Planning and Building Control Officer's Hearing

Part A of building permits

• 1212005 – Tjarnarvellir, temporary licence for firework sales

  An application for a position permit for a container unit dated 27.11.2012 has been received from the Knattspyrnufélag Haukar football club, requesting permission to place a container unit at Tjarnarvellir 1 for a firework sale. The period of validity is until 10 January 2013.

  The Planning and Building Officer approves the application.

• 1211356 – Rauðhella 12 trial drawings

  Thröstur Helgason applies on 28.11.12 for an alteration to the internal layout, in accordance with drawings by Ásmundur Sigvaldason dated 21.11.12. The Health Authority's stamp is on the drawing.

  The Planning and Building Officer approves the application in accordance with the Act on Buildings No. 160/2010.

• 1209503 – Brekkuás 9, change of ownership of a private storage unit.

  On 25 September 2012, FM Hús ehf applied to change the ownership of a private storage room in the basement of House No. 9. Storage rooms No. 00-05, according to drawings dated 6 July 2009. The registration form was received on 28 November 2012.

  The Planning and Building Officer approves the application in accordance with the Act on Buildings No. 160/2010.

• 1210329 – Furuás 8, building permit

  Lautarsmári applies on 15.10.12 to build a two-storey semi-detached house in accordance with drawings by Kristinn Ragnarsson dated 12.10.12. The Planning and Building Officer deferred the application on 17/10/12 as it did not comply with the current building regulations. An application is being made to use the older building regulations in accordance with transitional provision no. 1 of the current building regulations.

  The Planning and Building Officer approves the building plans in accordance with Article 11 of the Building Act No. 160/2010, and also that the provisions of the previous Building Regulations may be followed. A building permit shall be issued once the conditions of paragraphs 1-4 of Article 13 of the Construction Act have been fulfilled. Article 13. Issuance of a building permit. Conditions for the issuance of a building permit are as follows: 1. The structure and its use are in accordance with the area's planning schemes.$line$ 2. The main and specialist drawings have been reviewed and the granting authority has endorsed them to confirm approval.$line$ 3. Building permit fees and other required charges have been paid, such as the road construction fee in accordance with the provisions of the Act on Road Construction Charges and the parking fee or fee for planning work in accordance with the provisions of the Planning Act, or an agreement has been reached on their payment. However, fees that are not due for payment until the building permit is issued are excluded.$line$ 4. The building supervisor has signed a declaration of their responsibility and has submitted to the licensing authority the signed declarations of responsibility of the tradesmen who will be responsible for individual parts of the work.

• 1210330 – Furuás 10, building permit

  Lautarsmári is applying on 15/10/12 to build a two-storey semi-detached house in accordance with drawings by Kristinn Ragnarsson dated 12/10/12.

  The Planning and Building Officer approves the building plans in accordance with Article 11 of the Building Act No. 160/2010, and also that the provisions of the previous Building Regulations may be followed. A building permit shall be issued once the conditions of paragraphs 1-4 of Article 13 of the Construction Act have been fulfilled. Article 13. Issuance of a building permit. Conditions for the issuance of a building permit are as follows: 1. The structure and its use are in accordance with the area's planning schemes.$line$ 2. The main and specialist drawings have been reviewed and the licensing authority has signed them to confirm approval.$line$ 3. Building permit fees and other required charges have been paid, such as the road construction fee in accordance with the provisions of the Act on Road Construction Charges and the parking fee or fee for planning work in accordance with the provisions of the Planning Act, or an agreement has been reached on their payment. However, fees that are not due for payment until the building permit is issued are excluded.$line$ 4. The building supervisor has signed a declaration of their responsibility and has submitted to the licensing authority the signed declarations of responsibility of the tradesmen who will be responsible for individual parts of the work.

• 1211284 – Norðurhella 11, building permit

  On 22 November 2012, Alexander Ólafsson applied to build a new retail unit at Norðurhóll 11, in accordance with drawings by Gunnlaugur Jónsson dated 20 October 2012.

  The Planning and Building Officer approves the building plans in accordance with Article 11 of the Building Act No. 160/2010, and also that the provisions of the previous Building Regulations may be followed. A building permit shall be issued once the conditions of paragraphs 1-4 of Article 13 of the Construction Act have been fulfilled. Article 13. Issuance of a building permit. Conditions for the issuance of a building permit are as follows: 1. The structure and its use are in accordance with the area's planning schemes.$line$ 2. The main and specialist drawings have been reviewed and the licensing authority has signed them to confirm approval.$line$ 3. Building permit fees and other required charges have been paid, such as the road construction fee in accordance with the provisions of the Act on Road Construction Charges and the parking fee or fee for planning work in accordance with the provisions of the Planning Act, or an agreement has been reached on their payment. However, fees that are not due for payment until the building permit is issued are excluded.$line$ 4. The building supervisor has signed a declaration of their responsibility and has submitted to the licensing authority the signed declarations of responsibility of the tradesmen who will be responsible for individual parts of the work.

Part B: Organisational Matters

• 1212037 – Helluhraun 16-18, amendment to the local plan

  Consideration of an application from Gestur Ólafsson on behalf of the Eik Property Company for a change to the detailed plan for the plot, in accordance with the attached planning proposal. The Planning and Building Committee had previously granted permission to submit the proposal.

  The Planning and Building Officer refers the matter to the Planning and Building Committee.

• 1005162 – Eskivellir 3, final inspection

  The matter concerns who is the rightful building supervisor for the construction. Ágúst Pétursson signed off from the project when the works were completed and Anton Kjartansson signed the approval of a new building supervisor. A progress inspection/final inspection was not carried out in accordance with paragraph 1 of Article 36 of the then-current Building Regulations No. 441/1998: An inspection shall be carried out on the completed part of the work and, if possible, shall be signed by the outgoing and incoming building supervisors, together with the building officer. The Planning and Building Officer ruled on 31/10/12 that Ágúst Pétursson was the building supervisor as the stage inspection had not been carried out, but that it was possible to appeal the matter to the Building Inspectorate in accordance with Article 18 of the Act on Buildings and Construction No. 123/2010. A letter from the legal counsel of the Building Inspectorate, dated 22.11.12, was presented, which states that Anton Kjartansson is the building supervisor, despite the fact that a status inspection has not been carried out. Furthermore, the initial registration of the building supervisor for the project was presented, which shows that he is registered on behalf of the company Verkþing. The insurance company considers Anton to be the building supervisor, as his insurance is still in effect.

  The Planning and Building Officer is bound by the opinion of the Building Control Authority. In accordance with that opinion, Anton Kjartansson must apply for a final inspection of the house. This matter may be formally referred to the Building Inspectorate for review in accordance with Article 18 of the Act on Buildings and Technical Infrastructure No. 160/2010.

• 1211361 – 79 Suðurgata, provisional and final inspection

  At 79 South Street, there is a garage which was granted planning permission on 14 July 2007 but is not registered in the National Land Registry. A certificate of habitability and final inspection have not been issued. In addition, a concrete staircase has been altered without planning permission.

  The owner is required by the planning and building officer to apply for a building permit within 4 weeks, or to remove the staircase and rebuild the original staircase otherwise. Furthermore, the owner of the garage is required to apply for a certificate of occupancy within four weeks, followed by a final inspection.

• 1211362 – Suðurgata 81, foundation and final inspection

  At 81 Suðurvegur there is a garage for which a building permit was approved on 11 October 2003. A certificate of habitability and final inspection have not been carried out. There is also a concrete staircase without a handrail, which poses a risk of accidents.

  The planning and building officer requires the owner to apply for planning permission within 4 weeks, or otherwise remove the staircase and rebuild the original one. Furthermore, the owner of the garage is required to apply for a certificate of habitability within four weeks, followed by a final inspection.

• 1211363 – At 83 South Street, a staircase has been altered without a building permit.

  At 83 South Street, a concrete staircase has been altered without planning permission.

  The planning and building officer requires the owner to apply for planning permission within 4 weeks or, alternatively, remove the staircase and rebuild the original one.

• 1211120 – Strandgata 21, altered registration

  On 9 November 2012, Smári Brynjarsson applied for a change of registration for the property from a guesthouse to a flat, as the property was previously registered. Previously, a building permit had been approved on 1 January 2006, based on drawings by Gísli Gunnarsson dated 20 November 2004, but the works were never carried out.

  The registration is changed once a new property division agreement has been approved.

• 1210094 – Dalshraun 5 illegal occupation

  Indications have been received of an unauthorised flat and illegal occupation at Dalshrauni 5. The building is on an industrial estate, and residential use is therefore not permitted; a previous application for this purpose was refused. A tip-off has been received from one of the owners that the occupants are living in flats that are not registered as such. A site visit revealed that flats have been created in spaces 201, 202 and 302 without approved plans. As a permanent residence has been registered in the two units registered as flats, the Planning and Building Officer made no objection to occupation on 28 November 2012. Further registration of flats in the building would not be permitted in accordance with the provisions of the Planning Regulations No. 400/1998, section 4.6.1, and occupation in other parts of the building is not permitted. It has been discovered that 24 individuals are registered at the two flats registered as such in the building, and it is therefore clear that some people are living in the parts of the building that are not registered as flats. An email from the Land Registry of Þjóðskrá was presented.

  The Planning and Building Officer will send a request to the National Registry to change the registration of the units listed as flats. Individuals who are already registered with their legal residence can remain so, but it will not be possible to register new individuals with a legal residence in the building.

• 1008106 – Rauðhella 5, stage of construction and use

  An enquiry has been received from the Building Control Authority for the Hafnarfjörður and Kópavogur area regarding the approved use of the building, which is located in an industrial area. According to the property register, the building is still registered at construction stage 4 (structurally complete) although it is fully built and in use, and the mandatory final inspection has not been carried out. On 10 August 2010, the Building Control Officer required the building supervisor to apply for a final inspection within four weeks. The deadline was extended to 15 February 2011. The Planning and Building Officer scheduled a final inspection for 23.03.2012 at 15:00 in accordance with Article 36 of the Building Regulations Act no. 160/2010. The building supervisor was required to take the measures stipulated by the law. If he failed to comply, the planning and building officer would apply the provisions of Articles 56 and 57 of the same Act regarding daily fines and a reprimand. The building supervisor contacted the officer and was granted an extension, but nothing has happened on the matter since.

  The planning and building officer requires the building supervisor to apply for a final inspection within 3 weeks and also reminds them of the owners' liability in accordance with the Act on Buildings No. 160/2010. If this is not complied with, the planning and building officer will impose daily fines on the building surveyor and owners, and will also refer the matter to the Building Authority for a reprimand of the building surveyor.

• 1012104 – Ishelli 7, alteration to the internal layout of assessment unit 02

  Notice is hereby given that Pétur Helgason has been registered as the project manager for the construction works on plot no. 7 at Íshellu.

  The Planning and Building Officer invites the building supervisor to a site inspection/final inspection on 19 December 2012 at 15:00.

• 1011239 – Rauðhella 7, stage of construction and use

  At Rauðhella 7, which is in an industrial estate, there are 7 registered properties, all on plot 4, block 8, but the building is in use. On 24.11.10, the planning and building officer required the building supervisor to apply for a final inspection within three weeks, but the deadline was extended to 15.02.11. The Planning and Building Officer scheduled a final inspection for 23.02.12, but an extension was granted as drawings were being prepared.

  The Planning and Building Officer requires the owners and the building supervisor to apply for a final inspection by 15/01/13. Failure to do so will result in the Planning and Building Officer invoking the provisions of the Buildings Act No. 160/2010 to compel remedial action.

• 1011270 – Rauðhella 16, stage of construction and use

  At Rauðhellu 16, 3 properties are registered; 2 are on building permit 7 and site permit 7, but one, 0103, is on building permit 4 and site permit 7, which indicates that a final inspection is missing, although the building has been put into use. The Planning and Building Officer called for a final inspection on 23.02.12, but an extension was granted as drawings were being worked on.

  The Planning and Building Officer requires the owners and the building supervisor to apply for a final inspection by 15/01/13. Failure to do so will result in the Planning and Building Officer invoking the provisions of the Buildings Act No. 160/2010 to compel remedial action.

• 1011331 – Suðurhella 6, stage of construction and use

  Suðurhella 6, which is on an industrial estate, is registered on building permit/certificate 4, despite the building appearing to be fully constructed and in use; a final inspection is outstanding. On 24 November 2010, the Building Control Officer required the building supervisor to apply for a final inspection within three weeks, in accordance with section 53.1 of the Building Regulations. It has since been discovered that there is no building supervisor for the property. There should be a functioning residents' association which convenes a proper residents' meeting (meaning that all owners are invited to the meeting by letter of authority or by other verifiable means). A majority vote at the meeting then decides to appoint a building surveyor to carry out the legally required inspections. On 02/02/11, the planning and building officer required the owner to appoint a building surveyor and apply for a safety inspection for all areas of the building. The planning and building officer requires the owners to respond to this notice within two weeks. If this is not done, the Planning and Building Officer will impose daily penalties on the building surveyor and the owner in accordance with the authority in the Building Regulations Act no. 160/2010, and will also send a notification to the Building Inspectorate regarding a reprimand for the building surveyor in accordance with the same act. The Planning and Building Officer reiterated the request on 18/01/12. The request has not yet been addressed.

  The Planning and Building Officer imposes daily fines on the owners: Vað Fasteignafélag ehf, Jökul Heiðdal Úlfsson, Bílaleiguna Jökul ehf., Null ehf and Jón Auðunn Jónsson in accordance with Article 56 of the Act on Structures no. 160/2010, a fine of kr. 20,000 per day from 01.02.13, should the request not be complied with and a building supervisor appointed to apply for the final inspection by that date.

• 1011332 – Suðurhella 7, stage of construction and use

  Suðurhella 7, which is on an industrial estate, is registered on building permit 4, modification 8, despite the building appearing to be fully completed and in use. A final inspection is missing. On 24.11.10, the Building Control Officer required the building supervisor to apply for a final inspection within three weeks, but an extension was granted until 09.03.11. On 18.01.12, the planning and building officer required the building surveyor to request a re-inspection for occupancy within three weeks and also pointed out the owner's responsibility to supervise the building surveyor's work. If this were not done, the planning and building officer would impose daily fines on the building supervisor and the owner in accordance with the authority in the Building Regulations Act no. 160/2010, and would also send a report to the Building Inspectorate regarding a reprimand for the building supervisor in accordance with the same act. The matter has not been addressed.

  The Planning and Building Officer imposes daily fines on the building manager, Bergsvein Jakobsson, and the owners: Suðurhellu ehf, Stálnaust ehf, Flúx ehf, Suðurhellu 7 ehf and Frystitækni ehf, in accordance with Article 56 of the Act on Construction Works No. 160/2010, a fine of kr. 20,000 per day from 01.02.13 will be imposed if the request is not complied with by that date.

C-part of the message has been resent

• 1212022 – Íshella 7, building permit for a gas tank on the plot

  Viking Life-Saving in Iceland is applying to place a gas tank on the plot at Íshlú 7, in accordance with the drawings by Verkfræðistofa Hauks Ásgeirssonar dated 28.11.2012.

  The Planning and Building Officer has deferred the matter as the submitted documents are insufficient. Please see the attached comments.

• 1211145 – Middlejärn 41, alteration

  Jón I. Garðarsson ehf applied on 12 November 2012 to install a window and a door on the west side and to alter the internal layout in accordance with drawings by Jón Guðmundsson dated 10 October 2012. New drawings were received on 30 November 2012.

  The Planning and Building Officer postpones the matter as the comments have not been addressed.

• 1211201 – Thrastará 36, updated main drawings for final inspection

  Andri Ægisson submitted updated main drawings for the final inspection on 16.11.12, in accordance with the drawings by Gísli G. Gunnarsson of 12.11.12. Corrected drawings were received on 30.11.2012.

  The Planning and Building Officer has deferred the application as the submitted documents are insufficient and the application does not comply with the planning regulations. Please see the attached comments.