Planning and Building Control Officer's Hearing

23 July 2014 at 13:00

in the meeting room of Norðurhella 2

Meeting 520

Present at the meeting

  • Bjarki Jóhannesson Stage manager
  • Malfríður Kristjánsdóttir employee
  • Thormodur Sveinsson employee
  • Sigurður Steinar Jónsson employee

Secretary

  • Bjarki Jóhannesson Director/Planning and Building Officer
  1. Part A of building permits

    • 1407158 – Flugvellir 1, application for a building permit

      Permission is sought for a substation for the new Icelandair building, see attached drawings.

      The Planning and Building Officer approves the building plans in accordance with Article 11 of the Building Regulations No. 160/2010. A written building permit will be issued once the conditions of paragraphs 1-4 of Article 13 of the Building Regulations have been met:$line$$line$ Article 13. Issuance of a building permit.$line$ The conditions for issuing a building permit are as follows: $line$1. The structure and its use are in accordance with the area's planning schemes.$line$2. The main and specialist drawings have been reviewed and the licensing authority has endorsed them to confirm approval.$line$3. Building permit fees and other required charges have been paid, such as the road development levy in accordance with the provisions of the Road Development Levy Act and the parking levy or fee for planning work in accordance with the provisions of the Planning Act, or an agreement has been made for their payment. However, this does not apply to fees that are not due for payment until the building permit is issued.$line$4. The building supervisor has signed a declaration of their responsibility and has submitted to the licensing authority the signed declarations of responsibility from the tradesmen who will be responsible for individual parts of the work.

    • 1407159 – Rio Tinto Alcan Straumsvík 12154 c/o canteen/earthquake strengthening of building permit

      On 15 July 2014, Rio Tinto Alcan applied to add earthquake strengthening to a canteen building with retaining walls to be erected outside the existing structure and connected to its existing load-bearing framework, in accordance with drawings by Þorkell Magnússon dated 14 July 2014.

      The Planning and Building Officer approves the building plans in accordance with Article 11 of the Building Regulations No. 160/2010. A written building permit will be issued once the conditions of paragraphs 1-4 of Article 13 of the Building Regulations have been met:$line$$line$ Article 13. Issuance of a building permit.$line$ The conditions for issuing a building permit are as follows: $line$1. The structure and its use are in accordance with the area's planning schemes.$line$2. The main and specialist drawings have been reviewed and the licensing authority has endorsed them to confirm approval.$line$3. Building permit fees and other required charges have been paid, such as the road development levy in accordance with the provisions of the Road Development Levy Act and the parking levy or fee for planning work in accordance with the provisions of the Planning Act, or an agreement has been made for their payment. However, this does not apply to fees that are not due for payment until the building permit is issued.$line$4. The building supervisor has signed a declaration of their responsibility and has submitted to the licensing authority the signed declarations of responsibility from the tradesmen who will be responsible for individual parts of the work.

    • 1405189 – Hnoðravellir 52, building permit

      Brynja Housing Association applies on 13/05/14 to build a seven-unit terraced house, concrete-built with a timber roof, in accordance with drawings by Logi Már Einarsson dated 06/05/14.

      The Planning and Building Officer approves the building plans in accordance with Article 11 of the Building Regulations Act no. 160/2010. The building is in accordance with the current detailed plan, but the applicant is advised that the plan is currently the subject of an appeal. A written building permit will be issued once the conditions of paragraphs 1-4 of Article 13 of the Building Regulations have been met. However, it is the owners' responsibility if work commences before a decision is made, should it be a negative one, in which case the council will not be liable for any compensation.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$2. The main and specialist drawings have been reviewed and the licensing authority has endorsed them to confirm approval.$line$3. Building permit fees and other required charges have been paid, such as the road construction fee in accordance with the provisions of the Road Construction Fee Act, and the parking fee or fee for planning work in accordance with the provisions of the Planning Act, or an agreement has been made for their payment. However, this does not apply to fees that are not due for payment until the building permit is issued.$line$4. The building supervisor has signed a declaration of their responsibility and has submitted to the licensing authority the signed declarations of responsibility from the tradesmen who will be responsible for individual parts of the work.

    • 1405192 – Hnoðravellir 54, building permit

      Brynja Housing Association applies on 13/05/14 to build a seven-unit terraced house, concrete-built with a timber roof, in accordance with drawings by Logi Már Einarsson dated 06/05/14.

      The Planning and Building Officer approves the building plans in accordance with Article 11 of the Building Regulations Act no. 160/2010. The building is in accordance with the current detailed plan, but the applicant is advised that the plan is currently the subject of an appeal. A written building permit will be issued once the conditions of paragraphs 1-4 of Article 13 of the Building Regulations have been met. However, it is the owners' responsibility if work commences before a decision is made, should it be a negative one, in which case the council will not be liable for any compensation.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$2. The main and specialist drawings have been reviewed and the licensing authority has endorsed them to confirm approval.$line$3. Building permit fees and other required charges have been paid, such as the road construction fee in accordance with the provisions of the Road Construction Fee Act, and the parking fee or fee for planning work in accordance with the provisions of the Planning Act, or an agreement has been made for their payment. However, this does not apply to fees that are not due for payment until the building permit is issued.$line$4. The building supervisor has signed a declaration of their responsibility and has submitted to the licensing authority the signed declarations of responsibility from the tradesmen who will be responsible for individual parts of the work.

    • 1405193 – Hnoðravellir 56, building permit

      Brynja Housing Association applies on 13/05/14 to build a seven-unit terraced house, concrete-built with a timber roof, in accordance with drawings by Logi Már Einarsson dated 06/05/14.

      The Planning and Building Officer approves the building plans in accordance with Article 11 of the Building Regulations Act no. 160/2010. The building is in accordance with the current detailed plan, but the applicant is advised that the plan is currently the subject of an appeal. A written building permit will be issued once the conditions of paragraphs 1-4 of Article 13 of the Building Regulations have been met. However, it is the owners' responsibility if work commences before a decision is made, should it be a negative one, in which case the council will not be liable for any compensation.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$2. The main and specialist drawings have been reviewed and the licensing authority has endorsed them to confirm approval.$line$3. Building permit fees and other required charges have been paid, such as the road construction fee in accordance with the provisions of the Road Construction Fee Act, and the parking fee or fee for planning work in accordance with the provisions of the Planning Act, or an agreement has been made for their payment. However, this does not apply to fees that are not due for payment until the building permit is issued.$line$4. The building supervisor has signed a declaration of their responsibility and has submitted to the licensing authority the signed declarations of responsibility from the tradesmen who will be responsible for individual parts of the work.

    • 1405194 – Hnoðravellir 58, building permit

      Brynja Housing Association applies on 13/05/14 to build a seven-unit terraced house, concrete-built with a timber roof, in accordance with drawings by Logi Már Einarsson dated 06/05/14.

      The Planning and Building Officer approves the building plans in accordance with Article 11 of the Building Regulations Act no. 160/2010. The building is in accordance with the current detailed plan, but the applicant is advised that the plan is currently the subject of an appeal. A written building permit will be issued once the conditions of paragraphs 1-4 of Article 13 of the Building Regulations have been met. However, it is the owners' responsibility if work commences before a decision is made, should it be a negative one, in which case the council will not be liable for any compensation.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$2. The main and specialist drawings have been reviewed and the licensing authority has endorsed them to confirm approval.$line$3. Building permit fees and other required charges have been paid, such as the road construction fee in accordance with the provisions of the Road Construction Fee Act, and the parking fee or fee for planning work in accordance with the provisions of the Planning Act, or an agreement has been made for their payment. However, this does not apply to fees that are not due for payment until the building permit is issued.$line$4. The building supervisor has signed a declaration of their responsibility and has submitted to the licensing authority the signed declarations of responsibility from the tradesmen who will be responsible for individual parts of the work.

    Part B: Organisational Matters

    • 1407207 – Skúlaskeið 8, enquiry

      On 22 July 2014, Gudlaugur Róbertsson submitted an enquiry regarding the installation of a new roof, the creation of two flats, a rear external staircase and the fencing of a veranda. Balconies are proposed on the front elevation, along with railings facing the street.

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

    • 0705231 – Brattakinn 29, enquiry

      Guðrún K. Sigurðardóttir submits an enquiry on 18.07.2011, requesting that the provision regarding the house in the local plan be removed, as the house is younger than stated, and has furthermore been altered. Information has been received from the Hafnarfjörður Folk Museum regarding the house's original age.

      The Planning and Building Officer requests an opinion from the National Heritage Institute on whether alterations to the house would be permitted, should an application for them be submitted.

    • 1312127 – Reykjavíkurvegur 4b, application for a building permit

      Daniel Vidar Eliasson applies by email to erect a shelter wall along Reykjavikurvegur and Hverfisgata.

      The lease agreement stipulates that when planting and maintaining trees, care must be taken not to obstruct the view. A new lease agreement has not been signed, and the shelter wall is therefore outside the property boundary. It contains text stating that fences will not be permitted if they are deemed unnecessary or an eyesore. The application cannot be processed unless drawings of the screen wall are received and a new lease agreement is signed.

    • 1011375 – Melabraut 24, stage of construction and use

      Melabraut 24 is registered on building permit 4 and final inspection 7 and 8, despite the building appearing to be fully completed and in use. A final inspection was carried out but was not concluded as comments were made. On 18/01/12, the Planning and Building Officer required the building surveyor to rectify the noted issues and to request a re-inspection within four weeks. There is no building surveyor on site.

      The house is not fully fire-insured and its safety is not compliant. The planning and building officer requires the owners to appoint a new building supervisor within 4 weeks to rectify the safety issues and apply for a final inspection. 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.

    • 1403276 – Miðhella 4, application for a building permit

      There are currently 6 properties registered at Miðhellu 4. The last approval was on 12 July 2013, when the number of properties was reduced by one. A further reduction is now in progress. For this to proceed, a declaration of sub-division is required; otherwise, the reduction cannot be registered. A final inspection took place on 24/05/13, but was not completed as comments were made.

      The building is not fully insured and its safety is not in order. The planning and building officer stresses that a new property title deed must be drawn up to reflect the reduction in properties, so that a final inspection of the building can be carried out.

    • 1003444 – Norðurhella 10, stage of construction and use.

      The building is registered at construction stage 2, inspection of the foundation walls, but it is fully completed and in use. Daily fines were imposed, but an extension was granted until 03.03.11 to complete the inspections. On 28.03.12, the Planning and Building Officer required the building owner to apply for a certificate of occupancy within 3 weeks. If this is not complied with, the Planning and Building Officer will use the provisions of the Building Regulations to enforce remedial action.

      The fire brigade made serious observations regarding the fire safety measures in 2009, and no safety inspection of the building has been carried out since then. The Planning and Building Officer will commence enforcement action on the previously served daily penalties from 01/09/14 if a final inspection of the building is not scheduled by that date.

    • 1011351 – Brekkutröð 3, stage of construction and use

      Brekkutröð 3 is registered with a floor area of 4 sq m and a gross floor area of 8 sq m, despite the building appearing to be fully constructed and in use. A final inspection revealed that almost all owners have created illegal lofts. The building's fire safety measures are also incomplete. On 13 March 2013, the Planning and Building Officer required the owners to submit correct drawings of the building, approved by the Capital Region Fire and Rescue Service, within four weeks, or otherwise remove the lofts. Should the request go unanswered, the Planning and Building Officer will invoke the provisions of the Buildings Act No. 160/2010 to compel the necessary improvements. The request was not responded to. The Planning and Building Officer reiterated the request on 14.08.13, along with applying for a final inspection within six weeks. If this was not addressed, the planning and building officer would impose daily fines on the building supervisor and owners and send a request to the Building Inspectorate for a reprimand in accordance with the Buildings Act No. 160/2010.

      The house is not fully fire-insured and safety issues are not in order. The Planning and Building Officer imposes a daily fine of kr. 20,000 on the building supervisor, Magnús Guðmundsson, and the same amount on the owners: Epoxy flex gólflagnir ehf, Snittvélin sf, Halldór Ólafsson, Skin ehf, Gunnar Hjaltalín, Berglind ehf, Ólafur Guðmundsson, Hólmgeir Guðmundsson, Þórður Rúnar Magnússon, Suðurskel ehf and Rausn ehf, from 01.09.2014, in accordance with Article 56 of the Act on structures no. 160/2010, if the building supervisor has not applied for a final inspection by that date. Furthermore, a request will be sent to the Building Authority to issue a reprimand to the building supervisor in accordance with Article 57 of the Act on Construction Works. Attention is also drawn to the responsibility of owners to supervise the work of the building supervisor, in accordance with Article 15 of the same Act.

    • 1110223 – Eyrartröð 12, extension, completion certificate and registration

      On 10 June 2009, planning permission was granted for an extension on the plot at 12 Eyrartröð, for the owner, Opal Holding ehf. A final inspection of the extension has not yet been carried out.

      The planning and building officer shall require the building supervisor to apply for a final inspection within four weeks. Failure to do so will result in the planning and building officer applying the provisions of Article 56 of the Building Regulations Act no. 160/2010 to enforce remedial action. Owners' responsibility to supervise the work of the building supervisor, in accordance with section 15 of the same Act, is also drawn to the attention.

    • 1407215 – Dalsás 2. Safety and final inspection incomplete.

      The building is registered at stage 5 of construction, so neither a safety inspection nor a final inspection has been carried out, even though individual flats have been moved into.

      Occupancy is not permitted in the building in accordance with the Construction Act No. 160/2010, and it is not insured against fire. The planning and building officer requires the building supervisor to apply for a safety or final inspection within two weeks.

    • 1407214 – Dalsás 4. Safety and final inspection incomplete.

      The building is registered at stage 5 of construction, so neither a safety inspection nor a final inspection has been carried out, even though individual flats have been moved into.

      Occupancy is not permitted in the building in accordance with the Construction Act No. 160/2010, and it is not insured against fire. The planning and building officer requires the building supervisor to apply for a safety or final inspection within two weeks.

    • 1407250 – Dalsás 6. Safety and final inspection incomplete.

      The building is registered at stage 5 of construction, so neither a safety inspection nor a final inspection has been carried out, even though individual flats have been moved into.

      Occupancy is not permitted in the building in accordance with the Construction Act No. 160/2010, and it is not insured against fire. The planning and building officer requires the building supervisor to apply for a safety or final inspection within two weeks.

    • 1011320 – Gjáhella 5 stages of construction and use

      Gjáhella 5, which is in an industrial estate, is registered on bst. 4, mst. 8 despite being fully built and in use; it is missing a final inspection. An extension was granted until 01/04/11. A final inspection was scheduled, which was refused as the building supervisor did not attend the site and the building was not constructed in accordance with the approved plans. As-built drawings have been received and approved.

      The house is not fully fire insured and a safety inspection has not been carried out. The Planning and Building Officer shall require the building surveyor to convene a final inspection within 4 weeks, and if no building surveyor is registered for the property, the owners shall appoint a new one who shall convene a final inspection within the same period.

    • 1011331 – Suðurhella 6, stage of construction and use

      Suðurhella 6, which is on an industrial estate, is registered on building permit 4/site inspection 8, despite the building being fully constructed and in use; a final inspection is missing. On 24.11.10, the building control officer required the building surveyor to apply for a final inspection within three weeks in accordance with section 53.1 of the building regulations. It then came to light that there was no building surveyor for the property. 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 rooms in the building. On 01.18.12, the planning and building officer required the owners to respond to the 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 Planning and Building Officer imposed daily fines on the owners on 06.06.12. A deadline was set for 01.04.13, on the condition that a final inspection was scheduled before then and the daily fines put on hold in the meantime. The matter had still not been addressed. As new owners are taking over part of the house, on 19/02/14 the planning and building officer gave the owners a further two weeks to respond to the notice before new daily fines are imposed, i.e. to appoint a building surveyor and arrange a final inspection of the house.

      The building is not fully fire insured and a safety assessment has not been carried out. The Planning and Building Officer will impose daily fines on the owners in accordance with section 56 of the Buildings Act no. 160/2010 if the matter is not addressed within 4 weeks.

    • 1011244 – Rauðhella 8, stage of construction and use

      There are 3 properties registered at Rauðhellu 8, which are registered in block 4, building 8, except for 0103 which is registered in block 4, building 7; all have been put into use. A final inspection took place on 06.05.13, but was not completed as comments were made. 6 weeks were given to rectify the deficiencies and reapply for the final inspection. This was not addressed. On 12.02.14, the planning and building officer required the building supervisor to apply for the final inspection within two weeks. If this was not addressed, the planning and building officer would invoke the provisions of Article 56 of the Construction Act No. 160/2010 to compel remedial action.

      The building's safety standards are deficient and the building is not fully insured against fire. The Planning and Building Officer is imposing a daily fine of kr. 20,000 on the building supervisor, Hans Ragnar Þorsteinsson, and the same amount on the owners: Lýsing hf., AH – Önglar ehf and H. Jacobsen ehf, from 01.09.2014, in accordance with Article 56 of the Act on structures no. 160/2010, if the building supervisor has not applied for a final inspection by that date. Furthermore, a request will be sent to the Building Authority to issue a reprimand to the building supervisor in accordance with Article 57 of the Act on Construction Works. Attention is also drawn to the responsibility of the owners to supervise the work of the building supervisor, in accordance with Article 15 of the same Act.

    • 1405316 – Kaldakinn 29, shed on the plot

      A complaint has been received regarding a shed by the house and a vehicle beside it on the town's land. On 16.05.14, the Planning and Building Officer instructed the owner of the shed to remove it within three weeks and likewise instructed the owner of the car to remove it within three weeks. The request was not complied with. On 25.06.14, the planning and building officer reiterated his instructions and also required that the rubbish bins be placed within the plot. If these are not addressed within 3 weeks, the Planning and Building Officer will invoke the provisions of Article 56 of the Buildings Act no. 160/2010 to enforce remedial action. The matter has not been addressed.

      The Planning and Building Officer will impose daily penalties on the property owners in accordance with section 56 of the Buildings Act no. 160/2010 if the request is not addressed within 4 weeks.

    • 1005048 – Skútahraun 11, site finishing

      Last spring, a letter was sent to homeowners in the neighbourhood asking them to tidy up their plots of land, apply for permission for containers, etc. Upon inspection, it has been found that no action has been taken at Skútahraun 11, and the plot is one of the worst-looking in the neighbourhood.

      The Planning and Building Officer requires the owners to improve the upkeep of the plot within three weeks. Failure to do so will result in the Planning and Building Officer invoking the provisions of Article 56 of the Construction Act No. 160/2010 to compel remedial action.

    • 1011348 – Óseyrarbraut 6, stage of construction and use

      Óseyrarbraut 6 is registered as bst 4 mst 8, despite the house appearing to be fully completed and in use. On 01.12.10, the planning and building officer required the building supervisor to apply for a final inspection within three weeks. This was not complied with, and the Planning and Building Officer called for a final inspection on 03.03.11. The building supervisor failed to respond to the request. The Planning and Building Officer again called for a final inspection on 01.03.2012. The building supervisor was required to take the measures stipulated by law. If he fails to comply with the request, the planning and building officer will apply the provisions of Articles 56 and 57 of the same law regarding daily fines and a reprimand. It is noted that the building supervisor, Sigurður Bjarnason, was removed from the project in 2005, and no one was appointed in his place. All works carried out since then are therefore the responsibility of the owners. On 4 July 2012, the planning and building officer required the owners to appoint a building surveyor to apply for a final inspection within 4 weeks. Failure to comply would result in the planning and building officer invoking the provisions of Article 56 of the Buildings Act no. 160/2010 to compel remedial action. The as-built drawings were approved on 22 August 2012. On 28 November 2012, the planning and building officer gave the owners an extension until 1 January 2013 to appoint a building surveyor to apply for the final inspection within that time. Failure to comply would result in the planning and building officer invoking the provisions of Article 56 of the Buildings Act no. 160/2010 to enforce remedial action. Daily fines were imposed on the owners on 03.07.13, but collection was postponed as an application for a final inspection was submitted, which took place on 02.12.13, but did not conclude as comments were made.

      The building's safety is deficient. The Planning and Building Officer requires the building manager to apply for a re-inspection within 4 weeks and also reminds them of the owners' responsibilities under the Construction Act No. 160/2010.

    • 1203188 – Rauðhella 14, Final inspection

      The final inspection took place on 06.06.12 but was not completed as comments were made. Six weeks were given to rectify what was missing and to reapply for the final inspection. No action has been taken on this, except that the owner of bay 104 has requested a re-inspection. There is no building surveyor registered for the property.

      The house does not conform to the approved plans, safety standards are lacking, and the house is not insured against fire. The planning and building officer requires the owners to appoint a new building supervisor to arrange a final inspection within 6 weeks.

    C-part of the message has been resent

    • 1407162 – 14 Garðavegur, as-built drawing

      Guðbergur Ástráðsson is submitting test drawings for the extension, stairs/steps, in accordance with the drawings by Erlendur Árnason Hjálmarsson dated 25.05.04.

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

    • 1407177 – Hjallahraun 2, alteration

      Skel ehf applied on 18.07.14 to install pedestrian and vehicular doors on the west side of assessment unit 4, in accordance with drawings by Sveinn Karlsson dated 12.07.14.

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

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