Byggeloven § 10 A: Fortolkning og praksis vedrørende anvendelsesområdet og betingelsen om udstykningsmulighed af byggeri omfattet af byggeloven § 10 A
Studenteropgave: Kandidatspeciale og HD afgangsprojekt
- Martin Christensen
- Kia Kulphibul Christiansen
- Rasmus Johannes Boe
4. semester, Landinspektørvindeskab (cand.geom.), Kandidat (Kandidatuddannelse)
In 1991 an amendment was passed and the Danish Building Act § 10 A became effective. The purpose of the regulation was to increase the coherence of the legislation and to prevent situations where buildings were established on real property in a way which later made it impossible to subdivide the property without an exemption from the municipality. The regulation was a respond to an emerging problem, but it seems to have caused some new issues. According to several chartered surveyors, the regulation is being interpreted differently in the municipal management of building applications.
The first part of the master’s thesis focuses on uncovering the kinds of issues the Danish chartered surveyors experience in their work in relation to the Building Act § 10 A. For this purpose an initial research question is drawn up:
What kind of problems does the Danish Building Act § 10 A give the chartered surveyors?
The initial research question is answered through a problem analysis, which concludes that the main reason for issues regarding the regulation is caused by different interpretations along with complicated requirements. Based on the results of the problem analysis, the main aim of the master’s thesis is to research, how the Building Act § 10 A should be interpreted and how it is utilized in practice. The main analysis is based on the following reseach questions:
How differently do the municipalities interpret the Building Act § 10 A?
1. How should the Building Act § 10 A be interpreted on the basis of a legal analysis?
2. How is the Building Act § 10 A interpreted and utilized in the municipal management?
The research questions are answered through a legal analysis of the regulation with focus on its notions and definitions, followed by an analysis of the municipalities and their understanding and utilization of the regulation. The analyses indicate that the interpretation of the Building Act § 10 A is ambiguous in regards of its scope of application, and the municipalities in practice understand and apply the regulation differently from each other.
The first part of the master’s thesis focuses on uncovering the kinds of issues the Danish chartered surveyors experience in their work in relation to the Building Act § 10 A. For this purpose an initial research question is drawn up:
What kind of problems does the Danish Building Act § 10 A give the chartered surveyors?
The initial research question is answered through a problem analysis, which concludes that the main reason for issues regarding the regulation is caused by different interpretations along with complicated requirements. Based on the results of the problem analysis, the main aim of the master’s thesis is to research, how the Building Act § 10 A should be interpreted and how it is utilized in practice. The main analysis is based on the following reseach questions:
How differently do the municipalities interpret the Building Act § 10 A?
1. How should the Building Act § 10 A be interpreted on the basis of a legal analysis?
2. How is the Building Act § 10 A interpreted and utilized in the municipal management?
The research questions are answered through a legal analysis of the regulation with focus on its notions and definitions, followed by an analysis of the municipalities and their understanding and utilization of the regulation. The analyses indicate that the interpretation of the Building Act § 10 A is ambiguous in regards of its scope of application, and the municipalities in practice understand and apply the regulation differently from each other.
| Sprog | Dansk |
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| Udgivelsesdato | 2 jun. 2022 |
| Antal sider | 82 |
| Ekstern samarbejdspartner | LIFA A/S No Name vbn@aub.aau.dk Informantgruppe LandSyd Landinspektører No Name vbn@aub.aau.dk Informantgruppe LE34 No Name vbn@aub.aau.dk Informantgruppe |
| Emneord | byggesagsbehandling, udstykning, byggeloven, bebyggelsesregulerende bestemmelser, interview, forvaltningsret, enfamiliehus, boligenhed, planlægning, lejlighedsskel |
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