Law On Concession By The Acquisition Of Real Estate (Concession) Mv

Original Language Title: Lov om konsesjon ved erverv av fast eiendom (konsesjonsloven) mv

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Read the untranslated law here: https://lovdata.no/dokument/NL/lov/2003-11-28-98

Law on concession by the acquisition of real estate (concession), etc.

Date law-2003-11-28-98 Ministry the Ministry of agriculture and food last edited law-2015-06-19-65 from 01.10.2015 published in 2003 booklet 16 entry into force 01.01.2004 Change Law-1974-05-31-19 announced the short title the concession law-konsl.

Chapter overview: Chapter 1. Purposes and instruments (§ § 1-2) Chapter 2. Outlines that equated with the acquisition of real property (§ 3) Chapter 3. Grants that do not need a licence, impaired the concession limit etc. (§§ 4 - 8)
Chapter 4. Relationship of importance is to be given to whether licence (sections 9-11) Chapter 5. Proceedings (§ § 12-14) Chapter 6. Different provisions (sections 15-23) cf. the previous law 31 May 1974 No. 19. Chapter 1. Purpose and means section 1. (the purpose) The law shall regulate and control the sales of real estate in order to achieve an effective protection of agricultural production areas and such owner and usage conditions that are most gagnlige to the community. to the benefit of: 1. future generations ' needs.

2. agricultural industry.

3. the need for development reason.

4. consideration of the environment, nature protection and public interests outdoor interests.

5. the consideration of settlement.

§ 2. (instrument) With the exception of the law, real estate can not be acquired without the permission of the King (concession). The King's authority can be transferred to the municipality.
The law does not include acquisition 1.
that is konsesjonspliktige or that require decisions by law 14. December 1917 Nr. 16 about the acquisition of waterfalls etc. Chapter I, 2.
that is konsesjonspliktige by law 29. June 1990 No. 50 Chapter 3 about the production, conversion, transmission, sales, distribution and use of energy, etc., 3.
that has its basis in the ekspropriasjons permission by law 19. June 2009 Nr. 101 about acquisition and extraction of mineral resources (mineral law) § 37 second paragraph and section 38 the second paragraph, 4.
that is necessary for the operation of the mineral occurrence when the transferee submits application for operating licence by law 19. June 2009 Nr. 101 about acquisition and extraction of mineral resources (mineral Act) section 43 and the operating licence granted.

The King may by regulations make exceptions from the concession duty beyond what follows from sections 4, 5 and 7. When a particular regard being, the King also in each case make exceptions from licensing.

Chapter 2. Outlines that equated with the acquisition of the real estate section 3. (special rights covered by the law) The rules on concession also applies to the Foundation and the transfer of leierett and other similar right of use over the real property unless the Court is founded for a time of the most 10 years, without access for the user to claim the term extended beyond this time period. The same is true for other rights over real estate that implies that the owner's access to raw over the property or to get the financial proceeds of the will be significantly restricted. Foundation and the transfer of the development contracts of any nature, including agreements on preferential treatment to make development, involves the concession duty regardless of duration.
Real estate cannot be taken to use mortgage for longer than 3 years without a licence.

Chapter 3. Grants that do not need a licence, impaired the concession limit etc.

§ 4. (exceptions on the basis of the property's character) A license is not needed by the acquisition of: 1. undeveloped single plots for residential houses, if the plot is not greater than 2 acres and is approved by and made a plan building and land law.

2. undeveloped single plots for residential or holiday house situated in an area in the municipality, the plan's area part or development plan for planning and building law is handed down to the buildings and facilities, and where the land sections made or approved by the building authorities.

3. other undeveloped areas, if they are located in an area that in zoning is regulated for other than agricultural, nature and outdoor purposes as well as reindeer husbandry, or as in the municipal plan's area part is laid out to buildings and facilities.

4. undeveloped property, not over 100 acres, where fulldyrka and overflatedyrka soil is not more than 25 acres.

The concession under subsection freedom no. 1. 1 and 2 are conditional on the plot are undeveloped within 5 years.
The concession under subsection freedom no. 1. 3 is conditional upon the transferee does not make the usage change in conflict with the plan.
In areas that are regulated in the development plan, is the freedom under subsection no. 4 conditional upon the transferee does not make the usage change in conflict with the plan. The same is true when the property in the municipal plan's area part is laid out to buildings and facilities or to the Ministry of agriculture, nature and outdoor purposes as well as reindeer husbandry. The concession under subsection freedom no. 1. 4 can be put out of power by regulation under section 7, first paragraph.

§ 5. (exceptions on the basis of the transferee's position) A license is not needed when the acquirer is: 1. the owner's spouse, or is related to the owner or the owner's spouse in the correct ascending or descent line or in the owner's or spouse's first page line to and with children of brothers or sisters, or is in the closet with brother in law the owner in the correct ascending line, provided that the owner has its concession conditions in order. The concession duty can still result from section 7 the second paragraph.

2. odelsberettiget to the property.

3. the State.

4. the County Council or municipality where the property is located, provided that the acquired a property in the area covered by the Government plan or zoning for planning and building law, and the property in the plan are listed for other than farmland or acquired by expropriation. A municipal land company where the competent municipality has at least half of the capital and the majority on the Board, be equated with the municipality when it comes to the freedom of this concession after the number.

5. the bank or other institution that the King has approved, in this context, when acquired by foreclosure to save a claim was made that the transferee has a lien for the in the property. The property must be sold on within two years. The deadline is considered from the stadfestingen of the auction bid and can be extended by the Ministry.

By the acquisition of undeveloped property where fulldyrka and overflatedyrka soil is more than 25 acres, or the property is made up of more than 500 acres of productive forest, is the freedom under subsection no. 1 and 2 conditional upon the acquirer settles on the property within one year and even inhabit it for at least 5 years. As undeveloped property is considered here property with houses that are or have been used as permanent residence. The same applies to property with houses that are not used as permanent residence, including property with houses under construction if the permission to the houses are provided with the aim of domestic purposes. Acquire the surviving spouse property from his deceased spouse who owns or by uskifte, will stay the time surviving have conducted before the takeover are considered against the duty time.
The first and the second paragraph also applies to cohabiting in ekteskapslignende conditions. That living together after the provision here is considered cohabiting that fills the criteria in section 28 a succession law.

section 6. (stay their content) Transferee that under section 5 the second paragraph has stay on duty a property, to take the property as his real home. A property is taken as real property if the owner is registered on the property after the rules set out in or pursuant to the law 16. January 1970 Nr. 1 about the public registration.

section 7. (impaired the concession limit for undeveloped property) For property covered by the exception in section 4 subsection no. 2 or 4, the King by regulations put the concession under section 4 freedom first paragraph Nr. 2 or 4 and section 5 first paragraph Nr. 1 out of power for the: 1. undeveloped property that is or has been in use as a permanent residence, 2. property with buildings that are not used as permanent residence, including property with houses under construction, in areas such as in the development plan for the planning and building law is regulated for domestic purposes, 3. undeveloped plot of land which is zoned for residential purposes.

It is not set out in the regulation after the first paragraph that the concession under section freedom 5 first paragraph Nr. 1 is put out of power, the concession applies to the freedom for close associates under section 5 first paragraph Nr. 1 only if the owner has had the property title to registered transfer the last 5 years prior to the transfer. To this time also the owner is considered time other that fall under section 5 first paragraph Nr. 1 in relation to the transferee has owned the property. The owner dies before a 5-year term is out, the concession applies to the freedom under section 5 first paragraph Nr. 1 fully.
The concession duty after regulation given in pursuance of the first paragraph, do not apply when the transferee undertakes that the property will be used for permanent residence during the time he owns the property, either by himself or others.
A property is in use as a permanent residence after the third paragraph when the transferee, or others have taken the property in use as their real home, jf. section 6.
The deadline for settlement after the third paragraph is one year calculated from acquired.
Regulations under subsection can only be determined at the request of the municipality, and so far it is considered necessary to prevent the properties that should be used for permanent residence are being used for leisure purposes.

section 8. (regulations on the requirements for information under section section 4, 5, and 7) The Ministry may provide regulations on what information is required for an acquisition can be said to go under sections 4, 5 and 7, and about what is fulldyrka and overflatedyrka soil under section 4 first paragraph Nr. 4. Chapter 4. Relationship of importance is to be given for the concession of section 9. (special conditions for agricultural properties) By the decision of the application for a licence for the acquisition of the property to be utilised for agricultural purposes it should be a particular emphasis on: 1. If the agreed price are meeting a societal proper price development, 2. about erververs purpose will attend the consideration of settlement in the area, 3. If acquired involves a operational good solution, 4. If the transferee is deemed fit to operate the property, 5.

about acquired the consideration of safeguards the holistic resource management and the cultural landscape.

A licence shall in General not be given if it occurs in the community by the acquired property, or the number of sameiere Inc.
It can be given a licence to companies with limited liability. The emphasis on the consideration of those who have their profession in agriculture.
The first paragraph Nr. 1 and 4 does not apply to case where close family or odelsberettiget because they do not seek the concession will fulfill the obligation section 5 stay after the second paragraph. In such a case it shall in addition to the first paragraph Nr. 2, 3 and 5, among other things is an emphasis on the property's size, avkastningsevne and House conditions. The applicant's affiliation with the property and the applicant's life situation can be attributed to weight as a corrective moment.

§ 10. (special conditions by decisions of cases by regulations on impaired the concession limit) The Ministry is to give concession when it is not necessary to prevent the property from being used for leisure purposes. By this decision it can among other things be added weight on the property's location, including about the area where the property is located in has the character of being a leisure area par excellence, bebyggelsens art and standard, how long it's been since the property is used as permanent residence, how long it was used as permanent residence, and whether it is foreseeable that others will buy the property to use it for permanent residence.
A licence shall also be given if the Ministry finds it at issue that the property can be disposed of only as permanent residence at a price that is considerably lower than the price level for corresponding year-round homes in the area.

section 11. (criteria for licence) Concession for the law can be given on such terms as in each individual case is required for the sake of the purpose the law should promote. It can be mitigated on the criteria for application.
The King will be out from consideration for settlement, holistic resource management and culture landscape take position on whether it is required to set the terms of stay duty, and of the obligation to be a live personal duty of owner.

Chapter 5. The proceedings section 12. (application for license) Application for a licence under the law should be sent to the Mayor of the municipality where the property is located. The application shall be in accordance with the form established by the Ministry. The application shall state whether the transferee, in the case of the property and on the purpose of and all the conditions for acquired. Applies to the inheritance, gift or gavesalg, will be the property's or rettighetens value is entered. Copies of the of document (deed), contract and appraised to be attached if such documents exist. It must be made to account for conditions that can have a bearing on the issue of a licence. The owner and the user should find themselves in that there will be held the inspection, surveying, mapping and bonitering of property and buildings.
The King can give closer to the rules about what information and documents to be accompanied by an application for a licence, and that the application should be printed on special form.

section 13. (the deadline for application for licence) Application under section 12 shall be sent to the Mayor within four weeks after the agreement on the transfer was made or the transferee had the disposal of the property. By forced sale is considered the deadline from the stadfestelsen of the bid. Namsretten to send the message to the Ministry when it confirms a bid from a buyer who needs a licence to acquired.
Not be enforced the rules in the first paragraph, the King set a deadline for the transferee to apply for a licence.
The King can set a deadline for the transferee to seek a licence if: 1. the time limit for compulsory use under section 3 the second paragraph is exceeded.

2. the transferee fails to build within 5 years in violation of § 4 second paragraph.

3. the transferee make usage change contrary to the plan pursuant to § 4 third or fourth paragraph.

4. the transferee as stated in section 5 subsection no. 1 or 2 does not comply with the obligation under section 5 living the second paragraph.

5. the transferee as stated in section 5 subsection no. 5 do not comply with the deadline for resale.

6. the requirement of settlement pursuant to section 7, third paragraph, cf.. section 6 not be met.

Oversittes the deadline for search licence comes § 19 corresponding to the application.

section 14. (regulation on the proceedings) The King can give further regulations that supplement the procedural rules of administrative law and the law here, including that the regular procedure to be waived for certain types of cases.

Chapter 6. Different provisions section 15. (a license is a condition for the recognition of the deeds and parcel) The acquisition, which requires a licence under this Act, not things with banned or parcel be brought unless the concession is granted.

section 16. (violation of the licensing terms) For violation of the terms and conditions that are set for a licence under this Act, the King can fix a coercive incurred until the relationship is brought in order, or that are due for each violation. Order mulkt are enforceable for disbursements.
If a licence is granted on the basis of incorrect or incomplete information about matters of significant importance, or the transferee contravenes stipulated criteria of significant importance, the concession be withdrawn.
The concession will be withdrawn, it shall be fixed a deadline for the holder to ensure that the property will be handed over to someone who can legally acquire it. Oversittes deadline, § 19 corresponding application.

§ 17. (control with that criteria be met, etc.) The municipality and the County will take control of the criteria that is set for the concession, are complied with. The municipality shall immediately notify the county on matters referred to in section 16 the second paragraph. The same is true if the municipality gains knowledge of the acquisition that is missing required a licence under this Act.
The King may decide that other experts to perform after the bodies of to-DOS this paragraph instead of or in addition to the county or municipality.

§ 18. (deadline to arrange the relationship when the concession is not given) Is the application for a licence is not submitted within the time limit that is set in pursuance of section 13 other or third paragraph, or the application is denied, the King set a deadline for the mortgagee to bring compulsory use contrary to section 3 the second paragraph to the termination or set a deadline for the transferee to provide either that the transfer will be converted or that the property will be handed over to someone who can get a license or do not need a licence. Are concession rejected because the transferee is not going to fulfill the condition of stay under section duty 5 the second paragraph, to the transferee without regard to what is set forth in the first sentence, get to choose whether he or she still will fulfill the stay the obligation.

§ 19. (oversittelse of the established deadline) Oversittes a time limit that is set out under section 18 for the liquidation of real estate acquisition or mortgage havers obsessive-compulsive use, the Ministry without notice to let the property sell through namsmyndighetene according to the rules of forced sales so far they fit. The provisions of the Enforcement Act section 11-20 about the minimum bid that could clearly note, does not apply in such cases.
Oversittes a time limit that is set out under section 18 when it comes to rights as mentioned in section 3 the first paragraph, the Ministry can either leave the tvangsselge according to the rules in the first paragraph, or with binding effect declare right lapsed.

section 20. (prohibition of deterioration of the property) Is an acquisition of a real estate subject to a licence under this Act, be it until the relationship is brought in order not be made hugst or something that degrades the property's value. The Ministry may in specific cases make exceptions from this.
Violation of the ban in the first paragraph is punishable by fines. What is avvirket or otherwise in violation of the property taken out of the ban or the value of this, can be revoked at the culprit or the one he has acted on behalf of punished Intervention not..

§ 21. (entry into force) The law will take effect from the time that the King decides. 1 from the same time repealed law 31. May 1974 No. 19 about the concession by the acquisition of real estate (concession).

§ 22. (transitional provisions) Regulations set out under the legal authority of the Act 31. May 1974 No. 19 section 5, third paragraph shall apply until modified or revoked. The regulations shall be understood in accordance with the new rules in section 7 of this Act, cf. § 4 the first paragraph Nr. 4. If the concession is not case finally settled when the law takes effect, will be the exceptions from licensing on the basis of the property's character and the transferee's position in sections 4 and 5 apply even if the property is acquired by the happened before the law came into force.
If the case is not finally settled when the law takes effect, the acquisition of shares or parties in the company of limited liability covered by the provision on licensing for previous concession law § 4, follow the new provisions even if the property is acquired by the happened before the law came into force.
The case is regarded as finally settled in relation to the other and the third paragraph if the appeal is not received within the appeal deadline, or if the management has made the decision in the appeal case.
By statutory stay and drive duty as have occurred since the previous concession law § 6 subsection no. 1, the new provision in section 5 the second paragraph the application even if the property is acquired before the law came into force.

§ 23. (changes in other laws)-