Deviation permits & planning solutions

In principle, construction always requires a permit and must comply with the provisions of the town plan, general plan or building regulations. In the case of deviations from the provisions of a town plan, construction always requires a deviation permit.

The municipality may, on application and for a special reason, grant a deviation from a provision, order, prohibition or other restriction on construction or other measure laid down in or issued pursuant to the Land Use and Building Act prior to the issue of a building permit (MRL § 171).

There must always be a specific reason and justification for the deviation and an assessment of the main effects of the deviation. As a general rule, the deviation must lead to a better outcome in terms of, for example, landscape, environment, safety, level of service, use of the building, conservation objectives or traffic conditions.

In addition to a special reason, according to § 171 of the MRL, a deviation may not be granted if it:

1. is harmful to urban planning, the implementation of the plan or other land-use planning;
2. make it difficult to achieve nature conservation objectives;
3. make it more difficult to achieve the objectives of protecting the built environment; or
4. result in construction with a significant impact or otherwise cause significant negative environmental or other effects.

No exemption may be granted from the provisions on landscape work permits or from the special conditions for planning permission in a planning need area, as provided for in Article 137.

In the case of major construction projects that do not comply with the town plan, a change to the town plan is justified from the point of view of land-use planning. An increase in building rights or a change of use of a holiday home in a coastal zone always requires an amendment to the site plan.

The deviation decision is valid for two (2) years, during which time the necessary building permit must be applied for. After the expiry of the appeal period, the applicant must ensure that the decision is not subject to appeal to the Turku Administrative Court. The time limit for appeal is indicated in the notice of appeal attached to the decision.

Before applying for a building permit, in unzoned areas and in areas of planning need as defined in the city’s building regulations, it may be necessary to resolve the conditions for construction by means of a planning permit. In some cases, it may be necessary to apply for deviations from provisions such as those in the building regulations in connection with a planning permit.

A planning reserve is an area outside a zoning plan area in which, because of the dense construction that has already taken place or other circumstances in the area, it is necessary to take special measures, such as building roads, water pipes or sewers or organizing free areas (MRL § 16, MRL § 136 and § 137). In addition, construction in the planning development area must not lead to construction with a significant impact or cause significant adverse environmental or other effects.

A planning permission is also required in an area with a nationally valuable landscape area, a nationally significant built cultural environment or another area of national or provincial value.

The planning permission for coastal areas is granted by means of a deviation permit (MRL § 72).

In order to obtain a building permit for a planning permit in an area where a zoning plan has not been approved, the construction must:

1. does not adversely affect urban planning, general planning or other land-use planning;
2. is suitable for the provision of public utility networks and transport routes, traffic safety and accessibility of services; and
3. is appropriate from a landscape point of view and does not prejudice the conservation of special natural or cultural environmental values or the provision of recreational facilities.

The planning permit is valid for two (2) years and, in addition to the approved decision, the actual building permit must be applied for during the period of validity of the decision. After the expiry of the appeal period, the applicant must ensure that the decision is not subject to appeal to the Turku Administrative Court. The deadline for appeals is indicated in the notice of appeal attached to the decision.

The planning zones indicated in the building regulations can be found here.