declaring the privilege for the abduction.
| 0 | Modified by law 19 June 2009 # 98 (ikr. 1 July 2009 ifg res. 26 June 2009 No. 848). |
Is an erstice of a fixed property conditioned by the consession after this law, it must until the relationship is brought in order not to be carried out or something that recalls the property value of the property. The Ministry of Justice can in concrete cases make exceptions from this.
The violation of the ban in the first clause is punishable by fines. What has been deworked or otherwise waived the property in violation of the ban or value of this, can be dragged with the culprit or the person he has acted on behalf of ; the co-impact is not punishable.
| 0 | Modified by law 19 June 2015 # 65 (ikr. 1 oct 2015). |
The law takes effect from the time the King decides. 1
From the same time, law is repeait 31 May 1974 # 19 about the session of the tenure of fixed property (the context of the session law).
| 1 | From 1 jan 2004 ifg. res. 28 nov 2003 # 1400. |
The writings stipulate with home law in law 31. May 1974 # 19 Section 5 third joints shall apply until they are changed or repea-ended. The regulation shall be understood in accordance with the new rules of Section 7 of this law, jf. Section 4 first clause 4.
If the consession case is not finally settled when the law takes effect, the exceptions from the context of the context shall be determined on the basis of the property's character and the ververse position in Section 4 and 5 apply even if acquired by the property has been occurred before the law took place in effect.
If the consession case is not finally settled when the law takes effect, the provision of stocks or parties shall be in company with limited liability as being retaken by the determination of the consensus on the context of the context of the former consession law Section 4, following the new regulations even though acquired by the property has been occurred before the law stepped into effect.
The session case is deemed to be finally settled in relation to other and third clause if complaint has not been received within the letter of the complaint, or if the administration has made the decision in the complaint case.
At the legislal living and greenback, which has occurred after former consession law Section 6 first clause 1, gets the new determination in Section 5 other clause Applicability even if the property is acquired before the law stepped into effect.
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