Norway – Construction work for multi-dwelling buildings and individual houses – Sheltered accommodation flats with a base and activity centre Nyli.

Arendal City Council has, in bs case 86/2025, 28.08.2025, approved the purchase of sheltered accommodation flats, as well as a base and day activity centre at Nyli. The contract is for the procurement of buildings. According to the Contracting Authority's assessment, the procurement falls outside the scope of the Procurement Act and regulations, cf. the Public Procurement Regulations § 2-4 letter a. The provision applies in accordance with the wording purchase or hire of existing buildings, but it is due to fixed case law that the exception may also include the purchase or hire of buildings that have not yet been erected. The premise is that the contract is a real purchase contract or hire contract, and not in reality a building and construction contract. Arendal municipality has set a prerequisite that relevant residential units must fulfil Husbanken ́s rules for sheltered accommodations, but otherwise has no influence on the construction work. The municipality ́s risk is limited to paying the agreed purchase price when the terms for the hand over are met.