Regulations on leasehold mm
Date FOR 2001-06-08-570
Affairs Ministry of Justice
Published in 2001 Booklet 7
Commencement 01.01.2002
Edited
FOR-2015-09-04-1030
Changes
FOR-1986-12-05-2166, FOR-1990-12-21-1023
For
Norway
Legal
LOV-1996-12-20-106-§34, LAW-1996-12-20-106-§36, LAW-1996-12-20-106-§37, LAW-1992-07-03- 93-§2-10, LOV-1993-06-11-66-§1
Promulgated
08/06/2001
Corrected 15.09.2015 (§ 4)
Short Title
Regulations on leasehold mm
Chapter Overview:
Chapter I. ground rent (§§ 1-2)
Chapter II. Innløysing and lenging of leasehold (§§ 3-7)
Chapter III. Regulation and avløysing of installment payment for disposal Act § 2-10 (§§ 8-9)
Chapter IV. Entry into force, etc. (§10)
Heimel: Set by Royal Decree. 8 June 2001 issued in pursuance of the Act of 20 December 1996. 106 on ground leases § 34 third paragraph, and § 37 subsection, the Act of 3 July 1992 no. 93 on the disposal of real property (disposal Act) § 2-10 third paragraph and the law of 11 June 1993 No.. 66 about price action § 1 no. 1. Promoted by the Ministry of Justice.
Changes: Amended by regulation 11 October 2002 No.. 1094, 15 October 2004 No.. 1337 (ma Heimel), June 24, 2005 no. 675, June 30, 2006 no. 728, 21 Dec 2007 no. 1607, 19 June 2015 no. 681, September 4, 2015 No.. 1030.
Corrections: 15/09/2015 (§ 4).
Chapter I. ground rent
§ 1. (repealed)
§ 2. (Innkrevjing of ground rent on the basis of older party agreements) For the period up to party fees at eins source fest The opportunity the first time has been regulated by the Act of 20 December 1996. 106 on ground leases § 15, it may not demanding in a graduate ground rent than that lovleg could demanding in då Act diaper set into force. If the amount you may be required after the first sentence, is lower than the fixing fees as stipulated in the party The opportunity may bortfestaren each year adjust the amount in accordance with the change in the consumer price index from Statistics Norway.
Chapter II. Innløysing and lenging of leasehold
§ 3. (repealed)
§ 4. (Innløysing of land to a holiday when the site belonging to ein agricultural real estate) claim for innløysing of plot weaved away to a holiday house belonging to ein agricultural real estate, you bortfestaren (ein natural or legal person) instead offer Festara lenging on conditions portfolios of law on ground leases § 15 fourth paragraph. This debt only if bortfestaren documents that
A)
EIGEDOM has EiT total area of over 100 acres medrekna leasehold, or have full agricultural soil on more than 20 acres, and
B)
income from leasehold for thought lovleg regulation on innløysing time to together constitute more than EiT yearly minimum amount, as from 1 January 2006 are 15 000 and then by quarter a year earlier are adjusted in accordance with developments in the consumer price index from Statistics Norway and
C)
income from leasehold for thought lovleg regulation on innløysing time to together constitute 5% or more in relation to the average physician annual operating profit from the operation of real estate as agriculture, forestry or horticulture the three accounting wound that fell before day after Festara at the latest can set up innløysing requirement. If the basic owner and the / or the spouse or selection in household member received pay for work with such operation of real estate, or have participated in EiT enterprises who have had income from such operation of real estate, the gross wages and part of the businesses operating profit that results from such operation of real estate , be deemed included in operating profit. If the operation of real estate as agriculture, forestry or horticulture, has entered into the agency's activities EiT enterprises there because owner and the / or the spouse or selection in household member participated, any net rent income for real estate from the undertakings assumed Owner also be deemed in our operating income.
About nourishment husbandry as agriculture, forestry or horticulture is closed, or all land and forests in operation is leigd away to Anna than enterprises where basic owner and the / or the spouse or selection in household member participates, debt first paragraph only if it must be deemed to that real estate can come into operation att or off the rent, right up at the latest when the five years have elapsed from herding diaper closed or soil and forest diaper leigt away. In that case, operating pursuant to subsection c be deemed out from such current operation of real estate as it out from the three sein presumptuous years in operation, provides predictability basis.
There ein Party ein SAMEIGE real estate opposition to agricultural real estate, for example where SAMEIGE in outlying opposition to real estate, be deemed income and expenditure fell on SAMEIGE party, with the arithmetic basis pursuant to subsection b and c and, second sentence. Area from SAMEIGE real estate shall not be deemed in landbrukseigedomens area pursuant to subsection a. For leasehold which lies in SAMEIGE between several agricultural real estate, may each sameigar which for its part fulfills the conditions after the first, ref., Second paragraph, health services until EiT offer that committee in the first paragraph, first sentence. Such denial of innløysing and offer about lenging from a public sameigar get blatant effect between Festara and all sameigarane.
Agriculture real estate pursuant to this section is the registered real estate which party the lot belongs to, medrekna EIGEDOM with other registernemningar when everyone has the same cigar, the new under one-and in economic context stands out as one full real estate. Ei leasehold belonging to ein agricultural real estate when it belongs to this as party due or is separated from this.
As agriculture, forestry or horticulture calculates section resturants that using soil or through livestock husbandry produces food or feed, leather or wool, or using the forest produces wood or wood. As husdyrhald Taken into account the breeding, rearing and husbandry of livestock, among this reindeer. As agriculture, forestry or horticulture calculates section also
A)
nursery operation,
B)
cultivation of Blom and other plant growth in the open air or under glass, plastic and the like, work, and moreover, tightening the plantar,
C)
fur farming,
D)
breeding to two years of age of the horse and stabling of horses, when this happens by exploiting landbrukseigedomens production funding and were mainly s native feed produced,
E)
bihald,
F)
sawmills operated on eigen gardssag in conjunction with timber production from EIGA forest, if sawmills its activities not exercised that cause independent industry
G)
exploitation and off hire of hunting and fishing rights in connection with agriculture, forestry or horticulture in the first sentence and the third sentence letters a to e,
H)
withdrawal of soil, sand, stone and peat in connection with agriculture, forestry or horticulture in the first sentence and the third sentence letters a to e,
I)
picking berries, cones, moss, seaweed and the like, work in connection with agriculture, forestry or horticulture in the first sentence and the third sentence letters a to e, and
J)
performing services for others with mona doctor operating assets as main sakleg becomes useful in a given soil, forestry or horticulture, or hire of such asset, if its activities not being exercised as awarded individual nutrient.
This section does not apply to agricultural real estate that is eigd of state, municipal, county or of enterprises that State, local authority participates in or owns in whole or in part.
§ 5. (What to monitor compliance with the innløysing at point hitch and in areas where there is weaved away land to a holiday for a collective plan) In Relation as chronicled in Leasehold Act § 37, third paragraph county governor may be decided what will keep abreast by innløysinga if ein party requests it. If innløysinga handsamast at the discretion after Leasehold Act § 37 second term, the county governor may wholly or partially entrust judgment to hit the decision-making after the first sentence. Justice Department appealed the decision-making that the county has done.
So far not anna follows from agreement on how innløysing will be implemented, and Within the what follows from binding decisions under the Planning and Building highly regarded Inga, the county governor or judgment in a case under subsection take any decisions needed to put
A)
holding up land disposition as determined in the plan area, and
B)
holding up guilt expenses as festa rob has wart imposed or may instruct the workup or maintenance of public facilities or the implementation of other joint initiatives, and
C)
holding up rådvaldsband over the site area that follows the previously entitled The opportunity and
D)
lay down the right and duty of innløysaren to participate in the operations and financing of joint construction and joint measures established in the area and who have Vore and framleis will avail of innløysaren and
E)
lay down such prerogatives as the innløysing of point attachment are necessary for holding up the use of bortfestaren its attverande real estate, and that the readability of the attverande real estate not be applied separately losses or costs in that point attached becomes a self plot.
Before county hit decision-making or overload the matter to judgment, the county collect declaration of provisional from the parties in fixing The opportunity and the municipality shall handsame application for sharing permission under the Planning and Building Act. By innløysing in commons will also declaration of provisional obtained from fjellstyre and commons control. Moreover, the county consider whether it is needed in consent of or should recoup declaration of provisional from other public bodies. If the case is hand over to judgment, the municipality in which area the opposition, notified to the judgment are held and have the right to attend. In commons debt this also Fjellstyre and commons Board. Any solution that has party entitled plot EiT plan area or not commons, is also entitled to meet, jamvel he not have itself requires innløysing.
§ 6. (About utsetjing of decision-making about what will follow with at innløysing) Before the county stipulates what will follow with at innløysing of land in a region where land is weaved away after mean an overall plan, he will search to clear enclose the other party all abilities in the area will request that the county stipulates what will follow with at a innløysing. In that case, all the issues as far as possible be admitted and be decided under one-. The decision to postpone for up to ten years if the consideration for consistent lead having makes this Turve, but no longer than five years without that opposition lead special grounds.
§ 7 (Application for refresher at oversitjing of the deadline to demand a innløysing) The opportunity which the King has under the Act of 20 December 1996 no. 106 on ground leases § 36 second paragraph to give refresher at Orsak oversitjing of the deadline to demand a innløysing are added to the county. Justice Department appealed to the county governor's decision to give or refuse refresher.
Chapter III. Regulation and avløysing of installment payment for disposal Act § 2-10
§ 8 (Regulation of installments sum) Regulation in accordance with the change in the monetary value of the bimonthly monetary sum for disposing Act § 2-10 first paragraph, cf. Third term, shall be in accordance with developments in the (calculated) CPI from Statistics Norway. In agreement opportunity from before 1865 will ein regulate the bimonthly monetary sum out from developments in the consumer price index from 1865
§ 9. (Avløysing of installment payment) By laying down avløysingssum after disposing Act § 2-10 second term, cf. Third term, there shall be the basis a rate of 5% when to provide finding capital value.
Chapter IV. Entry into force mm
§ 10. (Entry into force. Repeal of regulations.) Regulations here enter into force on 1 January 2002. From the same time holding regulation of 5 December 1986 No.. 2166 about innløysing of leasehold to bustadhus and holiday homes up to apply, except as provided follows from leasehold Act § 44 third term. Regulation of 21 December 1990 no. 1023 regarding the increase of ground rents repealed also from the same date.
