There are fewer legal disputes within planning and building law than in many other fields. This is because many disputes are resolved at the appeal stage, and because it can be particularly difficult for private individuals to sue municipalities or the government. In our experience, there may also be more to gain by coming to out-of-court solutions than from a legal process in such cases.
Before you can institute legal proceedings against a public authority, you must generally have exhausted your options to appeal. This may mean appealing to the county governor and ombudsman. Føyen Torkildsen has substantial experience with appeal options within the field of planning and building law and, if necessary, can also assist with litigation within this specialist field, including in expropriation assessments (the legal process to determine the compensation if land must be surrendered).
Føyen Torkildsen regularly assists both municipalities and private bodies in compensation cases associated with municipal proceedings.
There are many legal disputes between private parties with respect to situations which are related to or have their origin in building cases, such as establishment of access or other rights to another party’s land. We assist in all cases, be they in the ordinary courts, the land consolidation court or in arbitration.
In contractual disputes as well, there will be a need for in-depth knowledge of planning and building law issues. Examples of this are questions related to the right to accept responsibility and clarification of technical requirements (TEK) under public law.