Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?
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.