Contributor: Kyrre W. Kielland, Partner, Advokatfirmaet Ræder AS
1. Which authority is in charge of the civil aviation registry in Norway? Does Norway use a single-registry system or is there a dual-registry system in place?
The Norwegian Civil Aviation Authority (“Luftfartstilsynet”) is the Norwegian authority in charge of the civil aviation in Norway, cf. Civil Aviation Act section 15-3.
“Luftfartstilsynet” is also in charge of the civil aviation registry, cf. Civil Aviation Act section 3-1 and Registration of Aviation (administrative regulation) section 4.
Norway uses a single-registry system – The Norwegian Civil Aircraft Register (“Luftfartøyregisteret”), cf. Civil Aviation Act section 3-1. The Norwegian Civil Aircraft Register does, however, recognize international interests registered in the International Registry.
2. Is the registry an operator registry or an owner registry (or both)?
The Norwegian Civil Aircraft Register is an owner registry, cf. Civil Aviation Act section 3-4 and 3-5.
3. What are the requirements and documentation to register an aircraft in Norway? Include references to formalities such as notarisation, legalization, etc.
The relevant rules are regulated by the section 3-2 to 3-21 of the Civil Aviation Act and Registration of Aviation (administrative regulation) section 7 to 23.
If the aircraft has been provisionally registered abroad, ordinary registration must be carried out so that a permanent nationality and registration certificate can be issued.
In most cases, the aircraft has not been provisionally registered and is registered directly according to the rules for ordinary registration.
Requirements for the aircraft:
The aircraft must be assigned registration letters, cf. Civil Aviation Act section 3-5.
Requirements for owner: (cf. Civil Aviation Act section 3-2)
- Norwegian citizen
- EEA citizen – Citizen of an EU / EEA country.
- Non-EEA citizen – A private person who is a citizen of a country outside the EU / EEA area can apply for a dispensation from the nationality requirement in the Civil Aviation Act § 3-2. Exemption will, for example, be granted if the owner is a resident of Norway.
- Norwegian company, enterprise, or association – The Norwegian Civil Aviation Authority collects information directly from the Brønnøysund Register Centre. Property co-ownership is only accepted as owner if the co-ownership is registered in the Brønnøysund Register Centre. If the co-ownership is not registered, each individual co-owner must be the owner in the aircraft register.
- EEA company, company, or association – The company must be effectively controlled by EU / EEA citizens. For example, more than 50% of voting shares are owned by EU / EEA citizens.
- Non-EEA company, enterprise or association – When the owner is domiciled outside the EEA area, the owner can apply for a dispensation from the nationality requirement in the Civil Aviation Act § 3-2. Exemption is granted if there is a lease agreement in favor of a Norwegian operator.
Requirements for documentation: (Civil Aviation Act section 3-18 and Registration of Aviation (administrative regulation) section 17 to 23)
- Deed or another legal document in original showing the owner’s title to the aircraft. The document must contain all the necessary information. The Norwegian Civil Aviation Authority has prepared a deed that can be used. The seller’s signature on the deed must be confirmed. When the seller is a Norwegian private person or company, two people over the age of 18 who reside in Norway can confirm the correct signature. If the owner is already registered as the owner of the aircraft, and the aircraft is to be transferred from a foreign to a Norwegian register, a certificate from the aircraft register of the country in question, confirming that the aircraft has been deleted or has not been entered, must be attached.
- Documentation for Norwegian Identification Number (11 digits) when the buyer or seller is a private individual residing in Norway. Copy of passport, driver’s license or bank card is valid documentation. When there are several sellers or buyers, everyone must document their Norwegian Identification Number. If the buyer or seller is a club that is not registered in the Brønnøysund Register Centre, a copy of club laws and protocols from the last ordinary general meeting must be submitted. If the club is the seller of the aircraft, a copy of the minutes from the previous general meetings must also be submitted, because this is necessary to assess who has the signature for the club. If the owner is an EEA company, enterprise or association, a self-declaration must be submitted confirming this; see form.1 The declaration must be confirmed by a Notary Public. Outside the Nordic countries, the notary’s signature must be confirmed by an apostille or legalization.
- If the aircraft is to be registered for the first time and is an amateur-built aircraft, the builder must apply for registration of an amateur-built aircraft instead of a deed. Original receipts for the purchase of drawings and / or building kits must be attached to the application. These will be sent back after registration.
4. What fees are payable to register an aircraft in Norway?
In the Civil Aviation Act section 3-1 it is stated that a fee for registration must be paid. Furthermore, rules are given in the Fee to Civil Aviation Authority (administrative regulation).
For registration of aircraft, registration of change of ownership, registration of lease agreement and other liabilities, and registration of endorsement on all of the aforementioned documents, the following shall be paid (fee schedule per 2021):
- NOK 3,610 for gliders, motor gliders and balloons.
- NOK 4,780 for motor-powered aircraft up to and including 2,000 kg.
- NOK 7,160 for motor-powered aircraft from 2,001 to 5,700 kg.
- NOK 12,000 for motor-powered aircraft from 5,701 to 10,000 kg.
- NOK 16,030 for motor-powered aircraft from 10,001 kg
5. Are there any weight and/or maximum age restrictions to register an aircraft in Norway?
There are no specific weight or maximum age restriction to register an aircraft in Norway.
6. Does registration of an aircraft in the national registry constitute proof of ownership under the laws of Norway?
Registration proves who is the legal owner, and thus who has the right to administer the aircraft.
By registering the ownership and other rights, a legal protection (in Norwegian: “rettsvern”) is established for what is registered. The licensee can thus be assured that the aircraft will not be handled in violation of his/her interests.
7. How is an aircraft title transfer effected in Norway? What are the formalities required to register such title transfer in the national registry of Norway (e.g., notarization, legalization etc.)? Please summarize the related costs and procedures.
As a general rule, ownership rights of an aircraft can be transferred in accordance with contractual rules under Norwegian law.
As for the Norwegian Civil Aircraft Register, the Civil Aviation Act section 3-6 imposes that any change in the information in the register, including changes in ownership, shall be reported.
Stipulated by section 3-6 of the Aviation Act, changes in the “property conditions of the aircraft or of the nationality of the owner” shall be reported “without delay”. The message shall contain “necessary information and evidence”. If the aircraft is sold, the message should generally be given by the buyer, but if the sale entails that the aircraft is no longer regarded as Norwegian, the notification shall be given by the seller.
As the registration of the right owner of an aircraft has major implications, strict requirements are placed on the documentation. In the event of insufficient documentation, documents may be returned without registration.
When the seller and buyer are Norwegian:
- The deed must be complete and correctly filled in.
- If the seller is a company or other type of organization, the signature of the person concerned must match what is registered in Brønnøysundregistret.
- Documentation of the Norwegian Identification Number (11 digits) is required if the buyer or seller are private residents of Norway. A copy of a passport, driver’s license, or bank card is valid documentation. If there are several sellers or buyers, all of these must document their social security number.
- If an encumbrance has been registered on the aircraft, consent must be submitted from the licensee. The encumbrance should normally be deleted before the change of ownership is registered.
When the seller/ buyer is not Norwegian:
- If the buyer or seller is a company foreign state, identity and signature must be confirmed by the Notarius Publicus. Notarius Publicus must also confirm that the person who signs has the necessary authority to do so.
- If the buyer or seller aren’t from any of the Nordic countries, the signature of the Notarius must be verified with apostille or legalization.
- For private persons not from any of the Nordic countries, the Notarius Publicus must confirm the identity of the person concerned.
- If the buyer or seller are not Nordic, the signature of the Notarius must be verified with apostille or legalization.
If the buyer is from an EEA (European Economic Area) country, the same procedure applies to foreign ones (see above), but in addition, the following requirements are made:
Documentation must be provided on affiliation with an EEA-country (Declaration regarding ownership of the company). The signature on the documentation must be confirmed by the Notarius Publicus.
If the buyer is not from an EEA country, the same procedure applies as to foreign ones (see above), but in addition, the following requirements are made:
The Norwegian Aircraft Register must have granted an exemption from the nationality requirement in section 3-2 of the Civil Aviation Act. Such an exemption is granted under the condition of a rental agreement for the benefit of a Norwegian operator, where this is approval by the Civil Aviation Authority.
Fee, stipulated by the administrative regulation regarding Fee to Civil Aviation Authority, is paid at the general rates for registration, cf. question 4 above.
8. What information and details are reflected in the certificate of registration of an aircraft?
The information and details reflected in the Certificate of Registration of an aircraft, is, in accordance with the Registration of Aviation (administrative regulation) section 9, the following:
- The nationality and registration mark of the aircraft
- Manufacturer, type and serial number
- Owner’s name and address
- Date for registration in Norway’s aircraft register
- Date of issue and signature from the registration authority
9. Are the entries in the aircraft registry of Norway made available to the public upon submission of a specific application to the competent authority? Are there any fees payable for this?
There is a general overview of registered aircraft on the website of the Civil Aviation Authority: https://luftfartstilsynet.no/aktorer/norges-luftfartoyregister/registrerte-luftfartoy/
The registry is available free of charge, but only provides information regarding the ownership of the aircraft.
Every six months – 1 January and 1 July – the overview of all registered aircraft and their owners are published. A report is also published showing monthly changes.
However, the register also contains other information, cf. section 3-17 of the Aviation Act: A “journal shall be kept for documents that are required to be registered, and aircraft register with a separate document for each aircraft”. The registration takes place by ensuring that an “excerpt of the document is entered into the journal and the aircraft register, and that the document is applied to a Certificate of Registration”. The register is open to the public in the “way that the Ministry decides”.
Anyone can “by agreement review” the register in the civil aviation authority’s opening hours. Refer to the Registration of Aviation (administrative regulation) section 5.
Anyone can “obtain a print or copy of the journal, aircraft register (notarized registry printing) and archived duplicates”, see section 3-20 of the Civil Aviation Act.
For notarized register printing, a fee shall be paid in accordance with Fee to Civil Aviation Authority (administrative regulation) section 2, cf. Registration of Aviation (administrative regulation) section 34. The same applies to notarized copy of registered document, duplicate and auxiliary document.
10. What kind of aircraft operations can be conducted with aircraft registered in Norway (i.e., private use, commercial air transport or both)?
The aircraft may be used both for private and commercial purposes. The register applies to all aircraft, regardless of their use. See the above definition of aviation and aircraft in the Norwegian legislation.
11. Does the civil aviation authority in Norway authorise the operation of foreign registered aircraft? If so, with which countries has Norway entered into bilateral agreements on the basis of article 83-bis of the ICAO Chicago Convention for the delegation of regulatory oversight?
You can, upon application to the Civil Aviation Authority, operate foreign-registered aircraft for six months with the possibility of extension for up to six months. Norway is party to the ICAO Chicago Convention and has entered into bilateral and multilateral treaties with most member states.
12. Is there a separate register of aircraft mortgages and/or leases and/or security interests in Norway?
No. Section 3-22 of the Civil Aviation Act lays down rules for the registration of encumbrances in aircraft registered in the Norwegian Aircraft Register.
13. What are the formalities required to register a mortgage / lease / security interest in the national registry of Norway (e.g., notarization, legalization etc.)? Please summarize the related costs and procedures.
- The encumbrance document must be signed by the person or persons who have the right to sign on behalf of the owner (legal holder).
- The signature must be documented. If the owner is a private individual resident in Norway, a copy of approved identification must be attached, such as a passport, driver’s license or bank card. Companies or aviation clubs that are registered in the Brønnøysund Register Centre do not need to provide any documentation. If the owner is a foreign company, enterprise or association, the owner’s identity and signature must be confirmed by a Notary Public. The Notary Public must also confirm that the person signing on behalf of the owner has the necessary authority to do so. Outside the Nordic countries, the notary’s signature must be confirmed with an apostille or legalization.
- The encumbrance document and any copy of identification must be sent to the Norwegian Aircraft Register. Only original liability documents can be registered.
- Invoice for fee sent after registration is completed.
The same fee schedule applies for registration of encumbrances as for registration of aircraft. See question 4 above.
14. Is a mortgage priority notice an available security instrument for aircraft financiers in Norway?
Yes. The registration in the aviation register makes it possible for external actors to take mortgage on aircraft. This makes it easier in terms of external financing. The priority of the claim depends on when the encumbrance was established. Under Norwegian law, a principle applies: “first in time, greater in right” (Latin: “prior tempore, potior jure”). See the Civil Aviation Act section 3-26.
15. Does an aircraft mortgage duly registered in the national registry of Norway extend to engines and other parts of such aircraft (either installed or not on the airframe)?
Section 3-23 of the Civil Aviation Act states that the person with right of ownership to the aircraft is also entitled to “engines, propellers, equipment, instruments and other things that belong to the aircraft when the register does not appoint another person as entitled to these.” Furthermore, when a “right includes an aircraft with engines and other things mentioned in the second paragraph, the right to these things does not fall away if things are temporarily separated from the aircraft.”
In the preparatory works (NOU 1991:18), it is assumed that this section rests on the principle that the aircraft and the other parts belonging to the aircraft constitute a “technical and economically operational entity” which one should initially be able to assume as one.
Example: If the mortgage applies to the aircraft in its entirety, and there are no other registered owners of the engine, the mortgage will apply to the aircraft and the engine.
16. What statutory liens (if any) would rank prior to an aircraft mortgage duly registered in the national registry of Norway?
In the event of a claim for salvage money or compensation for extraordinary expenses that were necessary in order to rescue or preserve an aircraft that has crashed or is in peril giving rise to a security interest in the aircraft in accordance with the law of the contracting state where the salvage or preservation work was terminated, this right shall be recognised in and shall take precedence over all other rights in the aircraft.
In case of bankruptcy, the bankruptcy estate may enforce a 5% lien which ranks superior to registered mortgages.
17. Do the laws of Norway provide for possessory rights and/or rights of detention over aircraft in favor of third parties (such as airport taxes, customs duties, air navigation charges, crew’s wages, MRO’s receivables)?
Yes, Norwegian law provides for detention rights for e.g., charges in connection with use of airports (seethe Aviation Act section 13-2, and salvage claims, cf. section 12-5). Subject to legal proceedings and certain legal requirements, any creditor including the above–mentioned may additionally request a court order for seizure/arrest of the aircraft as security for a claim against the owner of the aircraft.
18. Are foreign law-governed security agreements (e.g., mortgages) recognized in Norway in order to validly create a security interest over an aircraft registered in the national registry of Norway? If so, are there any formalities/requirements to bear in mind?
As a general note, foreign law-governed security agreements are recognized and would be registered in the Norwegian Civil Aviation Registry as long as the mortgage fulfils the formality requirements more particularly described under question 13.
In accordance with section 3-43 of the Civil Aviation Act, such rights are recognised in Norway, if they are validly established in accordance with the law of a convention state where the aircraft was registered at the time the security agreement was agreed, and moreover, was published in a public register.
If the mortgage rights are established under foreign law and the aircraft was abroad, the rules apply to the country the aircraft was registered in at that time. If the mortgage rights are established under foreign law, while the aircraft was registered in Norway, Norwegian law applies. If so, the foreign agreement must meet the requirements set out in Norwegian law.
In regards to international security rights, Norway is at part of the Cape Town Convention (2001), see section 3-53 of the Civil Aviation Act.
19. Are foreign law-governed leases recognized in Norway in order to validly lease an aircraft registered in the national registry of Norway to a lessee incorporated in Norway? If so, are there any formalities/requirements to bear in mind?
In accordance with the above, rights to the possession of aircraft under leases of six months or more are recognised (refer to Civil Aviation Act section 3-43 no. 3).
20. Has Norway ratified the Cape Town Convention on International Interests in Mobile Equipment and the related Aircraft Protocol? Has Norway made any declarations to better determine the scope of application of the Convention / Protocol in Norway? If so, what is the impact of such declarations on aircraft registration issues? Are there any specific aspects relating to the enforcement of IDERA’s to be considered?
Norway is a party to the Convention on International Security Rights in Mobile Property and the Protocol to the Convention on Special Conditions for Aircraft.
Norwegian ratification of the Cape Town Convention will not have any consequences for the Norwegian Aircraft Register. It will still be possible to register encumbrances in the Norwegian Aircraft Register. The ratification of the Cape Town Convention means that an option for the registration of security rights, including liens, has been established in the International Registry of Mobile Assets. It is up to the individual licensee to assess whether this should be done, instead of, or in addition to, registration in the Norwegian Aircraft Register, if the conditions for this are met.
Norway’s aircraft register is an owner register. The regulations for registration are given in the Civil Aviation Act, Chapter 3, and Regulations of 5 February 2004 no. 393 on the registration of aircraft, etc. Aircraft must still be registered in the Norwegian Aircraft Register and thus must obtain a Norwegian registration mark, even if it is not relevant to register encumbrances in the aircraft.
Norway has not declared that Article 60 of the Convention will apply. This means that Norwegian ratification of the Cape Town Convention has no significance for existing liens and other liabilities registered in the Norwegian Aircraft Register.
The Cape Town Convention allows for the appointment of national contact agency (Entry Points). No such agency has been appointed for Norway. This means that the individual licensee, bank, lawyer or similar agency must register as a direct user in the international register. The Norwegian Aircraft Register will not provide guidance on the procedure for registration etc. in the international register.
Norway has declared that Article XIII of the Protocol shall apply. This means that it is possible for the debtor to issue an irrevocable power of attorney to request deregistration and export permission, cf. Article XIII no. 2. Since the Norwegian Aircraft Register is an owner register, such a declaration must be given by the owner.
Such irrevocable Power of Attorney (IDERA – Irrevocable Deregistration and Export Request Authorization) must essentially be in a form that follows the Annex to the Protocol. Original IDERA, signed by the owner with a pen, must be sent to Norway’s aircraft register in duplicate. The registered IDERA will be returned to the person who has received the authorization.
When an IDERA is received by the Norwegian Aircraft Register, this will be registered in the Aircraft Register in connection with the aircraft in question. There is a fee for the registration of IDERA (see the fee regulations § 12).
When IDERA has been issued, this means that only the authorized person can apply for an export permit and request that the aircraft be deleted from the Norwegian Aircraft Register. The requirements of the Civil Aviation Act and the Registration Regulations for the design of such a request for cancellation will apply as normal.
Revocation of registered IDERA can only take place on the basis of written consent from the authorized party, preferably on the authorized person’s copy of the registered IDERA.
21. What are the requirements and documentation to deregister an aircraft from Norway? How does the aircraft deregistration process work?
The Civil Aviation Act § 3-7 and the Registration Regulations §§ 28 and 29 stipulates rules for when an aircraft is to be deleted from the register. An aircraft is deleted from the register on the basis of five different circumstances:
- Deletion of aircraft at the request of the owner
Anyone who is registered as the owner / legal holder in the Norwegian Aircraft Register can request that the aircraft be deleted because the aircraft is to be transferred to another country’s register. The application must be in writing and the owner’s signature confirmed in accordance with the rules in the Registration Regulations § 20. If the owner is a Norwegian private person or company, two persons over 18 years of age residing in Norway can confirm the correct signature. If the owner is not a Norwegian private person or company, the owner’s identity and signature must be confirmed by a Notary Public. The Notary Public must also confirm that the person signing has the necessary power of attorney for this. Outside the Nordic countries, the signature of the Notary must be confirmed by an apostille or legalization.
- Deletion of aircraft that lack an air- and/or environmental certificate of competency
If an aircraft has been without an air- or environmental proficiency certificate for three years, the aircraft will be deleted from the Norwegian Aircraft Register. Norway’s aircraft register will nevertheless normally send a notification to the registered owner three months before the deletion is planned to be completed, so the owner can obtain a new certificate of air- or environmental competence.
- Deletion of aircraft due to owner’s nationality
Exemption from the nationality requirement in the Civil Aviation Act § 3-2 is granted on the condition that there is a lease agreement in favor of a Norwegian operator. If this lease agreement expires or terminates, the condition for dispensation will no longer be present, and the aircraft will be deleted from the Norwegian Aircraft Register.
When a foreign enterprise that is a registered holder of an aircraft is no longer effectively controlled by EEA citizens, the nationality requirement in the Civil Aviation Act § 3-2 is no longer met. The aircraft will then be deleted from the Norwegian Aircraft Register, unless the owner applies for and receives a dispensation from the nationality requirement. Exemption from the nationality requirement in the Civil Aviation Act § 3-2 is granted on the condition that there is a lease agreement in favour of the Norwegian operator.
- Deletion of condemned or wrecked aircraft
Aircraft that have been dismantled or completely wrecked must be deleted from the Norwegian Aircraft Register.
- Deletion of missing aircraft
Aircraft that have disappeared shall be deleted from the Norwegian Aircraft Register. An aircraft will be regarded as having disappeared if three months have passed since it started its last flight, unless there is information that it is still intact.
22. What fees are payable to deregister an aircraft from Norway?
There are no fees for deregistration of an aircraft. Please note however, that there will be a fee charged for registering the IDERA.
23. Is the consent of the mortgagee / lessor (as the case may be) required in order to deregister an aircraft from Norway?
Yes, section 3-8 of the Civil Aviation Act prescribes the following: If an encumbrance is registered on the aircraft, it shall not be deleted in the register, without the consent of the right holder. Instead, annotation is made about the circumstances that should have resulted in the deregistration. Such annotation does not affect the encumbrance, but otherwise has the same effect as a deregistration.
24. What are the usual practical difficulties (if any) involved in deregistering aircraft from Norway?
None in particular.
25. How long does deregistration take, both where there is co-operation from the defaulted party (mortgagor / lessee / Operator) and where there is no such co-operation from it?
There is no information about the specific time for deregistration. The same principles as stated above, regarding how long registration take (bullet point 4a), applies correspondingly here.
26. Please outline the applicable repossession rules under the national laws of Norway (and the Cape Town Convention, if applicable) following an event of default under a mortgage or a lease, including registration issues with the national registry in Norway.
According to the Enforcement Act § 11-1 (1) a creditor with a mortgage duly registered over an aircraft, has, in the event of default, the right to demand compulsory sale or compulsory use of the aircraft if certain legal conditions are met. In essence: The creditor must have a valid mortgage and can only demand enforcement when he has a legal basis for enforcement, i.e., that the claim is due for payment and in default. Regarding repossession under a lease, the Norwegian Enforcement Act § 13-2 stipulates that if a valid written agreement on lease (of movable property such as an aircraft) contains a clause that gives the creditor the right to demand repossession if the rent is not paid, this constitutes legal basis for enforcement. In the case of default, the lessor will therefore have the right to demand repossession of the aircraft. However, the debtor has a right to be notified (see paragraph directly below) that repossession can be avoided if the rent, cost of recovery, legal expenses and rent due at the time of payment, with interest, is paid in full before the repossession is completed.
In addition to having a legal basis for enforcement, the creditor needs to send a written notice to the debtor at least 14 days before enforcement, cf. the Norwegian Enforcement Act § 4-18. Creditor must submit his claim to the relevant district court, cf. § 11-3.
However, according to the Enforcement Act § 11-1 (3) a creditor who has a registered security in accordance with the Cape Town Convention, can demand enforcement in accordance with the rules and regulations stipulated in the convention.
The Cape Town Convention contains enforcement provisions which deviates substantially from the procedures laid down in the Enforcement Act. The enforcement of international interests being security is facilitated, and the repossession of an aircraft is made considerably simpler for a financier or lessor.
- Norwegian regulation of aviation:
- “Civil Aviation Act”: Lov om luftfart (luftfartsloven) (LOV-1993-06-11-101)
- “Regulations on Registration of Aircraft” (administrative regulation): Forskrift om registrering av luftfartøy m.m. (FOR-2004-02-05-393).
- “Regulations on Fees to the Civil Aviation Authority” (administrative regulation): Forskrift om gebyr til Luftfartstilsynet mv. (FOR-2020-12-21-3089).
- Other legislation of significance:
- “Public Administration Act”: Lov om behandlingsmåten i forvaltningssaker (forvaltningsloven) (LOV-1967-02-10)
- “Mortgages and Pledges Act”: Lov om pant (panteloven) (LOV-1980-02-08-2).
- “Enforcement Act”: Lov om tvangsfullbyrdelse (tvangsfullbyrdelsesloven (LOV-1992-06-26-86).