The consolidated Danish Planning Act, dated 29 May 2024, with later amendments, regulates planning at different levels throughout Denmark. According to the Planning Act, plans are implemented at three levels: national, municipal and local plans. The Planning Act deals with the hierarchy of the planning system, under which local authorities address regional and municipal issues, and prepare municipal plans and more specific local plans for each area. Local plans must comply with municipal plans, municipal plans must comply with regional and state planning. All plans must ultimately comply with the Planning Act. Regional regulation is now being addressed under state plans, and older regional plans have been upgraded to state plans.
As a general rule, a local plan will cover a smaller area of a municipality. Among other things, the local plan will include:
Last modified 13 Mar 2025
Denmark is divided into zones: urban zones, holiday home zones and rural zones. Properties throughout Denmark are primarily reserved for use according to the zone they are situated in.
In urban zones, local plans typically lay down various restrictions regarding the types of business that are allowed in an area, the size of the buildings / plot ratio etc.
In rural zones, (a rural area which is not classified as an urban zone or a zone where most of the houses are holiday homes) the commercial use of a property which is typically allowed is that which relates to fishery, forestry or farming. As a principal rule, the construction of new buildings or a change in the use of buildings and land is prohibited if the buildings or the changed use are not deemed necessary for the commercial use of the property concerned. If the buildings are necessary for commercial use, the situation and details of the construction of the buildings may need the permission of the council of the local municipality. In addition to the building permit a special ‘rural area planning permission’ (planning permission) is required for a building project or a project on changed use of land in a rural area.
If a residential building not exceeding 500 square metres situated in a rural area is to be refurbished it is not necessary for the property owner to obtain a permission from the municipal authority.
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As a general rule, the construction of new buildings or a refurbishment presupposes that permission has been obtained from the municipal authorities.
Local plans can control the detailed design, appearance and method of construction of new buildings. If there is no local plan these conditions can also be defined in the planning permission that the landowner in a rural area must obtain from the municipal authority prior to the construction of new buildings.
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Local plans can include regulation regarding the specific use of the land or specify that certain uses of the land require permission. Local plans can include restrictions for a change in the designated use of an existing building.
In a rural area (an area which is not classified as an urban zone or a zone where most of the houses are holiday homes) it is a general rule that any new construction or change in the designated use of an existing building or construction requires a planning permission. There are some exemptions from this general rule regarding agricultural estates, forest properties and fishery and residential buildings not exceeding 500 square metres.
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The responsibility for regulating the development and use of individual parcels lies with the local planning authorities in the municipality. However, the local plan must comply with the municipal plans, and municipal plans must comply with the state plans.
In the municipal plans and the state plans the regulation is general, whereas the specified use of a certain plot of land is regulated in the local plans and under the Planning Act.
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It depends on the application of the land and must be determined on case-by-case basis.
For bigger projects an environmental assessment can be required.
The consolidated Nature Protection Act, dated 28 June 2024 with later amendments, plays a central role and the consolidated Forest Protection Act, dated 26 May 2023, is often considered. For industrial use, environmental licences and permits are required.
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Generally, the process for obtaining permission for a designated use of a new construction begins with an application to the municipality for a building permit and, in a rural zone area (a rural area which is not classified as an urban zone or a zone where most of the houses are holiday homes), a planning permission.
In an area with a local plan a dispensation from the local plan can be required if i.e. the dimension or location conflicts with the provisions of the local plan. The dispensation is granted by the municipality.
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A very wide range of neighbours and organizations have the right to appeal planning decisions to the Danish Town and Country Planning Board of Appeal , a state administrative board.
Building permits can be appealed by parties concerned (ie neighbours) to The Building Complaints Unit, a state administrative board.
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Objections to a building permit issued under the consolidated Building Act of 23 September 2016 with later amendments can be reviewed by the Building Complaints Unit.
The most common review is carried out by the state authority, the Danish Town and Country Planning Board of Appeal, which requires a complaint to be lodged by either the applicants or by a person/company who has the right to appeal (for example, the neighbours).
Objections concerning decisions of the municipality and the Danish Town and Country Planning Board of Appeal can also be sent to the institution known as Ombudsmanden (the Danish Parliamentary Ombudsman). Ombudsmanden can raise criticism or make recommendations, which are normally followed by the authorities.
A review by the court requires a lawsuit.
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This question is difficult to answer in general, and it varies a lot. Applications for building permits which comply with the local plan and other regulations are normally the quickest way to get through the system and it usually takes about three months.
If a planning permission (and other permissions) or a new local plan is necessary, and in case of appeals to the reviewing authorities, it takes much longer. Sometimes it can be a year or more.
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An objection to a building permit issued under the Building Act can be brought to the state authorities (The Building Complaints Unit) which can only review the permission regarding legal matters, such as compliance with the provisions in the Building Act or compliance with administrative law.
An objection to a building permit issued under the Building Act or a planning permission can be brought to the Danish Town and Country Planning Board of Appeal if it concerns matters in a local plan or a dispensation from a local plan. Such objections are also restricted to legal matters, including compliance with the local plan.
Objections to planning permissions in rural zone areas (rural areas which are not classified as city zones or zones where most of the houses are holiday homes) where there is no local plan can be brought to Danish Town and Country Planning Board of Appeal without being restricted to legal matters.
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As an applicant, you can be asked to provide information and material necessary for the relevant applications, for example, declarations from a surveyor, biologist or civil engineer.
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Under the Planning Act a permission or a dispensation is valid for three years. The designated use must be commenced within three years from the granting of the permission.
A building permit is valid for 1 year.
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During the last decade, more and more focus has been put on enforcement. Enforcement works quite efficiently in general, but the method of enforcement varies between municipalities and includes fines and physical intervention such as demolition of illegal buildings.
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Does public law control the detailed design, appearance and method of construction of any new building?
As a general rule, the construction of new buildings or a refurbishment presupposes that permission has been obtained from the municipal authorities.
Local plans can control the detailed design, appearance and method of construction of new buildings. If there is no local plan these conditions can also be defined in the planning permission that the landowner in a rural area must obtain from the municipal authority prior to the construction of new buildings.
Last modified 13 Mar 2025