Claim against the developer from buyers of condominium flats for defects on joint garage building
Supreme Court judgment 4 March 2021, HR-2021-493-A, (case no. 20-097636SIV-HRET), civil case, appeal against judgment.
Brit Sanness Torstein Sanness, Glenn Sverre Hellum, Torgeir Valdal, Laila Valdal, Roy Åsheim, Jan Christensen's estate, Per Kølner, Huiying Qian Kølner (Counsel Håkon Ustaheim) v. Jarlsø Eiendom AS (Counsel Daniel Wikstøl)
Justices: Falkanger, Normann, Bergsjø, Arntzen, Thyness
Some of the buyers of condominium flats brought an action against the developer, which had also carried out the sale of the flats, demanding correction of defects on a joint garage building. The Supreme Court found that section 32 of the House Building Act had to be interpreted restrictively, preventing the individual owner from requesting rectification in common areas. Such an action had to be brought by the board, alternatively by all owners jointly. This appeared to be the simplest and most expedient solution. The interests of each owner did not heavily suggest otherwise, and an opposite solution would also have entailed legal policy challenges. Emphasis could not be placed on the fact that the board had consented to the buyers' request for rectification.