– If I had known what I know now, I would have sold the plot a long time ago, says Rune Lund. We meet him at home in Kolnes in Karmøy municipality. Lund bought a plot of land here in 2011. He says he then learned from an estate agent that the plot was free of encumbrances. It was too. But a zoning plan from 1993 required the development of a new, public road to the site. In addition, it turned out that Lund had to create a public turning point in his garden. He had to pay for it himself. And then the municipality was to take it over for free. – I feel completely overrun by Karmøy municipality in this case, says Lund. The estate agent who sold the plot to Lund says he barely remembers the sale 11 years ago. But he confirms that the plot was regulated for housing. – It is the buyer’s responsibility to familiarize themselves with the current zoning plans, says the broker. He also says that it is common for the municipality to impose sequence requirements when building. Karmøy municipality believes Lund should have known about the requirement for turning space on the property even before he bought the plot, as it was in the public zoning plan. – He also knew that the establishment of the turning area was a condition for being able to build on the property, something he had also signed off on back in 2012, says Runar Lunde, head of land and building affairs in Karmøy. – Almost bankrupt In 2012, House owner Lund had the plans for the construction of the public road to his plot approved. At the same time, he entered into a verbal agreement with the construction company Hellvik Hus to share the costs of the road. Hellvik Hus planned five homes on the other side of the road. But when the road was built, Hellvik Hus refused to join the splicing team. The case ended up in court. Hellvik Hus does not wish to comment on the matter. – We won that case, but were only awarded a little over NOK 300,000. It only covered our legal costs. 700,000 we had to pay out of our own pocket, says Lund. Rune Lund shows off the municipal road he has had built in front of his plot. Photo: Rosa Irén Villalobos / news He says the family was about to go bankrupt. – Had it not been for the wife losing her father and inheriting money, we would not have been able to afford this. Could have demanded money for the road Lund could have demanded money back for the road. There is a reimbursement scheme for public roads. But this arrangement must be in place before the first sod is taken. – We didn’t know that. No one in the municipality told us about it, he says. – Didn’t you ask if there were any opportunities to get some of this tire, before you accepted to pay for it all the way? – Yes, in 2012. Then I was told that it was under private law. I found out later that was wrong. Karmøy municipality states that they have had meetings with Lund, but also with the person who was listed as the responsible applicant. So the professional Lund hired to help him. – It is difficult to comply with what the responsible applicant has relayed to Lund, as it is the responsible applicant’s responsibility to ensure that their customer is informed, says Land and Building Affairs Manager Lunde. news has been in contact with the specialist applicant who was hired to draw and design the road. He has no financial responsibility for the development. The person forwarded the information he received from Karmøy municipality. But Rune Lund claims he did not get that information until he had taken the first sod. Lost the battle for the turning point In 2021, Lund was in court again. The counterparty was Karmøy municipality. This time it was about the turning point in the garden. Or rather in the driveway to the house. Lund took legal action against the municipality because they ordered him to improve the driveway and lay asphalt. Lund lost. And had to pay the municipality’s costs. In the judgment it is stated that the turnpike is “inscribed on the zoning plan for the area, which is from 1993”. The judgment also states that Lund should familiarize itself with the public zoning plan. According to Rune Lund, these are marks in the road after the boss car that has stopped at the turning point. He believes the turning point in the garden is too steep for large cars. Photo: Rosa Irén Villalobos / news – I saw drawings online when I bought the plot. But the estate agent said I shouldn’t worry about it because it was about Hellvik Hus’ plans, says Lund. The broker denies that he may have said this. – We have also never had any complaints afterwards from the buyer, says the estate agent. According to Karmøy municipality, there is nowhere else the turning point can be. – There had already been accidents in the area as a result of a lack of turning space on the road. It is therefore important for the municipality to establish a satisfactory turning point in the area, says the head of land and building affairs. Owe money – reported to the police Homeowner Lund still owes Karmøy municipality just under NOK 100,000 for the asphalted turning point in his driveway. This spring, the municipality itself came and asphalted because Lund had not done it. The municipality also demands to get this part of the plot free of charge. The bill for the paving of NOK 99,124 has been deferred until the end of September. Lund hopes he won’t have to pay. In addition to the extra costs he has had over the years. – And then we want Karmøy municipality to draw up a new zoning plan and move the turning point out of our plot, he says. Lund was reported to the police by Karmøy municipality after the municipality came to pave the turning point in his driveway in March this year. He is said to have attacked one of the people from the municipality. Rune Lund says he acted in self-defence, and claims that the municipality’s people had provoked him by getting close to his face. – I grabbed his jacket collar to get him away from my face, which was defense on my part. It wasn’t a physical attack, and I escaped straight away, says Lund. The case is under investigation, and Lund has been in for questioning, the police say. Warning others Rune Lund wants most of all to warn others who are considering building themselves: – There are many stumbling blocks when you are a self-builder. I advise people to get a lawyer before they consider building. Karmøy municipality believes they have done nothing wrong in this case. Runar Lunde is manager of land and building affairs in Karmøy municipality. Photo: Guro Sandsgaard – The municipality has done everything correctly in accordance with the current legislation. The matter has been dealt with politically and has been processed by the State Administrator. Subsequently, the case has been through the legal system, where the Supreme Court ultimately rejected the appeal. We therefore cannot see that the municipality could have done anything differently, says Runar Lunde in the municipality. – But do you understand that he wants to warn others? – Yes, there are probably many builders who get a financial surprise when they build themselves. There is a lot to get to grips with. Homeowners advise against building yourself. – This is not something you recommend if you do not have good prior knowledge. If you have to do everything yourself, it is hardly recommended unless you are in the construction industry, says lawyer Anders Leisner. Anders Leisner in Huseierne. Photo: Huseierne He is head of legal member advice in Huseierne. – But what is the most important thing to remember? – You have to make sure that the land you are going to build on is ready for construction. And then you have to make sure that there are no encumbrances in the zoning plan for the plot. You have to familiarize yourself very well with the zoning plan, says Leisner.
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Homeowner has laid out one million kroner for a public road in Karmøy municipality – news Rogaland – Local news, TV and radio
