Purpose: In Sweden, a municipal plan monopoly is used to regulate what, how and where you can or cannot build. How the plans, in the shape of comprehensive and detailed development plans, are formed is in turn regulated by the Planning and Building Act (PBL). Throughout history, Swedish building regulations have gone through many more or less extensive changes with the overall goal to improve our built environment and simplify or streamline the planning and building processes. From this comes the term small deviation, which in PBL is used to allow building permits that deviate from the detailed development plan, provided that the deviation is small. There is, however, no explanation in the law as to what this might mean in practice, and so there are large differences in terms of interpretation and application.
The goal of this study is to analyse how the term small deviation according to PBL, chapter 9 § 31b is interpreted and applicated in building permit trials.
Method: The methods used in this study are interviews (with building permit officers) and document analysis (of building permit decisions from quarter two, 2016, and court cases from the Land and Environment Court of Appeal).
Findings: How deviations are interpreted does indeed vastly differ, and while the municipalities do work in a similar manner to determine whether a deviation could be considered small, there are significant differences. Only in the matter of built area on a property, the three studied municipalities all have different practices in what size of violation may be considered small, and the building permit officers in one of these municipalities still deviate from this. In eight out of 13 court cases, the Land and Environment Court of Appeal judged differently from the previous authorities. Only in one did all authorities agree.
Implications: The findings implicate the following:
Limitations: A wider study containing more information from several municipalities and an analysis of the material accessible to the municipalities for guidance to assess deviations would provide a clearer answer as to what affects the interpretation.
Keywords: PBL, Planning and Building Act, building permits, law interpretation, interpretation, deviation, small deviation, deviation from detailed development plan, sensemaking, the Land and Environment Court of Appeal