Derogation permit

Apply for a derogation from the municipality before applying for a building permit.

Include the following documents in your application:

• an environmental map showing the location of the area
• a site plan showing both the existing and planned buildings or construction work at the construction site
• a document demonstrating control of the building site or another basis for applying for a derogation
• a report on the consultation of neighbours.

State your reasons for applying and assess the potential impacts of your construction project.

Application for decision regarding necessity of planning is handed in to the Vasa city planning department. The neighbors of the building site should be notified about the application. The neighbor consultation can be carried out by the city of Vaasa, if needed, at a cost of 60€/neighbor, levied on the applicant.

If the entrepreneur has established itself in another country in the European Economic Area and temporarily offers services in Finland, the same permits are required as from entrepreneurs established in Finland.

Prerequisites for granting of a decision regarding necessity of planning are, in accordance with the land use – and building’s act 137 §, that construction may not cause inconvenience in regards to the planning procedures or other regulating of land use and that it does not lead to adverse societal development. Construction must be suitable with regards to the landscape and must not hinder preservation of special natural- or cultural values or recreational needs. Furthermore, building in an area in need of planning must not lead to construction having substantial consequences and must not cause significant, harmful environmental consequences or other significant or harmful consequences.

The Vaasa city council’s board of planning has approved guidelines regarding principles of dimensioning, of which the goal is to promote detail planning in favor of spread out building as well as equal treatment of land owners. These principles also outline the amount of construction that can be permitted in various areas.

In certain cases, applying for a building permit can require a derogation permit (i.e. a derogation decision) or an extended building permit review.

If a builder wishes to derogate from the plan or other provisions, regulations, prohibitions or other restrictions established in the Land Use Act and the Construction Act, such as the building code, they will need a derogation permit municipality before getting a building permit. In the derogation permit, the municipality indicates the period during which the builder must apply for a building permit. The period may not exceed two years.

If the builder is applying for a building permit for an area requiring planning, the municipality will consider the specific prerequisites for a building permit during the building permit process and conduct an extended building permit review. An area requiring planning is an area where, due to previous construction or other conditions in the area, special measures need to be taken, such as constructing roads, water pipes or sewers. The environmental effects of construction in an area requiring planning may also require the municipality to conduct a more extensive review than would be typical for a building permit process.

A derogation permit can only be granted if there is a specific reason for derogation.

The derogation must not have a negative effect on planning, a plan’s implementation or other use of the area. It must also not hinder the achievement of objectives related to nature conservation or protecting the built environment, result in construction with significant impacts, or otherwise cause significant harmful environmental effects or other effects.