Exploateringsavtal vid enskilt huvudmannaskap - En kartläggning av exploateringsavtalens innehåll

In areas with private mandatorship for public spaces a joint facility is formed for the operation and maintenance of the facility. The main rule is that the municipality is the mandator of public spaces. If special exceptions occour, the mandatorship can be transferred to the private land-owners. In these cases, a community association for the land-owners is formed to administrate the joint facility. To implement a detailed development plan where the land developer owns the property, a land development agreement is established between the municipality and the land developer. In areas with private mandatorship and where a land development agreement is current, the rules are slightly unclear. Since January 1, 2015 new rules regarding development agreements are introduced in the Swedish Planning and Building Act. According to one of the new rules, there is a requirement where municipalities that intend to enter into development agreements must adopt guidelines concerning these agreements. One of the main questions is if these guidelines have affected the municipalities’ work in forming these agreements. Other questions discussed in the report are which contract terms that occour, the consequences for the land developer if the terms are not followed and how the free hold title for the public spaces is handled. The results show that there is a huge difference in the content of the development agreements between the municipalities. Control and monitoring of the facilities is often induqate and the officials often have the perception that it is not their responsibility. Despite poor content of many agreements, the land developers of the majority of the cases have met their commitments under the development agreement.