The Court of Human Rights has today unanimously ruled that the Norwegian ground lease law § 33 violates the Human Rights Convention Article 1.
The ground lease law has for years regulated Building lease agreements and long term lease for land in Norway. The lease payment is
an annual ground rent from the tenant (lessee) to the landlord (bortfester).
The core of the discussion has been that the ground rent, regulated by law, has not kept pace with the general price increase of the land.
In 2007, The Norwegian Supreme Court concluded unanimously that the ground lease law § 33 does not violate the Human
Rights Convention. The landowners complained the Norwegian government before the Court of Human Rights in 2008. The ruling of the Court of
Human Rights will affect approximately 300,000 Norwegian ground lease agreements as they expire and be renewed.
The consequence of the ruling may be that landowners will have the opportunity to increase the ground rent to five percent of the market value of the land. A plot with a
market value of USD 200.000, may increase to USD 10.000 a year
The ruling of Court of Human Rights means that an amendment will be necessary to prevent future violations and to recover a reasonable economic balance between the
landowner and tenants. The court ruling is expected to influence prices on properties for week-end houses and homes on building lease agreements.
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