REALWorld Law

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

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:

• The use of the area
• Measurements and boundaries of the property
• The location, use, measurements and design of buildings and land

Last modified 13 Mar 2025

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

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.

Last modified 13 Mar 2025

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

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

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

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.

Last modified 13 Mar 2025

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

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.

Last modified 13 Mar 2025

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

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.

Last modified 13 Mar 2025