Temporary regulation on exceptions to the planning and building law for accommodation of people seeking protection (asylum seekers) Date-2016-08-24-1997 Ministry of local government and modernization the Ministry Published in 2016 booklet 12 entry into force 24.08.2016-01.01.2018 last modified the Change applies to Norway Pursuant LAW-2008-06-27-71-section 19-2, LAW-2008-06-27-71-section 20-1, LAW-2008-06-27-71-section 20-4, LAW-2008-06-27-71-section 20-5, LAW-2008-06-27-71-section 21-3, LAW-2008-06-27-71-section 21-8, LAW-2008-06-27-71-section 23-8, LAW-2008-06-27-71-section 30-5, LAW-2008-06-27-71-section 31-2 Announced at 26.08.2016. 14.40 brief title regulation on exceptions to the pbl. for the accommodation of asylum seekers Chapter overview: General (§ § 1-3) the Council's proceedings (§ § 4-6) the municipality and County man's treatment of the complaint (section 7) Responsibility (section 8) Special access to exempt from the requirement of application and permit (§ § 9-10) Guide to the temporary regulation on exceptions to the planning and building law for accommodation of people seeking protection (asylum seekers) legal authority: established by the local government and the Ministry of modernisation 24. August 2016 under the legal authority of the Act 27. June 2008 No. 71 about planning and byggesaks management (planning and building Act) § 19-2, section 20-1, section 20-4, section 20-5, section 21-3, § 21-8, § 23-8, section 30-5 and section 31-2.
In General, § 1. Forskriftens scope and purpose the purpose of these regulations is to ensure the rapid creation of temporary a) receipts for accommodation of people seeking protection (asylum seekers), cf. the immigration section 95, and b) care centers for unaccompanied minor asylum seekers under 15 years, cf. child protection law § 5A-1.
These regulations apply to extraordinary situations. The authority to determine when there is an extraordinary situation, is added to the local government and the Ministry of modernisation.
It can be given permission under this regulation for temporary measures with duration of 1 year at a time, with the possibility of extension once.
§ 2. The relationship with the management rules on the law the single Management decision and the complaint goes with the specific provisions that are provided in the planning and building law, cf. planning and building law § 1-9.
§ 3. Area plans for the placement of temporary effect construction works Area plan do not have binding effect for the construction works to be placed temporarily if the measure is in accordance with the planning and building Act section 30-5, and the plan itself does not expressly prohibit the placement of temporary construction works.
The Council's case management section 4. The Council's treatment of the application for a temporary exemption from the plan where temporary usage changing the structure or location of a temporary construction works depends on permission and exemption from the plan or plan provisions, to common application for exemption and the permit application will be determined by the municipality within 2 weeks from the complete application is received to the decision is sent. The same applies where the application only relates to an exemption from the plan or plan provisions. The time limit may not be extended.
Time in the time the application is to the statement at the State and regional authorities, cf. planning and building law § 19-1. State and regional authorities to make a statement or make decisions within 3 days from receiving the application electronically from the municipality. The time limit may not be extended. The municipality can process and settle the matter after the planning and building law if the deadline is not met.
§ 5. The Council's access to exempt from the requirement of the neighboring municipality of alert can exempt from the requirement of neighbor warning after the planning and building Act § 19-1 and § 21-3, when it is necessary to protect Norway's international obligations to asylum seekers. The municipality shall set as criteria to exempt from the requirement of neighbor warning that action otherwise haver informing neighbors and return the Boers that it is applied for permission and exemption from the area plan.
section 6. Exceptions to building technical regulations For temporary usage changing the structure and location of temporary buildings to the accommodation of asylum seekers be made the exception to the following requirements in regulation 26. March 2010 No. 489 about technical requirements for construction works: a) universal design and accessibility in section 8-2, section 8-4, section 8-5 the second paragraph, section 8-6, section 8-7, section 8-9 third and fourth paragraph, section 8-10 second paragraph, section 12-1 of section 12-4, section 12-5 the first to the fifth paragraph, section 12-6 to section 12-9, § 12-11 third paragraph, section 12-12 second paragraph, section 12-13 the second paragraph, section 12-15 third and fourth paragraph, section 12-16 second and third paragraph, section 12-18 and § 12-21 third paragraph b) booth and storage space in section 12-10 c) environment and health in section 13-2 and section 13-3 , section 13-6 to section 13-13, § 13-16 to § 13-21 d) energy in chapter 14 e) installations and facilities in section 15-1 to § 15-4, section 15-11 to § 15-15.
Temporary change of use of the construction works and the location of a temporary construction works, are exempt from the requirement of automatic fire lure plant (sprinkling) if the building has fire alarm system, escape routes, etc. in accordance with regulation 26. March 2010 No. 489 about technical requirements for construction works Chapter 11, and the safety of life and health is taken care of by use of the appropriate organizational measures (fire guards). Evidence that adequate fire safety is taken care of to be lodged by the enterprise with the right of responsibility.
The exception under subsection letter a) to e) can be applied to care centres for unaccompanied minor asylum seekers under 15 years.
The municipal and County man's treatment of the section 7 complaint. The treatment of the complaint a complaint case will be prepared by the municipality and sent the complaint authority within 1 week after the appeal deadline, cf. administrative law section 29. The appeal authority shall decide the case within 1 week. Time limits can not be extended.
Oversitter the municipality in the first paragraph deadline, the complaint be taken when processing the complaint authority.
The responsibility of the section 8. Action action responsibility holder havers is responsible for that permit application be designed in line with the requirements arising out of the planning and building Act section 21-2 and Chapter 5 of the regulation 26. March 2010 No. 488 about building case. Where the measure requires it, the duties of the action from the author to continue his responsibility to responsible companies.
Action holder is responsible for the measure is not in contradiction with other regulations.
Action holder is responsible for that action after this regulation is performed and used in accordance with the requirements given in or pursuant to the planning and building law, to the extent that this regulation does not make exceptions from these requirements.
Special access to exempt from the requirement of section 9 application and permission. Special access for the Ministry to determine whether exceptions from the requirement for application and permission for special fast decision, the Ministry without that there are permit application, determine whether to exempt from the requirement for application and permit for temporary usage change after planning and building law for buildings to be used for accommodation of asylum seekers or care centres for unaccompanied minor asylum seekers under 15 years. The same applies to the temporary location of the construction works for these purposes. Such a decision can be given for up to 1 year at a time, and can be extended once after this regulation. By decision exception applies to section 6. The Ministry may waive the requirement that documentation must be lodged by the enterprise with the right of responsibility.
Decision on the exception under subsection can only be provided at the request of State authority. The Ministry is to make a decision no later than 1 week after receipt of such a request.
The municipality is given deadline of 5 days to respond before the Ministry don't understand decision the exception under subsection. In special cases, the Ministry set aside the requirement to obtain a statement. By decision on exceptions to the Ministry inform the municipality about that exception is used.
§ 10. Entry into force these regulations shall enter into force immediately, and applies to 1. January 2018.
Guide to the temporary regulation on exceptions to the planning and building law for accommodation of people seeking protection (asylum seekers) 1. Introduction-planning and building the ordinary rules for application and permission applies in the first place also in extraordinary situations, the starting point for planning and building law is that law applies in General. This means in practice that the Act in itself does not have their own special rules that can ensure quicker processes in extraordinary situations. The law has basically nor their own special rules for asylum reception center or care centers. The temporary regulation is an exception in that sense from the starting point.
While not planning and building law has provisions that account for extraordinary situations, have the municipalities still a certain room for maneuver to manage cases quickly, and to control the outcome. In the joint letter from the local government and modernization of Justice and Minister of emergency Minister of 22. October 2015 it is given an overview of the opportunities that the municipality law and planning and building law provides to make faster decisions. In the letter, it is also given the example of how the grounds for temporary dispensation can be designed in extraordinary situations.
The Ministry does, incidentally, note that after the planning and building Act section 21-7 on deadlines with special effects, so to measures that meet certain criteria will be determined by the municipality within 3 weeks. Permission is considered otherwise as given. The terms and conditions that apply depend on whether it's speech about steps to be forestås of responsible companies, cf. planning and building law section 20-3, or whether there are measures that can conduct the action even haver, jf. planning and building law section 20-4.
The Ministry memories for sake that the planning and building Act section 21-7 gives the municipalities the legal authority and in some cases duty-to manage cases quickly, even when there is no voice of extraordinary situations. We will just briefly mention two possible cases: 1) cases where the municipality makes exception to the claim of responsibility right
The municipality have access to exempt from the requirement of responsibility right if this is unnecessary, see the planning and building law § 23-1 the third paragraph. As the example of cases where the exception might be appropriate to use, mention the preparatory works. measures not covered by the building regulations, technical measures where the tasks are technically simple and usage change that does not necessitate remodeling work, see Chapter 2.9 of the Prop. 122 L (2009-2010) changes to the planning and building law (building portion). It follows on from the preparatory works that the access to exempt from the requirement of responsibility right can also include larger measures, such as usage change from hotel to asylum without structural changes. The Ministry shows by the way to case 15/4533 that discusses access to exempt from the requirement of liability law.
If the municipality except from the claim of responsibility right, will the measure be able to forestås of action holder, jf. planning and building law section 20-4. After the planning and building Act section 21-7 third paragraph to applications covered by section 20-4 is determined by the municipality within 3 weeks, otherwise is considered permission as given.
2) matters concerning the temporary location of the edifice it follows from the long-lasting and established practice that land plan does not have the effect of temporary measures that should be placed up to 2 years, unless the plan even expressly prohibit such measures, see in the connection UROt.prp.nr. 45 (2007-2008) page 250. Specifies the plan ban on specified temporary measures such as the location of the caravans, barracks, floteller (floating accommodation ships) or similar within a site, it will by the placement of such measures be required to apply for an exemption from the plan. Moreover, it is a prerequisite that the measure does not come in conflict with the planning and building Act section 30-5. The Ministry shows the following statements that discusses plans for the area effect temporary measures, see case 11/1161, case 14/1518 and case 14/1296.
The location of the temporary measures that will stand up to 2 years, and that do not need an exemption from the area plan, be governed by the planning and building Act section 20-4. As it follows from point 4.1.3 below applies to the no size limit for temporary measures. The central issue is that the measure should be temporary, i.e.,. up to 2 years, and that the criteria in the planning and building Act section 30-5, incidentally, is met.
Provided that these conditions are met and there is no need for the statement, consent or permission from other authorities, should the application be determined by the municipality within 3 weeks, jf. planning and building law § 21-7, third paragraph.
In the emergency context, a practical example for the State of situations where this opportunity can be particularly relevant, be at the location of the temporary tent camps or barracks camps on State-owned property, for example, be used as a military camp.
2. Notes to the individual provisions Of § 1 Forskriftens scope and purpose the purpose of the temporary regulation is to ensure the rapid processing of asylum reception and care centres for unaccompanied minor asylum seekers under 15 years.
The regulation comes only to the application of extraordinary situations. Extraordinary situations include situations where peace weighty social interests must be safeguarded. Extraordinary situations in this context will be the mass influx of asylum seekers.
The competence to ascertain that there is an extraordinary situation is proposed added to local government and the Ministry of modernisation.
After the regulation it is possible to give permission to the temporary measures with duration up to 1 year, with the possibility of extension one time if this is necessary.
To section 2 Relationship to administrative law there is no legal authority in the planning and building law to waive the administrative law rules through this regulation. Administrative law rules apply, cf. also planning and building law § 1-9. This means that the administrative law rules on, among other grounds under section 24 and section 25 and complaint right under section 28, also applies to processing of applications covered by the temporary regulation.
To § 3 Area plans for the placement of temporary effect edifice it follows from the long standing and established practice that land plan does not have the effect of temporary measures that should be placed up to 2 years, unless the plan even expressly prohibit such measures, see in the connection UROt.prp.nr. 45 (2007-2008) page 250. Specifies the plan ban on specified temporary measures such as the location of the caravans, barracks or the like within an area, it will by the placement of such measures be required to apply for an exemption from the plan.
It is furthermore a prerequisite for the exception that the measure does not come in conflict with the planning and building Act section 30-5, IE. the measure must not prevent general access, outdoor activities or otherwise cause significant inconvenience to the surroundings. Relevant considerations in this review may be blocking access to attractive areas for outdoor activities, such as bathing areas, or if the measure otherwise "båndlegger" attractive outdoor areas so that the general public does not get to. It may also be that the location of the measure creates disadvantages for life in nature, or have side effects in the form of littering, sanitation problems, etc. 1 if the measure is placed in violation of criteria in the planning and building Act section 30-5, will the measure be illegal so that sanctions policies in the planning and building Act Chapter 32 apply.
It does not apply to any size limits as long as it's speech about the temporary measures up to 2 years and the criteria in the planning and building Act section 30-5, incidentally, is met.
Even if a temporary measure that should be placed up to 2 years, does not require an exemption from the plan, it will still be necessary with the permit application. This follows from the planning and building Act section 20-1 the first paragraph letter j) jf. section 20-2. This is made clear in the regulations section 5 the second paragraph.
To section 4 The processing of applications for permission the Council's deadline for processing applications for permission is 2 weeks.
The deadline for State and regional authorities to cast statement or make decisions is 3 days. If the State and regional authorities oversitter the deadline, then the municipality can process and settle the matter after the planning and building law. Any permission for the planning and building law, however, replaces the requirement for public permission under other legislation, such as the Working Environment Act, vegloven, port-and farvanns law or child protection law. The requirement to follow the other legislation will apply in parallel. It is action that is responsible for the property right that the measure not be completed before the relationship with other authorities is brought in order.
-Rejection requires legal authority in the planning and building law to be able to decline the applications must be able to show the municipality to deny the legal authority in the planning and building law or area plan. By the processing of the application for exemption and/or use change to asylum reception center or care centre, it is not relevant to attach importance to the relationship that ethnicity, gender, religion, fear of possible unwanted behavior, etc., it is not permitted to decline applications for asylum or human services Center on the grounds that the establishment of reception can have importance for the tourism sector in the community, lead to the fall in property value or that the municipality does not have adequate day care , schools, health professionals, police, etc., the reason for this is that these conditions will be governed not by the planning and building Act and may then not be used as valid rejection reason.
For the sake that it recalls the municipalities who have asylum reception center or care centre for unaccompanied minor asylum seekers being paid a host municipality grants of UDI. This grant will cover the average costs associated with having a receipt, depending on the size of the receipt. The grant to put local councils able to customize service in line with the tasks they are to resolve. The arrangement with the host Government grants is governed by the Foreign Ministry's circular RS 2011-025 Grants to the host municipalities for asylum or human services center.
To section 5 the municipality's access to exempt from the requirement of notification after the neighbouring municipality of this provision can be exempt from the notification requirement when applying for a neighbor the dispensation from the plan. If the municipality chooses to exempt the municipality shall set as criteria that action, for example information holder is conducting meet with neighbors or otherwise inform neighbors and return the Boers on the measure. Information meetings will be able to be an effective alternative to the neighboring notice because this will give the neighbors and return the Boers the opportunity to meet and speak directly with the owner of the action. This can help to clarify any questions and concerns that neighbors and return the Boers had to have. It is also quite possible for action holder even to help speed up processes by going from door to door and obtain consent or comments from the neighbors.
To § 6 exceptions to building technical requirements under this section be done a number of exceptions to the requirements arising out of the construction technical regulation. These include requirements to universal design and accessibility, energy, storage room and storage space and a lift.
Exceptions from the requirements in the building regulations technical in the longer term can affect people's lives and health. It is important that the buildings can withstand the stresses they can be expected to be exposed to, that there is proper access to hygienic reassuring drinking water and that water installations are correctly performed to avoid any legionella or similar. Requirements that are set in order to safeguard people's life and health, as the construction safety, adequate fire safety, danger against floods and landslides, as well as water and sewer installations made no exception.
After the current building regulations, technical, it is today possible to exempt from the requirement of sprinkling for temporary construction works should be left for up to 2 years. After the Department's review will it by a temporary usage change of existing construction works emerge as both disproportionately costly and unnecessary strictly to require sprinkling of an edifice which is only to be used in a short term period. It will be quite possible to achieve sufficient security in another way. The Ministry believes the claim to the fire alarm system and escape routes should be fixed. The Ministry proposes to continue the exemption from the requirement of sprinkling for temporary usage modification of existing buildings and at the location of the temporary buildings of 2 floors provided that the edifice otherwise meets the requirements for fire alarm system and escape routes, as well as that action in addition ensures around the clock fire security. Action holder must regardless of the exception of the assessment of fire safety that documents that fire safety is adequately taken care of.
This exception is proposed only to apply for asylum, not for care centres for unaccompanied minors, asylum seekers under 15 years, see, however, below.
-It is not a general requirement for sprinkling of construction used for asylum reception center or care centers the Ministry has received several inquiries with questions about building to be used as asylum reception center or care centers, always must have the sprinkler system. The Ministry will stress that the municipalities do not have access to deploy such a claim on general basis.
The location of the construction works in the risk classes are regulated in TEK 10 section 11-2. As stated in the circular H-4/15 about asylum reception center, is the General starting point that centralized asylum reception normally placed in risk class 6, while homes that will be taken into use as a decentralised asylum reception center, believed to be in the risk class 4. The same goes for the care centers. As stated in the circular H-4/15 it is quite possible under current rules to place buildings used as asylum reception in a lower risk class, for example, risk class 4. This also applies to other types of building than homes.
The prerequisite for being able to do this is that: 1. There are few people in the building and that 2.
It is a transparent structure that is designed for quick and easy escape and rescue. Example of this can be construction works for up to two floors (this includes the module or barracks building) with a working fire alarm system. Higher buildings than two floors can for the sake of safety be more problematic to place in a lower risk class than risk class 6.
-Relationship to fire-and explosion protection law. The claims of the insurance company When an edifice to be built, will be built on or bruksendres, will be governed by the requirements of the fire safety of the planning and building law and TEK 10. It is action that is responsible for the property right that the measure meets the requirements in planning and building laws. After the build is put to use, the fire-and explosion protection law. After this policy is the owner of the premises in which the receipts to be established, is responsible for the technical requirements of fire safety is taken care of. For more information see the DSBs website.
The Ministry further makes note that insurance companies may have their own and stricter rules to fire safety than the planning and building law. These are conditions that the Ministry of local government and modernization can not affect.
To section 7 of the municipality and County man's treatment of the complaint the Ministry proposes to carry forward the deadline of 1 week for the treatment of the complaint on the decision on asylum or human services center.
The time limit of 1 week is true for both the municipality and the appeal authority (County Governor).
For the record that we do not precisely define the Ministry has the legal authority to make exceptions in the regulations from the administrative law rules. It will be shown by the way to the forskriftens section 2 which States that the administrative law rules apply. The consequence of this is that when the municipality of fatter decision, then apply 3-ukersfristen for making the complaint, jf. administrative law section 28. It is only by the expiration of the deadline, that the Council's deadline of 1 week to process the appeal begins to run.
To § 8 Liability the Ministry extends the provision about remedial havers responsibility. The provision States only the responsibility that action has already the owner of the planning and building for the law, see inter alia, planning and building Act section 21-2 and section 23-1.
The temporary regulation makes no exception from other neighboring laws. The measure must not come in conflict with other regulations, such as the nature of diversity the law or the law on cultural relics. Therefore, it should be noted in the provision that the holder is responsible for the action that the measure does not come in conflict with other regulations.
For the case that the edifice that action will use as the owner of the asylum is not sprinklet, it will be action havers responsibility to ensure that the requirements of the fire alarm system, escape routes and fire around the clock security are met.
It is action that is responsible for the holder to comply with the requirements imposed by the planning and building law, in so far as these regulations do not make exceptions to this. Action has the owner of the responsibility that it not be applied room that is not approved for permanent residence. The Ministry is familiar with several cases in the so-called "decentralized" asylum is taken in rooms that don't use is approved for domestic purposes, e.g. basement, storage room or loft. In some cases, the rooms have also lacked Windows and escape routes. Such use constitutes a clear security risk for residents. The Ministry stressed that the changed use of the additional part (basement, attic and storage room) to the main part (bedroom, living room, kitchen etc.) is dependent on the particular application and permission for usage change, see item 10 § 2-1 letter c. 1-Early dialogue with the municipalities is important the municipality is the most important partner by the establishment of reception, and is the most beboeres most important service provider. For potential providers, it is important to keep in mind that the establishment of reception a number of practical and financial consequences for the municipalities. It is therefore important that one as early as possible ensures good and constructive dialogue with the municipality. It will then be greater opportunities for the municipality to be a co-star in the settling-in process.
For the record will remind you that the Ministry it is a prerequisite from the UDI that any providers at the earliest possible point in time create contact with the host community, and informs the municipality by Councillor (with a copy to the Mayor) that one has plans about receipt creation. It should also be given information about the capacity and the plans for the operation.
The Ministry also reminds that the UDI POPs as a requirement in the bidding process that all required State and local permissions for the receive operation in the current building complex must be released and documented at the latest at the time of signing the contract. If the provider cannot provide such permissions, this will lead to that the offer be rejected.
-Special requirements for public health law and the child protection act as the operating carrier must be aware of It to establish asylum reception center or care centre also has special duties after respectively. public health law and the child protection act.
Requirements for health conditions in asylum is regulated in public health law and regulation on environmental health. The requirements are the same regardless of the type of asylum reception center in question. Operator to report to the municipality at startup and at significant expansion or change of business. This means that if the operator incorporates new residential units in their business, it should be reported.
Care centres for unaccompanied minors asylum seekers under 15 years governed by the children's Protection Act and its regulations. Private and municipal care centers must be approved under the rules of the regulation on the approval of private and municipal institutions, jf. child protection law § 5A-7. It is the regional level in children's, youth and family agency that hits the decision on approval, the disappearance of the approval and the determination of the time limit for the correction of deficiencies, jf. the approval regulations section 3.
All care centres must satisfy the requirements in the regulation on standards of quality and internal control in the barnevern institutions, jf. child protection law § 5A-7. It follows from the quality forskriftens section 14 that the Ministry can grant an exemption from the requirements of quality regulation in extraordinary situations. An exemption may be granted for a period of up to twelve months. It can apply for an exemption. The Ministry's authority to determine applications for exemption is delegated to child, youth and family Agency.
To § 9 Special access to exempt from the requirement of application and permit the establishment of reception centres or care shall as a rule be treated by the municipality after application for a permit to the municipalities. The reduced processing time limits as set out in section 4 of section 7, and should in most cases be sufficient to ensure fast enough processes even in extraordinary situations.
It can, however, be situations where it is necessary to be able to make decisions even faster than the temporary regulation otherwise add up to. In cases where there is a need for special fast decision, it follows from section 9 that the Ministry may decide the exception from the requirement for application and permit in cases where there is a need for special fast decision.
The threshold for being able to use the exception provision is high. The provision is intended to be used only in situations where State authorities, UDI and need Bufdir, that it be taken quicker decision than the regulation otherwise add up to.
As there is no legal authority to make exceptions from the requirements to the area plan, the exception option be bounded to apply exceptions to the requirements in the building section of the planning and building law. The most typical examples will be there it's speech about the location of temporary measures (tent camps or barracks camps) on the property, for example, in State ownership, or where the temporary usage change of an edifice will be in line with the plan.
The measure requires an exemption from the plan or plan provisions, this will be a relationship that first need to be settled by the municipality, jf. § 4.
Any applications for initiatives that have longer duration than the interim regulations add up to, which is 1 year + 1 year, will have to follow the usual procedural rules in the planning and building law.
It is the only State authorities that UDI or Ministry can ask Bufdir about using the exception provision. Private operators not operating can request that the exception is used. They must relate to the municipality through the application for planning and building law.
By any decision on exceptions from the requirement for application and permission, also applies to the exceptions from the building technical requirements provided by § 6 forskriftens. Decision on exception applies only after the planning and building law. It is action that is responsible holder even for that building to be used for the reception, is in accordance with the requirements given in or pursuant to the planning and building law and other adjoining regulations, such as veglova, the Working Environment Act, public health Act, the Fire Protection Act, the pollution control law and more. It is both in the municipalities ' and the State's interest that one comes forward to good solutions by the creation of the receipts or care centers in an extraordinary situation. The municipalities have a lot of skills that are important for the Ministry, and that will be an important resource when the decision will be made. If the Ministry receives the request from the State authority to use the exception provision, should therefore be given to the municipality the opportunity to make a statement before the decision on exceptions are made. The deadline to get the municipality a statement is set to 5 days. The time limit can be waived, in the event of an emergency situation that completely must be resolved in such a short time that it will not be possible or prudent to wait even 5 days on the statement from the municipality.
If the Ministry using the access to decide the exception from the requirement for application and permission, the municipality will be informed about this.
