End to Incomplete Building Permit Applications Resetting Statutory Time Limits?

Consequences of Deficiency Notices

The consequence of such a deficiency notice—or several of them—is that the statutory time limit for case processing does not start from the date the application was submitted, but only from when the municipality considers the application complete. In some cases, the deficiency notice arrives just before the statutory time limit expires. The developer or applicant, who may have expected a decision soon, can end up waiting weeks or months, only to receive a deficiency notice that resets the statutory time limit.

For municipalities, it is important to reset the statutory time limits—either three weeks or twelve weeks, depending on the type of application—before they expire. This is because the municipality loses the right to charge a building permit processing fee if the time limits are exceeded. There have been suspicions that some municipalities issue deficiency notices at the last minute to avoid losing the processing fee.

Challenges for Developers and Applicants

Although it is clearly the developer’s or applicant’s responsibility to ensure a complete application, it is not always easy to predict which documentation requirements the municipality will consider necessary to process the application. The current system for calculating statutory time limits, where a complete application is a prerequisite for the municipality’s processing time to begin, often causes frustration, delays, and unpredictability for those who need to plan when a building permit might be granted.

Proposed Changes to the Statutory Time Limit Calculation

Against this background, it is very positive that the Ministry of Local Government and Regional Development has recently published a proposal for consultation regarding changes to the calculation of statutory time limits in building permit cases. At the same time, the Norwegian Building Authority has published a proposal clarifying the documentation requirements for building permit applications.

The Ministry’s proposal essentially means that statutory time limits will begin to run from when the application is received, rather than from when it is deemed complete. If the municipality finds deficiencies in the application and needs to send a deficiency notice to the developer or applicant, the statutory time limit is paused until the deficiencies are corrected. Once the deficiencies are addressed, the time limit resumes from where it was paused. The Ministry proposes a minimum period of three weeks for the applicant to correct the application. If the deficiencies are not corrected within this period, the municipality may reject the application, and the developer or applicant would then need to submit a new application if the project is still relevant.

Clarification of Documentation Requirements

The Norwegian Building Authority’s proposal aims to clarify and detail the documentation requirements for an application for a framework permit, an application for a commencement permit, and a single-stage application. The proposal highlights that some requirements for explanations, investigations, and documentation can be postponed if only applying for a framework permit. This can reduce the resources needed to prepare a framework permit application. The purpose of clarifying documentation requirements is also to reduce uncertainty and disagreements between the applicant and the municipality regarding the requirements for different types of applications. The proposal also includes changes to the rules on neighbor notification, focusing on ensuring that neighbors receive information that enables them to better understand the project and assess whether they are affected. The Authority also proposes other changes, including rules for self-builders, which are not discussed in detail here.

A Step Towards a More Efficient and Predictable Building Permit Process

The proposed changes from the Ministry of Local Government and Regional Development and the Norwegian Building Authority represent an important step towards a more efficient and predictable building permit process.

The consultation deadline for both proposals is September 6, 2025.

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