The Land and Environment Court of Appeal set aside a building permit

On 19 December 2023 the Land and Environment Court of Appeal rendered a judgment in case no. P 4305-23, in which the court set aside a building permit regarding two building extensions placed 1,14 and 1,18 meters from the property boundary towards the neighbour. The Land and Environment Court of Appeal finds that the local plan relevant in the case does not contain any rule regarding the placement of buildings in relation to the property boundary, which means that 39 § byggnadsstadgan shall apply.  As the building extensions in question are placed closer to the property boundary than 4,5 meters, the court finds that the placement is not consistent with 39 § byggnadsstadgan. The Land and Environment Court of Appeal remanded the case to the local building committee to examine, as first instance, whether specific circumstances apply to depart from the 4,5 meter rule. Zellberg successfully represented the appellant.