Danish Planning Act 2007

The Planning Act in Denmark

Consolidated Act No. 813 of 21 June 2007

1 Planning Act oktober 24, 2007

The Planning Act in Denmark
Consolidated Act No. 813
of 21 June 2007
Translation
David Breuer
For further information, contact

Ministry of the Environment
Agency for Spatial and Environmental Planning
Haraldsgade 53
DK-2100 Copenhagen K
Denmark
Telephone +45 72542000
E-mail [email protected]
Web www.mim.dk
Quotations may be made from this publication with appropriate attribution.
ISBN
Printed version: ISBN no. 978-87-7279-795-3
WEB version: ISBN no. 978-87-7279-796-0
©2007 by the Ministry of the Environment, Denmark. All rights reserved. Published October 2007
Printed in Denmark

Revised Planning Act in Denmark, 2007
People use planning to form the surroundings of daily life.

Planning should be based on visions of how we want to live now and in the future and
what we need to preserve from the past.
Planning is both the basis for and the concrete result of policy-making.
Planning requires a legal basis.
The Minister for the Environment has revised and updated the Planning Act as a
consequence of the reform of local government structure in Denmark, which was fully
implemented by 1 January 2007.
The new Planning Act transfers most of the planning responsibility to the new
municipalities, giving them almost full planning control of both urban areas and the
open countryside.
One main task of the five new administrative regions is preparing a regional perspective
for future spatial development in cooperation with the new municipalities.
This publication contains a translation into English of this latest version of the Planning
Act.
It consists of 70 sections and regulates the national, regional and local levels.

The Planning Act: Consolidated Act No. 813 of 21 June 2007 1
Part 1
Purpose
§1. This Act shall ensure that the overall planning synthesizes the interests
of society with respect to land use and contributes to protecting the
country’s nature and environment, so that sustainable development of
society with respect for people’s living conditions and for the conservation
of wildlife and vegetation is secured.
Subsection 2. This Act especially aims towards:
1) appropriate development in the whole country and in the individual

administrative regions and municipalities, based on overall planning
and economic considerations;
2) creating and conserving valuable buildings, settlements, urban
environments and landscapes;
3) that the open coasts shall continue to comprise an important natural
and landscape resource;
4) preventing pollution of air, water and soil and noise nuisance; and
5) involving the public in the planning process as much as possible.
Part 2
National planning
§2. The Minister for the Environment is responsible for the overall national
spatial planning and for producing the investigations necessary for this.
1 This Act contains provisions that implement parts of European

Council Directive 85/337/EEC of 27 June 1985 on the assessment of the
effects of certain public and private projects on the environment (Official
Journal of the European Communities, 1985: L 175 (5 July): 40–48), as
latest amended by Directive of the European Parliament and of the Council
2003/35/EC on providing for public participation in respect of the drawing
up of certain plans and programmes relating to the environment and
amending with regard to public participation and access to justice Council
Directives 85/337/EEC and 96/61/EC.
Subsection 2. After each new election to the Folketing (parliament), the
Minister for the Environment shall submit a report on national planning to
be used in the regional spatial development planning and municipal
planning. The Minister may otherwise, to the extent necessary, submit a
report on the national planning interests related to special topics to be used
in the regional spatial development planning and municipal planning.
Subsection 3. The national planning report, cf. subsection 2, shall

encompass the special conditions significant for spatial planning in Greater
Copenhagen.
Subsection 4. The Minister for the Environment shall publish, at least every
four years, one or more reports describing the state of the environment in
Denmark and Denmark’s policy on nature and the environment, with the
involvement of affected nationwide nongovernmental organizations related
to the environment, business, the labour market and consumer affairs.
§2a. The Minister for the Environment shall publish every four years an
overview of the state interests in municipal planning, including the
interests that are established pursuant to this Act and other legislation.
§3. To ensure the protection of national planning interests, including

ensuring the quality of planning, the Minister for the Environment may
establish rules governing the use of authority granted by this Act and the
content of planning in accordance with this Act.
Subsection 2. The Minister for the Environment may confer the legal status
of a municipal plan on rules established in accordance with subsection 1. In
special cases, the Minister may also determine that development projects
envisaged in a rule established in accordance with subsection 1 may be
initiated without a municipal or local plan and without a permit in
accordance with §35, subsection 1.
Subsection 3. In special circumstances, the Minister for the Environment

may require regional councils and municipal councils to make use of the
provisions of this Act, including producing a plan with a specified content.
Subsection 4. In special circumstances, the Minister for the Environment

may decide to assume the authority granted to regional councils and to
municipal councils in accordance with this Act in cases that affect the
legally mandated tasks of other authorities or are of major importance.
§3a. [Repealed]
§4. In connection with pilot projects that aim at promoting the purpose of
this Act, the Minister for the Environment may provide financial support
and exempt the regional and municipal councils from complying with the
provisions of this Act.
Subsection 2. When a pilot project that includes an exemption from the

provisions of this Act has been approved, notice thereof shall be published
in Lovtidende (Law Gazette). The notice shall state where citizens may
obtain more information about the project permit.
§5. [Repealed]
Part 2a
Planning in coastal areas
§5a. The country’s coastal areas shall be kept as free as possible of

development and installations that do not need to be located near the coast.
Subsection 2. The Minister for the Environment shall monitor trends and
make use of the powers granted in accordance with §3, §29 and §59 to
ensure that the national planning interests in the coastal areas are
furthered pursuant to this Act.
Subsection 3. The coastal zone, which comprises the rural zones and
summer cottage areas located in the coastal areas, is shown in a map
appended to this Act. The provisions of §5b, §11a, no. 18, §11e, subsection 1,
no. 7 and subsection 2, §11f, §16, subsections 3 and 5, §29 and §35,
subsection 3 shall apply to the coastal zone.
Subsection 4. The provisions of §11f, subsections 1, 2 and 4 and §16,

subsections 4 and 5 shall apply to the coastal parts of urban zones that are
located directly adjacent to the coast or that interact with the coastal
landscape.

§5b. The following shall apply to planning in the coastal zone.
1) It is prohibited to transfer land to an urban zone or to conduct planning

for development in a rural zone unless there is a specific planning-
related or functional justification for location near the coast.
2) Except for harbour facilities used for transport and other very important
infrastructural installations, development projects on land that require
the reclamation of areas in the territorial waters or special coastal
protection may only be planned in very special circumstances.
3) It is prohibited to designate new summer cottage areas, and existing
summer cottage areas shall be maintained for holiday and leisure
purposes, cf., however, subsection 2.
4) Holiday and leisure facilities shall be located in accordance with
coherent considerations arising from tourism policy and only in
connection with existing urban communities or large holiday and
leisure facilities.
5) The access of the public to the coast shall be safeguarded and expanded.
Subsection 2. The Minister for the Environment may establish rules in

accordance with §3, subsection 1, and subsection 2, point 1 that dispense
from the provisions of subsection 1, no. 3, such that existing summer
cottage areas within the coastal zone, and mainly in Denmark’s small-town
(peripheral) regions, may be expanded through the provisions of a local
plan, when the expansion occurs behind a summer cottage area and in the
direction away from the coast. Existing summer cottage areas may only be
expanded outside areas governed by §8 and §15 of the Protection of Nature
Act on dune conservation and beach protection and within a total of
maximum 8,000 new summer cottage lots in Denmark as a whole. In
determining which summer cottage areas may be expanded, the Minister
shall ensure that the expansion will not set aside important nature
protection and landscape interests and that the expansion may be expected
to affect the local economy.
Subsection 3. The requirements of subsection 2 on the location of new

summer cottage areas may be dispensed with on Denmark’s small islands if
this is found to be justified based on an overall balancing of nature
protection interests, landscape interests and the expected effects on the
local economy.
Part 2b
[Repealed]
Part 2c
Planning in Greater Copenhagen
§5h. Pursuant to this Act, Greater Copenhagen shall include the

municipalities in the Capital Region (except for the Regional Municipality
of Bornholm) and the Municipalities of Bramsnæs, Greve, Gundsø, Hvalsø,
Køge, Lejre, Ramsø, Roskilde, Skovbo, Solrød, Stevns and Vallø.
§5i. Municipal planning in Greater Copenhagen shall be carried out based

on an assessment of spatial development in Greater Copenhagen as a whole
and shall ensure that the main principles of the overall finger city structure
are continued. Urban development of regional significance shall be
coordinated with the expansion of the overall infrastructure of Greater
Copenhagen, with special consideration for public transport services.
Subsection 2. The Minister for the Environment shall make available

information on spatial development in Greater Copenhagen for the
purposes of municipal planning in Greater Copenhagen.
§5j. Municipal planning in Greater Copenhagen shall ensure that:
1) urban development and urban regeneration in the core urban region

take place within existing urban zones and with consideration for the
opportunities to strengthen public transport services;
2) urban development and new urban functions in the peripheral urban
region (the finger city) be located with consideration for the existing and
decided infrastructure and for the opportunities to strengthen public
transport services;
3) the green wedges are not converted to urban zones or used for urban
recreational facilities; and
4) urban development in the rest of greater Copenhagen is local in nature
and takes place in connection with municipal centres or as the
completion of other urban communities.
Subsection 2. The Minister for the Environment shall establish rules

pursuant to §3, subsection 1 that divide Greater Copenhagen into:

1) the core urban region;
2) the peripheral urban region (the finger city);
3) the green wedges; and
4) the rest of Greater Copenhagen.
Subsection 3. Municipal planning in Greater Copenhagen shall ensure

overall reservation of land for future transport infrastructure, technical
installations, noise impact areas and the like that are significant for the
development of Greater Copenhagen as a whole.

pursuant to §3, subsection 1 that concretize the overall principles for
planning in Greater Copenhagen specified in §5i and in subsections 1 and 3.
The Minister for the Environment may, as part of this, make minor
dispensations from subsection 1.
§5k. The regional spatial development plans that cover Greater

Copenhagen shall respect the rules established for municipal planning, cf.
§5j.
Part 2d
Planning of retail trade
§5l. Planning shall:
1) promote a diverse supply of retail shops in small and medium-sized

towns and in individual districts of large cities;
2) ensure that areas are designated for retail trade purposes in locations to
which people have good access via all forms of transport, including
especially walking, bicycling and public transport; and
3) promote a societally sustainable structure of retail trade that limits the
distance people need to transport themselves in order to shop.
§5m. The areas designated for retail trade purposes shall be located in the
centre of a town or city (town centre). In towns and cities with 20,000 or
more inhabitants, areas for retail trade purposes may further be designated
in the centre of a district in a town or city (district centre). New secondary
centres may only be established in Greater Copenhagen and in Aarhus.

Subsection 2. Town centres and district centres shall be delimited using a
statistical method that is based on the presence and concentration of
several functions, including retail trade, cultural services and events and
public services. The Minister for the Environment shall establish rules
governing the statistical method to be used, including ones governing the
ability to dispense from the method based on a documented need for
additional land to be used for retail trade purposes.
Subsection 3. The existing delimitation of town centres and district centres

in municipal plans may be maintained regardless of the stipulations in
subsection 2. If the delimitation is changed, this shall take place in
accordance with the rules issued pursuant to subsection 2.
Subsection 4. For Greater Copenhagen, the Minister for the Environment

shall establish, pursuant to §3, subsection 1, the location of town centres,
district centres and secondary centres, including town centres and
secondary centres in which large shops may be constructed, cf. §5q,
subsection 2. In the core urban region of Greater Copenhagen, cf. §5j,
subsection 2, more than one town centre may be designated.
Subsection 5. For Aarhus, the Minister for the Environment shall establish,
pursuant to §3, subsection 1, the location of secondary centres in which
large shops may be constructed, cf. §5q, subsection 2.
§5n. Outside town centres and district centres, it shall be permitted:

1) to designate land areas for retail trade purposes in a local centre that
solely serves a limited part of a town or town district, a village, a
summer cottage area or the like;
2) to locate detached shops that solely supply general goods to a local area;
3) to designate land areas for shops that solely sell motor vehicles,
pleasure boats, campers, plants, gardening supplies, lumber,
construction materials, gravel, stone and concrete products and
furniture (types of goods that require unusually large quantities of floor
space), cf., however, §11e, section 7; and
4) to designate land for small shops, in connection with the production
facilities of a company, that sell the company’s products.
Subsection 2. In shops that sell lumber and construction materials, cf.

subsection 1, no. 3, a special section may be established for goods that do
not require unusually large quantities of floor space but are used in
connection with lumber and construction materials.
§5o. In connection with petrol stations, railroad stations, airports,

stadiums, detached tourist attractions and the like that are located outside
the areas covered by §5m and §5n, land may be designated for shops to
serve the customers who otherwise use the installation because of its
primary function.
§5p. In towns with 20,000 to 40,000 inhabitants, the total gross floor
space for retail trade purposes in a district centre may not exceed 5000 m2.
In towns with more than 40,000 inhabitants, the municipal council shall
establish the maximum total gross floor space permitted for retail trade
purposes for each district centre.
Subsection 2. In a local centre, the maximum total gross floor space

permitted for retail trade purposes may not exceed 3000 m2.
Subsection 3. In a secondary centre, the maximum total gross floor space

permitted for retail trade purposes may not be increased to more than the
amount specified in the regional planning guidelines in force on 1 January
2007, cf., however, subsection 4.
Subsection 4. The maximum total gross floor space permitted for retail
trade purposes in secondary centres governed by §5q, subsection 2 may,
regardless of subsection 3, be increased for specialty shops that have a
gross floor space exceeding 2000 m2 if justification is presented for why the
shop cannot be located in the town centre, cf. §11e, subsection 6.
§5q. In town centres, district centres and secondary centres, it shall be

2
prohibited to establish shop sizes that exceed 3500 m of gross floor space
2
for general shops or 1500 m of gross floor space for specialty shops, cf.,
however, subsection 2.
Subsection 2. In town centres in towns with more than 40,000 inhabitants

and in secondary centres in Greater Copenhagen and Aarhus, cf. §5m,
subsections 4 and 5, and in secondary centres in Odense, Aalborg and
Esbjerg, as they are delimited in the regional planning guidelines in force
on 1 January 2007, the municipal council may, in connection with the
publication of a strategy for municipal planning every four years, cf. §23a,
subsection 1, point 1, decide to revise the municipal plan with the aim of
establishing shop sizes for no more than three new specialty shops
exceeding 2000 m2 of gross floor space each in each town and, in Greater
Copenhagen, each secondary centre.
Subsection 3. The size of shops for each shop in a local centre and for
detached shops that solely serve a local area shall be prohibited from being
established as exceeding 1000 m2 of gross floor space.
Subsection 4. The municipal council shall establish the size of shops that
solely sell types of goods that require unusually large quantities of floor
space, cf. §5n, subsection 1, no. 3.
Subsection 5. The size of shops for the special section with goods that do
not require unusually large quantities of floor space but that are used in
connection with lumber and construction materials shall be prohibited
from being established as exceeding 2000 m2 of gross floor space.
§5r. New shops that are constructed based on local plans published before
1 July 2007 that do not stipulate the maximum size of shops shall be
prohibited from exceeding 3500 m2 of gross floor space for general shops,
2000 m2 of gross floor space for specialty shops and 1000 m2 of gross floor
space for shops that solely serve a local area.
Subsection 2. Existing shops that were established legally may be part of

new planning measures regardless of the provisions of §5m, §5n, §5o, §5p,
§5q and §5r.
§5s. The Minister for the Environment shall submit a report every four
years to a committee established by the Folketing. The report shall describe
and assess trends in the municipal and local planning related to the
structure of retail trade based on the provisions of §1, §5l, §5m, §5n, §5o,
§5p, §5q and §5r.
§5t. The gross floor space for retail trade purposes shall be calculated in
accordance with the provisions of the building regulations governing the
calculation of the floor space of a building, except that the floor space in the
part of the cellar in which the surrounding terrain is less than 1.25 metres
under the height of the ceiling of the cellar shall be included.

Subsection 2. The calculation of the gross floor space may include
deductions for space for the employee canteen, employee toilets, employee
fitness facilities and employee break rooms, with a maximum of 200 m2.
Part 3
Regional spatial development planning
§5g. [Repealed]
§6. [Repealed]
§6a. [Repealed]
§6b. [Repealed]
§6c. [Repealed]
§6d. [Repealed]
§7. [Repealed]
§7a. [Repealed]
§8. [Repealed]
§9. [Repealed]
§10. [Repealed]
§10a. Each administrative region shall have a regional spatial development

plan that is produced by the regional council.
Subsection 2. It is prohibited for the regional spatial development plan to

contradict rules established or decisions made pursuant to §3 or published
proposals for such rules or decisions, cf. §22a, subsection 1.
Subsection 3. Based on comprehensive assessment, the regional spatial

development plan shall describe a desired future spatial development for
the administrative region’s cities and towns, rural districts and small-town
(peripheral) regions and for:
1) nature and the environment, including recreational purposes;
2) business, including tourism;
3) employment;
4) education and training; and
5) culture.
Subsection 4. The regional spatial development plan shall describe:

1) the relationships between future spatial development and the state and
municipal spatial planning for infrastructure;
2) the context for any cooperation between the public authorities in
countries bordering on the administrative region on topics related to
spatial planning and spatial development; and
3) the action that the regional council will take to follow up the regional
spatial development plan.
Subsection 5. The regional spatial development plan shall contain a map

that illustrates the content of the plan specified in subsection 3 with
general, non-precise indications.
Subsection 6. To the extent that this is possible pursuant to other

legislation, the regional councils may promote the implementation of the
regional spatial development plan by providing financial support to
municipalities and nongovernmental entities for specific projects.
Subsection 7. The regional council may make proposals for municipal and
local planning to the municipal councils in the administrative region.
§10b. The Bornholm Municipal Council shall prepare a regional spatial

development plan for Bornholm.
Subsection 2. The Bornholm Municipal Council may, however, no more

than 6 months after the regional and local election period begins, inform
the Capital Regional Council that the Bornholm Municipal Council would
like the Regional Municipality of Bornholm to be included in the regional
spatial development plan for the Capital Region.

Part 4
Municipal planning
§11. Each municipality shall have a municipal plan. The municipal plan
shall cover a period of 12 years.
Subsection 2. Based on an overall assessment of development in the

municipality, the municipal plan shall establish:
1) a general structure that outlines the overall objectives for development

and land use in the municipality;
2) guidelines for land use etc., cf. §11a; and
3) a framework for the content of local plans for the specific parts of the
municipality, cf. §11b.
Subsection 3. The delimited areas that are associated with the guidelines
and framework of the municipal plan shall be shown on a map.
Subsection 4. The municipal plan shall not contradict:
1) the desired future spatial development described in the regional spatial

development plan;
2) rules established or decisions made pursuant to §3 and §5j;
3) published proposals for establishing rules pursuant to §3 and §5j, cf.
§22a, subsection 1.
4) a water resources plan, a Natura 2000 plan, action plans for the
implementation of these plans, cf. the Act on environmental objectives
etc. for water resources and international nature protection areas
(Environmental Objectives Act) or rules established pursuant to §36,
subsection 3 of that Act;
5) a Natura 2000 forest plan, cf. Part 4 of the Forest Act; or
6) a raw materials plan, cf. §5a of the Raw Materials Act.
§11a. The municipal plan shall contain guidelines on:
1) the designation of areas as urban zones and summer cottage areas;

2) the location of areas designated for various urban land uses, such as
residential purposes, business purposes, the location of public
institutions, service purposes, urban regeneration areas etc.;
3) the municipal structure of retail trade, including the delimitation of the
central part of a town or city district and any secondary centres, and
establishing the maximum permitted gross floor space for retail trade
purposes and the maximum permitted gross floor space for the
individual shops in the specific parts of the municipality, cf. §5l, §5m,
§5n, §5o, §5p, §5q and §5r.
4) the location of transport facilities;
5) the location of technical installations;
6) the location of areas designated for enterprises, etc. that require special
siting to prevent pollution;
7) the location of the projects specified in §11g;
8) ensuring that areas exposed to noise are not designated for noise-
sensitive purposes unless the future use can be secured against noise
nuisance, cf. §15a;
9) the location of areas to be used for leisure purposes, including allotment
garden areas and other recreational areas;
10) the administration of agricultural interests, including designating and
protecting especially valuable agricultural areas;
11) the location of afforestation areas and areas where afforestation is not
desired;
12) low-lying areas, including the location of low-lying areas that can be re-
established as wetlands;
13) the administration of interests in nature protection, including the
location of nature reserves with special interests in nature protection, of
ecological corridors and of potential nature reserves and potential
ecological corridors;
14) securing the cultural and historical assets worthy of conservation,
including the location of valuable cultural environments and other
important cultural and historical assets worthy of conservation.
15) securing the landscape assets worthy of conservation and the location of
areas with valuable landscape features, including large, cohesive
landscapes;
16) securing the geological assets worthy of conservation, including the
location of areas with special geological value;
17) the use of watercourses, lakes and coastal waters;
18) land use in the coastal zone in accordance with the provisions of §5a,
subsection 1 and §5b; and
19) the implementation of rules established or decisions made pursuant to
§3 and §5j of this Act.
§11b. A framework for the content of local plans for the specific parts of the
municipality shall be established for:
1) the distribution of construction according to type and use;

2) areas designated for mixed urban uses;
3) matters related to development, including a framework for conserving
settlements or urban environments;
4) urban renewal in existing urban communities;
5) urban regeneration areas, in which the use of buildings and
undeveloped land used for business purposes, harbour purposes or
similar activities is to be changed to residential purposes, public
institutional purposes, urban centre purposes, recreational purposes or
business purposes that are compatible with using the land for
residential purposes;
6) the supply of public and private services;
7) areas for retail trade purposes, including a framework for the maximum
permitted gross floor space for new construction and conversion of
existing sites for retail trade purposes and the maximum permitted
gross floor space for the individual shops;
8) institutions and technical facilities, including heat supply;
9) recreational areas, including allotment garden areas, cf. §11c;
10) transport services;
11) the transfer of areas to urban zones or summer cottage areas;
12) the chronological order for development and changing the designated
use of new areas for urban purposes, the urban regeneration areas
specified in §4 and summer cottage areas;
13) the use of waters and the design of installations on waters in an urban
regeneration area within or in connection with the outer jetties of a
harbour.
Subsection 2. The municipal plan may contain guidelines for other matters
than those specified in subsection 1 and §11a that may be significant for
land use and development, including the location of land for the siting of
buildings used for agricultural operations and operational facilities within
the designated especially valuable agricultural areas, cf. §11a, no. 10.
§11c. The municipal council shall produce a framework for the content of
local plans that ensures that land for allotment gardens near urban areas
has been designated such that the quantity and location of land are in
accordance with the development conditions and the opportunities to
designate allotment garden areas in the municipality.
Subsection 2. Allotment gardens shall mean the plots of gardening land
that are governed by the Allotment Gardens Act.
§11d. An urban regeneration area, cf. §11b, subsection 1, no. 5, shall be

delimited such that it solely includes an area in which the use of land for
business purposes, harbour purposes or the like that burdens the
environment has ceased or is being phased out in a large majority of the
area.
§11e. The municipal plan shall be accompanied by a report describing the

premises on which the plan is based, including:
1) the anticipated chronological order for implementation;
2) the relationships between the municipal plan and the regional spatial
development plan, cf. §10a and the adopted strategy for municipal
planning, cf. §23a;
3) areas protected pursuant to other legislation and any land reserved
pursuant to other sectoral legislation or legislation on project planning
and on projects;
4) the provisions established by the water resources plan and Natura 2000
plan, cf. the Act on environmental objectives etc. for water resources
and international nature protection areas (Environmental Objectives
Act), and the Natura 2000 forest plan, cf. Part 4 of the Forest Act, that
are relevant to the planning of land use within the geographical area
covered by the municipal plan;
5) action plans for the implementation of the water resources plan and
Natura 2000 plan pursuant to §31a and 46a of the Act on environmental
objectives etc. for water resources and international nature protection
areas (Environmental Objectives Act);
6) the provisions established by the raw materials plan, cf. §5a of the Raw
Materials Act that are relevant to the planning of land use within the
geographical area covered by the municipal plan;
7) the future development of the coastal zone and the adjacent waters;
8) the relationships between the municipal plan and the municipal
planning in adjacent municipalities; and
9) the relationships between the municipal plan and the state transport
plan and the plan for public transport services of the publicly owned
transport companies.
Subsection 2. The existing and planned conditions in the coastal zone,

including which areas are to be kept free of development, shall be shown on
a map appended to the report.
Subsection 3. The report on the part of the municipal plan that contains
guidelines on the projects specified in §11g shall include an assessment of
the likely effects on the environment.
Subsection 4. The report that covers the part of the municipal plan that
includes guidelines for the supply of retail shops, cf. §11b, subsection 1, no.
7, shall include:
1) an assessment of the current floor space used for retail trade purposes
in each town and city district according to the main categories of shop
and the total turnover within each category;
2) an assessment of the need for new construction or the conversion of
existing buildings to retail trade purposes;
3) an outline of the objectives of the structure of retail trade, including the
catchment area expected to be served by the shops that are permitted to
be located within the areas delimited;
4) information on how the municipal plan promotes the objectives for the
general structure of the municipality, including how the proposal
promotes a diverse supply of shops in small and medium-sized towns
and the urban environment in the areas proposed to be designated for
retail trade purposes;
5) action plans for the implementation of the water resources plan and
Natura 2000 plan pursuant to §31a and 46a of the Act on environmental
objectives etc. for water resources and international nature protection
areas (Environmental Objectives Act);
6) the provisions established by the raw materials plan, cf. §5a of the Raw
Materials Act that are relevant to the planning of land use within the
geographical area covered by the municipal plan;
7) the future development of the coastal zone and the adjacent waters;
8) the relationships between the municipal plan and the municipal
planning in adjacent municipalities; and
9) the relationships between the municipal plan and the state transport
plan and the plan for public transport services of the publicly owned
transport companies.
§11f. The municipal council shall, when the municipal plan is revised, cf.
§23a, subsection 2, points 1 and 2, carry out the changes in the plan that are
necessary in accordance with the provisions of §5a, subsection 1 and §5b.
Subsection 2. The municipal council shall in this connection examine the

previously adopted but not used reservations of land in the municipal plan
and revoke the reservations that are not current.
Subsection 3. The municipal council shall, based on considerations of,

among other things, tourism and open-air recreation, assess the
opportunities for improving large, coherent summer cottage areas.
Subsection 4. The municipal council shall, for the coastal parts of urban
zones, assess the future development conditions, including the height of
buildings, with the aim of ensuring:
1) that new development fits in with the coastal landscape as a whole;

2) that conservation-worthy units of the urban structure and interests in
protecting nature in the surrounding land areas are considered;
3) that the necessary infrastructural installations, including harbours, are
considered; and
4) public access to the coast.
Environmental impact assessment

§11g. Projects that are likely to have significant effects on the environment
shall not be initiated before guidelines are produced in the municipal plan
on the location and design of the project with an accompanying
environmental impact assessment, cf. §11e, subsection 3.
Subsection 2. In producing guidelines in the municipal plan for projects

subject to subsection 1, the municipal council shall, before initiating the
work on the report on the likely important effects of the project on the
environment, publish a brief description of the main features of the
proposed project and solicit ideas and suggestions to be used in
establishing the content of the report.
Subsection 3. If a desired project is otherwise in accordance with the

guidelines in the municipal plan, the municipal council shall produce a
proposal for a supplement to the municipal plan as soon as possible and
promote this matter as much as possible. This obligation shall not apply,
however, if a necessary permit in accordance with §35 cannot be granted.

Subsection 4. The Minister for the Environment may establish rules stating
that projects subject to subsection 1 shall not be initiated without a permit
from the municipal council or the Minister.
§11h. The Minister for the Environment may establish rules specifying
which projects shall be subject to §11g. However, projects the details of
which are adopted by a specific act shall always be excepted. The Minister
for the Environment may also establish rules specifying the minimum
information required to conduct environmental impact assessment.
Subsection 2. The Minister for the Environment may establish rules

governing the public announcement of:
1) decisions stating that a project is subject to or not subject to the

provisions of §11g;
2) decisions stating that a proposal for a supplement to the municipal
plan for a project that is subject to the provisions of §11g will not be
adopted;
3) decisions stating that a proposal that has been published will not be
adopted in final form; and
4) decisions stating that a permit issued pursuant to the rules established
in accordance with §11g, subsection 4 has been granted or has not been
granted.
§11i. The Minister for the Environment may establish rules that allow the
Minister to assume the obligations and powers of the municipal council for
certain categories of projects subject to §11g.
§12. Municipal councils shall strive to implement the municipal plan,

including exercising the authority conferred by legislation, cf., however, §19
and §40.
Subsection 2. Within urban zones, the municipal council may object to

parcelling out and construction that contradicts the stipulations on
chronological order established by the municipal plan. Nevertheless, a ban
may not be issued if the area concerned is governed by a detailed town
planning by-law or local plan produced prior to the municipal plan.
Subsection 3. Within urban zones and summer cottage areas, the municipal
council may object to construction projects or changing the use of built-up
areas or undeveloped areas, when the built-up area or use contradicts the
stipulations of the framework of the municipal plan. Nevertheless, a ban
may not be issued if the relevant area is designated for public purposes by
the municipal plan or if the area is governed by a local plan or town
planning by-law.
Part 5
Local planning
§13. The municipal council may produce local plans in accordance with the
stipulations in Part 6. A local plan may not contradict:
1) the municipal plan;
2) rules established or decisions made pursuant to §3 and §5j;
3) published proposals for establishing rules pursuant to §3 and §5j, cf.
§22a, subsection 1.
4) a water resources plan or Natura 2000 plan, cf. the Act on
environmental objectives etc. for water resources and international
nature protection areas (Environmental Objectives Act), an action plan
pursuant to §31a and §46a of that Act or rules established pursuant to
§36, subsection 3 of that Act;
5) a Natura 2000 forest plan, cf. Part 4 of the Forest Act; or
6) a raw materials plan, cf. §5a of the Raw Materials Act.
Subsection 2. A local plan shall be produced before large areas are parcelled
out and before major development projects, including demolition, are
carried out, and also when it is necessary to ensure the implementation of
the municipal plan.
Subsection 3. If a parcelling out or development project, etc. as specified in

subsection 2 is in compliance with the municipal plan or the regional and
municipal plan for Bornholm, the municipal council shall prepare a
proposal for a local plan as soon as possible and expedite the case as much
as possible. In such circumstances the municipal council may require that
the developer assist the municipality in preparing the plan.
Subsection 4. When a property owner requests that property be transferred

from a rural zone to an urban zone with the aim of carrying out a
development project, the municipal council may require that the owner of
the property provide security subject to approval by the municipality to
ensure that, if the work is not carried out, the municipality can be
reimbursed for the expenses it incurs in producing a local plan and a
supplement to the municipal plan and, unless the owner dispenses with the
right to demand that the municipality assume ownership of the property
pursuant to §47a, the expense of assuming ownership of the land in
accordance with §47a. The municipality may require that the expenses
incurred by the municipality in connection with preparing the local plan be
reimbursed if the development project has not begun within 4 years after
the land is transferred to an urban zone.
Subsection 5. The provisions of subsection 2 shall not apply if a local plan,

town planning by-law or regulation plan contains specific rules governing
the parcelling out or development project.
Subsection 6. The Minister for the Environment may establish specific rules
governing the extent of the municipal council’s powers and obligations in
accordance with subsections 1 and 2 for matters regulated by other
legislation.
§14. The municipal council may ban the establishment of situations, legally
or in fact, that may be prevented by a local plan. The ban may be imposed
for a maximum of one year. The municipal council shall cause notice of the
ban to be entered in the land registry for the applicable property. The
registration is not necessary for the ban to be valid.
§15. A local plan shall contain information on the purpose of the plan and
its legal effects.
Subsection 2. A local plan may contain provisions on:
1) transferring areas governed by the plan to an urban zone or a summer

cottage area;
2) the use of the area, including reserving specific areas for public use;
3) the size and extent of properties;
4) roads and paths and other matters related to traffic, including the rights
of access to traffic areas and with the intent of separating different kinds
of traffic;
5) the location of tracks, pipes and transmission lines, including electric
power lines;
6) the location of buildings on lots, including the ground level at which a
building shall be constructed;
7) the extent and design of buildings, including provisions that regulate
the density of residential housing;
8) the use of individual buildings;
9) the design, use and maintenance of undeveloped areas, including
provisions that regulate the ground, fences, conservation of plants and
other matters pertaining to plants, and the lighting of roads and other
traffic areas;
10) conserving landscape features in connection with the development of an
area allocated to urban or summer cottage development;
11) the production of or connection with common facilities located within
or without the area governed by the plan as a condition for starting to
use new buildings;
12) providing noise-abatement measures such as plantings, sound baffles,
walls or similar construction as a condition for starting to use new
buildings or changing the use of an undeveloped area;
13) establishing landowners’ associations for new areas with detached
houses, industrial or commercial areas, areas for leisure houses or
urban regeneration areas, including compulsory membership and the
right and obligation of the association to take responsibility for
establishing, operating and maintaining common areas and facilities;
14) conserving existing buildings, so that buildings may only be
demolished, converted or otherwise altered with a permit from the
municipal council;
15) keeping an area free from new construction if buildings may be exposed
to collapse, flood or other damage that may endanger users’ life, health
or property;
16) cessation of the validity of expressly specified negative easements if the
continued validity of the easement will contradict the purpose of the
local plan, and if the easement shall not lapse as a result of §18;
17) combining flats in existing residential housing;
18) insulating existing residential housing against noise;
19) banning major construction projects in existing buildings, so that such
projects may only be carried out with a permit from the municipal
council or if they are required by a public authority in accordance with
legislation;
20) establishing allotment associations for new allotment
garden areas, including mandatory membership and the association’s
right and duty to adopt provisions that shall be subject to approval by
the municipal council on the termination or annulment of contracts
governing the right of use and on the relinquishment of the right to use
allotment gardens;
21) insulating new residential housing against noise in existing residential
areas or areas for mixed urban uses, cf. §11b, subsection 1, no. 2;
22) requiring that new residential housing be constructed as low-energy
housing, cf. §21a;
23) the use of waters in an urban regeneration area, cf. §11d, within or in
connection with the outer jetties of a harbour; and
24)the design of installations on waters in an urban regeneration area, cf.
§11d, within or in connection with the outer jetties of a harbour,
including damming and filling, establishing fixed installations and
placing fixed or anchored installations or objects and the placing of
boats intended to be used for other purposes than pleasure sailing,
dredging or excavating etc.
Subsection 3. A local plan for an area that is converted to urban use or to

summer cottage construction shall contain provisions to comply with the
matters specified in subsection 2, no. 2–4.
Subsection 4. A local plan for an area that is to remain in a rural zone may
contain provisions stipulating that the local plan serves as the permits in
accordance with §35, subsection 1 that are necessary to implement the plan.
Conditions may be attached to these provisions.
Subsection 5. Outside villages, a local plan for areas in a rural zone that are
designated for agricultural use may not contain provisions in accordance
with subsection 2, no. 3, 6, 8 or 9.
Subsection 6. The Minister for the Environment may establish rules that
allow local plans to contain provisions on matters other than those
specified in subsection 2.
Subsection 7. In compliance with other legislation, the Minister for the

Environment may establish rules stipulating that permits and exemptions
that are necessary to realize a local plan are considered to be granted by the
implementation of the local plan. The Minister for the Environment may
also establish rules specifying the ability of a municipal council to dispense
with such local plans and on the right of other authorities to submit
objections to proposals for such local plans.

Subsection 8. A local plan that permits the establishment of shops shall
include provisions on the maximum gross floor space permitted for each
individual shop and the total gross floor space that is permitted to be used
for retail trade purposes.
Subsection 9. A local plan for an urban regeneration area with land being
used for harbour purposes shall contain provisions that ensure that the
public has access to the water.
§15a. A local plan may only designate land exposed to noise for noise-
sensitive use if the plan can ensure that the future use will be without noise
nuisance through noise-abatement measures, cf. §15, subsection 2, no. 12,
18 and 21.
Subsection 2. Local plans that are produced for lots in an area that the
municipal plan has designated as an urban regeneration area may,
regardless of subsection 1, designate noise-burdened land for noise-
sensitive uses if the municipal council can ensure that the noise burden will
end during a time period that does not substantially exceed eight years after
the local plan adopted in final form has been published.
Subsection 3. In connection with urban renewal and the development of

urban settlements that are of considerable importance to the municipality,
and that are within the noise impact area surrounding drill grounds of the
Danish Defence Forces and shooting and drill areas, the Minister for the
Environment may, in special cases and after a statement has been solicited
from the Ministry of Defence, allow minor dispensations from subsection 1,
in which the noise level does not substantially exceed LCDEN 2 55 dB(A).
§16. A local plan shall be accompanied by a report describing how the plan
relates to the municipal plan and other planning for the area.
Subsection 2. The report shall state whether the realization of the local plan
depends on permits or exemptions from other authorities than the
municipal council.
Subsection 3. The report prepared in connection with local plan proposals

for development projects in the coastal zone shall inform about the effects
2 LCDEN is the average noise level for day, evening and night.
on the visual environment, and justification shall be presented for
structures intended to be taller than 8.5 m. In addition, the report shall
describe other possible conditions that are important in safeguarding the
interests related to nature and open-air recreation.
Subsection 4. The report prepared in connection with local plan proposals

for development projects in the urban zones located near the coast that will
have effects on the visual environment of the coast shall inform about these
effects. If the development project deviates substantially in height or
volume from the existing buildings in the area, this must be justified.
Subsection 5. Local plan proposals for projects subject to §11g shall be

exempted from the rules outlined in subsections 3, 4 and 6.
Subsection 6. The report accompanying a local plan proposal that permits

the establishment of shops shall describe the impact of the buildings on the
urban environment, including the existing buildings in the area, open
spaces and transport conditions.
Subsection 7. The report accompanying a local plan as specified in §15a,

subsection 2 shall contain information on how it will be ensured that the
noise burden will end. A report that requires the implementation of noise-
abatement measures on existing enterprises shall contain specific
information on the basis for the assessment of each enterprise, and the
information shall, to the extent possible, be produced in dialogue with the
enterprises.
Subsection 8. The report accompanying a local plan proposal associated

with entering into a development agreement, cf. §21b, shall contain
information on how the content and design of the provisions of the local
plan proposal are related to the development agreement.
§17. When a local plan proposal is published in accordance with §24,

properties that are covered by the proposal may not be developed or
otherwise used in a way that creates a risk that the content of the final plan
will be forestalled.
Subsection 2. After the expiry of the time limit in accordance with §24,
however, the municipal council may permit a property covered by the plan
proposal to be developed or used in accordance with the proposal, as long
as this is in compliance with the municipal plan and is not the start of a
major development project, etc., cf. §13, subsection 2.
Subsection 3. A permit in accordance with subsection 2 may not be granted

as long as an objection in accordance with §29, §29a or §29b is in force or
in cases in which the Minister for the Environment has taken a decision in
accordance with §3, subsection 4.
Subsection 4. Subsection 1 only applies until the final adopted or approved

local plan is publicly announced in accordance with §30 and a maximum of
one year after the proposal is published.
§18. When a local plan has been publicly announced in accordance with
§30, situations may not be established, legally or in fact, that contradict the
provisions of the plan, unless exemption is granted in accordance with the
stipulations in §19 or §40.
§19. The municipal council may grant exemptions from the provisions of a
local plan or a plan, etc. in force in accordance with §68, subsection 2, if the
exemption does not contradict the principles of the plan, cf., however, §40.
Subsection 2. More extensive deviations than those subject to subsection 1

may only be carried out by producing a new local plan.
Subsection 3. A provision in a local plan whose content has been

determined in compliance with rules established or decisions made
pursuant to §3 or an agreement with a state or regional authority may only
be deviated from with the consent of the Minister for the Environment or
the authority concerned, respectively.
Subsection 4. The municipal council shall grant exemptions from the

provisions of a local plan governing the connection to a collective heat-
supply facility as a condition for taking new buildings into use when the
buildings are constructed as low-energy buildings.
§20. Exemptions in accordance with §19 may not be granted until two
weeks after the municipal council has given written notice about the
application to:
1) owners and users in the area governed by the plan;

2) neighbours of the property in question and others that have an interest
in the case, in the judgement of the municipal council, including the
local cultural environment council; and
3) the locally based associations and the like and nationwide associations
and organizations having the right to appeal decisions, cf. §59,
subsection 2 that have notified the municipal council in writing that
they want to be notified about such applications.
The notice shall state that comments may be submitted to the municipal
council within a time limit of two weeks.
Subsection 2. The provisions of subsection 1 shall not apply:
1) if, in the opinion of the municipal council, prior notification is of minor

importance for the persons and associations specified in subsection 1,
no. 1–3;
2) in the case of dispensation granted in accordance with §22, subsection 3
of the Building Act, for the construction of more than one single-family
house for year-round residence on a property, cf. §10A of the Building
Act; and
3) in case of exemptions granted pursuant to §19, subsection 4.
Subsection 3. The municipal council shall give notice of its decision to the
persons and associations that submitted comments in due time after being
notified in accordance with subsection 1.
§21. The municipal council may empower a landowners’ association or,

with the relevant landowners’ consent, a tenants’ association to grant
exemptions as discussed in §19, subsection 1. The landowners’ or tenants’
association shall give notice in accordance with the stipulations in §20.

stipulating that the municipal council may make an exemption from
provisions in town planning by-laws and local plans governing on-site
parking areas contingent on payment to a parking fund established
pursuant to the Building Act.
§21a. Low-energy buildings shall mean buildings that, at the time of the
application for a building permit, fulfilled the energy-related stipulations
for low-energy buildings established by the building regulations.
Part 5a
Development agreements on infrastructure
§21b. At the request of a property owner, a municipal council may enter

into a development agreement with the property owner for areas
designated as urban zones in the municipal plan, cf. §11a, no. 1.
Subsection 2. Development agreements may be entered into with the aim

of:
1) achieving a higher quality or standard of the planned infrastructure in
an area;
2) accelerating the local planning for an area designated for development
through local planning by the framework provisions of the municipal
plan, including urban regeneration, but for which local planning would
contradict the provisions on the chronological order of development of
the municipal plan; or
3) change or extend the development opportunities listed in the
framework provisions of the municipal plan or the local plan for the
relevant area on the condition that the property owner must only
contribute to financing infrastructure that the municipality would not
be required to establish.
Subsection 3. The development agreement may solely contain provisions

stipulating that the property owner in full or in part shall construct or pay
the expenses for the physical infrastructural installations that are to be
established inside or outside the area to implement the planning
provisions. The agreement may further stipulate that the property owner
shall pay the expenses for preparing the municipal plan supplement and
the local plan.
Subsection 4. Information that a draft of a development agreement exists

shall be publicized simultaneously with the publication pursuant to §24 of
the proposal for the municipal plan supplement and the local plan. §26,
subsection 1, shall similarly apply to information on the draft of a
development agreement.
Subsection 5. The municipal council’s entering into a development

agreement shall be adopted simultaneously with the adoption of the local
plan in final form, and information on the adoption of the development
agreement shall be publicized. Information on the development agreement
shall be accessible to the public. §31, subsection 1 shall similarly apply to
the development agreement.
Part 6
Producing and repealing plans
§22. [Repealed]
§22a. Before the Minister for the Environment submits a national planning
report or a report on the national planning interests related to special
topics, cf. §2, subsection 2, and before the Minister for the Environment
establishes binding rules or guidelines pursuant to §3, subsection 1 or §5j,
subsections 2 and 4, a proposal shall be published and be sent to the
affected regional councils and municipal councils. The Minister for the
Environment shall establish a time limit of at least eight weeks for the
submission of comments on the published proposal.
Subsection 2. At the request of the Minister for the Environment, the

regional councils shall coordinate the contributions of the municipal
councils pursuant to subsection 1.
Subsection 3. Regional councils and municipal councils may submit

proposals on national planning to the Minister for the Environment on
their own initiative.
Subsection 4. Before a proposal for rules to be established pursuant to §5e,

subsection 1 is prepared, the Minister for the Environment shall solicit
ideas, proposals, etc. in preparation for the planning work.
Subsection 5. In special cases, the Minister for the Environment may grant
dispensation from subsection 1 in connection with the establishment of
rules pursuant to §3, subsection 1.
§22b. Regional spatial development plans shall be produced in accordance

with the stipulations in this Part.
Subsection 2. Municipal and local plans shall be produced and amended in

accordance with the stipulations in this Part.
§22c. The regional council and Bornholm Municipal Council, respectively,

shall publish a proposal for a regional spatial development plan before the
end of the first half of the regional and local election period, cf., however,
§10b, subsection 2.
Subsection 2. The regional council may otherwise publish a proposal for a

regional spatial development plan when it considers this appropriate.
§23. [Repealed]
§23a. Before the end of the first half of the regional and local election
period, the municipal council shall publish a strategy for municipal
planning. The municipal council may, in addition, publish such a strategy
whenever the council considers this necessary or appropriate. The
municipal council shall, simultaneously with publication, send the adopted
strategy to the Minister for the Environment and other state, regional and
municipal authorities whose interests are affected as well as to the local
cultural environment council.
Subsection 2. The strategy specified in subsection 1 shall contain

information on the planning that has been carried out since the latest
revision of the municipal plan, the municipal council’s assessment of and
strategy for development and the council’s decision:
1) to revise the municipal plan as a whole; or
2) to revise the provisions of the municipal plan for special topics or areas
of the municipality and to adopt parts of the municipal plan for a new
period of four years.
Subsection 3. Any municipal councillor who demands to have his or her

minority opinion on the plan proposal, cf. subsection 2, entered in the
protocol of the municipal council may demand that this minority opinion
be published simultaneously with the proposal together with a brief
statement written by the councillor.
Subsection 4. The municipal council shall set a time limit of at least eight
weeks for submitting ideas, proposals, etc. and comments on the published
strategy.

Subsection 5. After the expiry of the time limit in accordance with
subsection 4, the municipal council shall take a position on the submitted
comments. In connection with this, the municipal council may adopt
amendments to the published strategy.
Subsection 6. The municipal council shall publicly announce whether it has

adopted amendments to the strategy and shall send a copy of the public
announcement to the authorities specified in subsection 1.
§23b. When public announcement has been effected in accordance with

§23a, subsection 6, the municipal council may prepare such proposals for
the municipal plan or amendments thereto as have been decided on in the
strategy.
§23c. The municipal council may produce proposals to amend the

municipal plan that have not been decided on in a strategy that has been
adopted and publicly announced in accordance with the rules in §23a.
Before such proposals are prepared, the municipal council shall solicit
ideas, proposals etc. in preparation for the planning work. For minor
amendments to the framework of the municipal plan that do not contradict
the main principles of the plan and insubstantial amendments to the
general structure of the plan, the municipal council may, however, omit the
solicitation of ideas, proposals, etc.
Subsection 2. The solicitation of ideas and proposals shall contain a brief

description of the major issues in the forthcoming planning. The
solicitation shall be effected by public announcement. The municipal
council shall set a time limit for submitting ideas, proposals, etc.
§23d. If the municipal council proposes to revise the municipal plan, cf.
§23a, subsection 2, no. 1 and 2, the council shall conduct an information
campaign with the aim of promoting a public debate on the objectives and
specific content of the revision of the plan. This may be carried out in
connection with the publication of the strategy or in connection with the
publication of the proposal to amend the municipal plan.
§23e. In connection with the publication of the strategy specified in §23a,

the municipal council may carry out amendments to the municipal plan
that are a direct effect of amendments to legislation if the amendment is
binding for municipal planning and does not allow decision latitude within
municipal planning.
§23f. After the municipal plan undergoes major amendments, the

municipal council shall produce an overview of the content of the plan and
a consolidated version of the applicable provisions that the public shall
have access to use.
§24. After the regional council or municipal council adopts a proposed

plan, it shall be published. The municipal council shall simultaneously
publish the accompanying report. At the time of publication, the time limit
in accordance with subsection 3 shall be communicated. At the time of
publication of municipal plan proposals and amendments thereto, the
stipulations in §12, subsections 2 and 3 shall be communicated. At the time
of publication of local plan proposals, the stipulations in §17 shall be
communicated.
Subsection 2. Any municipal councillor or regional councillor who demands

to have his or her minority opinion on the plan proposal entered in the
protocol of the municipal council may demand that this minority opinion
be published simultaneously with the proposal together with a brief
statement written by the councillor.
Subsection 3. The regional council or municipal council shall set a time

limit of at least eight weeks for submitting objections, etc. to the proposed
plan.
§25. Simultaneously with publication in accordance with §24, the plan

proposal shall be sent to the Minister for the Environment, other state,
regional and municipal authorities whose interests are affected by the
proposal and the relevant national park fund created pursuant to the
National Parks Act.
Subsection 2. Proposals for regional spatial development plans shall,

simultaneously with publication, be sent to the other regional councils and
the Bornholm Municipal Council and to the regional economic growth
forums whose interests are affected by the proposal.
Subsection 3. Proposals for municipal plans and local plans that include
matters related to the cultural heritage shall be sent to the local cultural
environment council simultaneously with publication.
§26. Simultaneously with publication of a local plan proposal in
accordance with §24, the municipal council shall give written notice hereof
to:
1) the owners of properties covered by the proposal and the tenants and
users of these properties;
2) the owners of properties outside the area covered by the proposal and
the tenants and users of these properties that would be substantially
affected by the plan, in the opinion of the municipal council; and
3) the locally based associations and the like and nationwide associations
and organizations having the right to appeal decisions, cf. §59,
subsection 2 that have asked the municipal council in writing to be
informed of local plan proposals.
Subsection 2. If the proposal contains provisions about the lapse of

easements in accordance with §15, subsection 2, no. 16, the municipal
council shall, as far as possible, notify the persons entitled in accordance
with the instrument of easement.
Subsection 3. The notice shall inform about the time limit in accordance
with §24, subsection 3, contain any minority opinions in accordance with
§24, subsection 2 and inform about the stipulations in §17.
§27. After the expiry of the time limit in accordance with §24, subsection 3,
the regional council or municipal council may adopt the final plan, cf.,
however, §3, subsection 4, §28, §29, §29a and §29b. If objections, etc. to a
local plan proposal are submitted in due time, the local plan may not be
adopted until four weeks after the time limit for objections expires.
Subsection 2. When the plan is in the process of being adopted in final

form, the published plan proposal may be amended. If the amendment will
substantially affect other authorities or persons than those that brought
about the amendment by objecting, the plan may not be adopted before the
relevant authority or person has been given the opportunity to comment.
For substantial changes in a proposal for a regional spatial development
plan or municipal plan proposal, the Minister for the Environment shall
have the opportunity to comment. The regional council or municipal
council shall set a time limit for this purpose. If the amendment is so
extensive that it actually is a new plan proposal, it shall be published, etc. in
accordance with the stipulations in §24–26.
§28. A plan proposal may not be adopted in final form if an authority, in

accordance with the stipulations in §29, §29a or §29b, has notified the
regional council or municipal council, in writing, that it objects to the
proposal before the expiry of the time limit in accordance with §24,
subsection 3 or §27, subsection 2. The proposal may then not be adopted
until the parties have reached agreement on the necessary amendments.
Subsection 2. The parties may bring unresolved issues in accordance with

subsection 1 before the Minister for the Environment, cf., however, §29b,
subsection 3, point 1.
Subsection 3. Objections made pursuant to subsection 1 shall be justified.
Subsection 4. The provisions of subsections 1–3 shall similarly apply to

objections made by the relevant national park fund pursuant to the rules in
§29c.
§29. The Minister for the Environment shall submit objections made in
accordance with §28 to a proposal for a regional spatial development plan,
a municipal plan proposal and amendments to a municipal plan that are
not in accordance with overall national interests. This obligation shall not
apply, however, if the matter is of minor importance.
Subsection 2. The Minister for the Environment shall submit objections

made in accordance with §28 to local plans that govern areas in the coastal
zone if the proposed plan contradicts the provisions of §5a, subsection 1,
§5b, §11f or §16, subsection 3. This obligation shall not apply, however, if
the situation is of minor importance in relation to the national planning
interests in the coastal areas, cf. §1.
Subsection 3. A state authority may submit objections made in accordance

with §28 to a local plan proposal based on the special considerations the
authority safeguards.
§29a. The regional council may submit objections made in accordance with
§28 to municipal plan proposals and proposed amendments to municipal
plans if the proposed plan contradicts the regional spatial development
plan.
Subsection 2. The regional council shall inform the Minister for the
Environment of any objections submitted in accordance with subsection 1.
If the regional council withdraws an objection, the Minister for the
Environment shall similarly be notified.
§29b. A municipal council may submit objections to plan proposals from

an adjacent municipality if the proposal has considerable importance for
the development of the municipality.
Subsection 2. A municipal council in Greater Copenhagen may submit

objections to plan proposals from other municipalities in Greater
Copenhagen if the proposal has considerable importance for the
development of the municipality.
Subsection 3. The parties may bring unresolved issues in accordance with

subsections 1 and 2 before the regional council. If the municipalities are not
located in the same administrative region, the Minister for the
Environment shall decide the case.
§29c. The relevant national park fund may submit objections pursuant to
§28 to a plan proposal if the proposal is of considerable importance for the
development of the national park.
§30. The regional council or municipal council shall publicly announce the
adoption of the plan in final form and send it to the authorities specified in
§25. The plan shall be accessible to the public.
Subsection 2. The public announcement of the municipal plan and

amendments thereto or local plans shall inform about the stipulations in
§12, subsections 2 and 3 and in §18.
§31. Simultaneously with the public announcement of a local plan in

accordance with §30, the municipal council shall send one copy of the
public announcement to:
1) owners of the properties governed by the plan;

2) anyone who, in due time, has submitted objections, etc. to the plan
proposal; and
3) the authorities specified in §25 and the associations specified in §26,
subsection 1, no. 3.
Subsection 2. The municipal council shall cause the local plan to be entered
in the land registry for the properties covered by the plan.
§31a. The Minister for the Environment may establish rules stipulating
that the obligation of the municipal council in accordance with §23a,
subsections 1 and 6, §25, subsection 1, §30, subsection 1 and §31,
subsection 1, no. 3 to send plans, plan proposals and municipal planning
strategies to the public authorities whose interests are affected shall be
carried out by the municipal council sending plans, plan proposals and
municipal planning strategies in digital form to the registry that the
Minister for the Environment has created pursuant to §54b together with
information on which public authorities shall be informed.
§32. A local plan proposal shall lapse if it is not adopted within three years
after publication.
Subsection 2. A local plan shall lapse if it is not publicly announced in

accordance with §30 within eight weeks after it is adopted in final form.
§33. The municipal council may decide to repeal town planning by-laws
and local plans for areas that are transferred back to a rural zone and local
plans for areas in the rural zone if planning for the area is no longer
considered to be necessary.
Subsection 2. Decisions in accordance with subsection 1 may not be taken

until after the owners of the affected areas have had the opportunity to
comment. The municipal council shall set a time limit for this purpose of at
least eight weeks.
Subsection 3. The municipal council shall inform the Minister for the
Environment and the relevant owners of decisions made pursuant to
subsection 1.
Subsection 4. The municipal council shall cause repealed town planning by-
laws and local plans to be removed from the land registry.
Part 6a
Local Agenda 21
§33a. Before the end of the first half of the regional and local election
period, regional councils and municipal councils shall publish a report on
their strategy for the contribution of the administrative region or
municipality to sustainable development in the twenty-first century with
information on how this work will be carried out in a holistic,
interdisciplinary and farsighted manner and how the public, enterprises,
organizations and associations will be involved in this work (Local Agenda
21).
Subsection 2. The strategy of the regional council shall contain the regional
council’s political objectives for the future work within the following
priority areas:
1) reducing the negative effects of human activity on the environment;
2) promoting sustainable regional development;
3) involving the general public and business in Local Agenda 21 work;
and
4) promoting interaction between decisions on environmental, transport,
business, social, health, educational, cultural and economic factors.
Subsection 3. The strategy of the municipal council shall contain the

municipal council’s political objectives for the future work within the
following priority areas:
1) reducing the negative effects of human activity on the environment;
2) promoting sustainable urban development and urban regeneration;
3) promoting biological diversity;
4) involving the general public and business in Local Agenda 21 work;
and
5) promoting interaction between decisions on environmental, transport,
business, social, health, educational, cultural and economic factors.
Subsection 4. The report specified in subsection 1 shall be sent to the

Minister for the Environment simultaneously with publication.
§33b. Every four years, the Minister for the Environment shall submit a
report on Local Agenda 21 work in the administrative regions and
municipalities to a committee established by the Folketing. The report shall
be produced in cooperation with the associations of regional councils and
municipal councils.
Part 7
Zoning and rural zone administration
§34. The entire country is divided into urban zones, summer cottage areas
and rural zones.
Subsection 2. Urban zones are:
1) areas allocated to urban development as part of an urban development

plan;
2) areas allocated as construction zones for urban development by a
building by-law;
3) areas allocated to urban development or public use by a town planning
by-law; and
4) areas transferred to an urban zone by a local plan.
Subsection 3. Summer cottage areas are:

1) areas allocated to summer cottage development by a building by-law or
a town planning by-law; and
2) areas transferred to a summer cottage area by a local plan.
Subsection 4. Rural zones are the areas not included under subsections 2
and 3.
§35. Without a permit from the municipal council, parcelling out, new
construction and a change in the use of existing buildings and undeveloped
areas shall not be allowed, cf., however, §36–38.
Subsection 2. A permit in accordance with subsection 1 for parcelling out,

construction or changing the use of land that is subject to the obligation to
conduct environmental impact assessment in accordance with §11g,
subsection 1 or the obligation to produce a local plan in accordance with
§13, subsection 2 may not be granted until the necessary provisions in the
municipal plan have been adopted in final form and the required local plan
has been publicly announced.
Subsection 3. For areas in the coastal zone, cf. §5a, permits in accordance
with subsection 1 may only be granted if the matter for which the permit
was applied is of negligible importance in relation to the national planning
interests in the coastal areas, cf. §1.
Subsection 4. Permits granted in accordance with subsection 1 may not be

granted until two weeks elapses after the municipal council gives written
notice to the neighbours to the relevant property about the application.
Subsection 5. The provisions of subsection 4 shall not apply if, based on the
opinion of the municipal council, the matter being applied for is of minor
importance for the neighbours.
Subsection 6. The applicant shall be notified in writing of decisions made

pursuant to subsection 1.
Subsection 7. A decision made pursuant to subsection 1 shall contain

information on the provisions of §59 and §60.
Subsection 8. Permits granted in accordance with subsection 1 shall be

publicly announced. Public announcement is not necessary, however, if the
permit is pursuant to a publicly announced local plan.
Subsection 9. The public announcement of a permit in accordance with

subsection 1 shall contain information about the provisions of §59 and §60.
§36. Permits in accordance with §35, subsection 1 are not required for:
1) parcelling out in accordance with §10, subsections 1 and 3 of the

Agricultural Properties Act for joint operation with an existing
agricultural property;
2) parcelling out of a forest property in accordance with §6, subsection 1,
no. 5 and 6 of the Agricultural Properties Act;
3) construction that is commercially necessary for the relevant property’s
operation as an agricultural or forestry property or for the practice of
fishery, cf., however, subsection 2.
4) taking into service of buildings or areas used for agriculture or forestry
or for the practice of fishery;
5) parcelling out, construction or changed land use to the extent that this is
ordered in a decision made in accordance with §19d and §19f of the
Protection of Nature Act, stipulated by a conservation order issued in
accordance with the Protection of Nature Act or expressly permitted by
a local plan produced in accordance with the stipulations in this Act;
6) exploitation of raw materials in the ground;
7) construction that is exempted from requiring a building permit in
accordance with the building regulations for small houses and that does
not result in the establishment of a new dwelling;
8) construction that is exempted from requiring a building permit by the
building regulations and is carried out to be used as a public transport,
service or warning facility or for radio or television reception;
9) additions to or renovation of a permanent dwelling, if the house’s total
gross floor space does not exceed 250 m2;
10) the transfer of a permanent dwelling to its use as a holiday dwelling;
11) parcelling out carried out based on acquisition in accordance with the
Act on the consolidation of land and public sale and purchase of real
property for agricultural purposes etc. (Land Consolidation Act) for the
purposes of a regional land purchasing board;
12) building or fitting up in existing buildings a dwelling on an agricultural
property the land area of which exceeds 30 ha if the new dwelling is to
be used in connection with intergenerational succession or for an
employee; and
13) construction to expand a small business in the open country that is
legally established in a building previously used for agricultural
purposes.
Subsection 2. A permit shall be obtained in accordance with §35, subsection

1, however, for the location and design of buildings as covered in subsection
1, no. 3, 12 and 13, that are built without connection to the property’s
previous built-up areas. For manure-storage installations, a permit shall be
granted for a location desired in relation to field operations, unless
important considerations related to the landscape, nature and the
environment and to neighbours militate decisively against this location. A
permit shall be conditional on the manure-storage installation being
screened with vegetation and the installation being removed when it is not
longer necessary for agricultural operations.

Subsection 3. Only in special circumstances may a permit be granted in
accordance with §35, subsection 1 for parcelling out for a dwelling built on
an agricultural property pursuant to the provisions of subsection 1, no. 12.
Subsection 4. The provisions of subsection 1, no. 12 and 13 shall not apply

within the dune conservation line or the beach protection line pursuant to
the Protection of Nature Act.
§37. Buildings that are no longer necessary for the operation of an

agricultural property may, without a permit in accordance with §35,
subsection 1, be taken into service for craft and industrial enterprises, small
shops and a dwelling, cf., however, subsection 3, and for storage and office
purposes, etc., if:
1) the enterprise or dwelling is set up in existing buildings that are not

renovated or added to significantly; and
2) the buildings were not built within the previous five years.
Subsection 2. A small, not unsightly storage facility may also be annexed to

the buildings specified in subsection 1 in accordance with specific
stipulations by the municipal council.
Subsection 3. If a property has several buildings previously used for

agricultural purposes, a dwelling in accordance with subsection 1 may be
established in only one of these buildings.
Subsection 4. Small shops and a dwelling may not be fitted up in

accordance with subsection 1 in buildings previously used for agricultural
purposes that are located within the dune conservation line or the beach
protection line.
§38. Buildings for the enterprise specified in §37 may only be used after
prior notice is given to the municipal council. The municipal council shall
ensure that the conditions under §37 are complied with. If the municipal
council fails to object within two weeks from the day the notice is received,
the buildings may be taken into service.

Part 8
Summer cottage areas
§38a. Property in a summer cottage area shall not be used for any other
purpose than dwelling, cf. §40 and §41, unless this has been otherwise
established in a local plan or in one of the plans that remains in force in
accordance with §68, subsection 2. Use that is lawfully initiated by 12 June
1999 may continue, however, but this right lapses when it has not been
utilized in 3 successive years, cf. §56, subsection 2.
§39. Unless otherwise established in a local plan or in one of the plans, etc.
in force in accordance with §68, subsection 2, no more than one dwelling
may be built or fitted up on an independently registered property in
summer cottage areas without a permit from the municipal council.
§40. Except for short-term holiday use, etc., a dwelling in a summer

cottage area may not be used for overnight purposes from 1 October to 31
March, unless the dwelling was used for permanent residence when the
area was designated as a summer cottage area and the right to use it as a
permanent residence did not lapse later, cf. §56, subsection 2.
Subsection 2. In special cases, the municipal council may grant exemptions

from the ban in subsection 1. An exemption shall lapse when there is a
change of ownership and when the dwelling is no longer used for
permanent residence.
§41. A pensioner who owns a dwelling in a summer cottage area shall have
a personal right to use the dwelling for permanent residence when he or she
has owned the property for eight years. The change in the use of the
dwelling to permanent residence shall not require a building permit process
in accordance with §2, subsection 1, letter c of the Building Act. The right to
permanent residence shall lapse, however, if the dwelling may not be used
for permanent residence in accordance with the rules governing housing
inspection in Part 9 of the Urban Renewal Act. The provisions in Part VII of
the Temporary Regulation of Housing Matters Act shall not apply to
dwellings that are used for permanent residence in accordance with point 1.
Subsection 2. A pensioner is defined as a person aged 65 years or more, a

person aged more than 60 years who receives a pension or voluntary early-
retirement pension under the unemployment benefit system or person
receiving anticipatory (disability) pension in accordance with the Social
Pensions Act.
Subsection 3. A pensioner’s spouse, cohabitant or close relative may use the

dwelling for permanent residence together with the pensioner. After the
pensioner’s death, the spouse, cohabitant or close relative may continue to
use the dwelling for permanent residence. The right shall no longer apply if
the person vacates the dwelling.
Subsection 4. If the pensioner dies without leaving a spouse or cohabitant,

another person that has shared household with the pensioner shall have the
right to continue using the dwelling for permanent residence.
Subsection 5. The right specified by subsections 3 and 4 shall lapse if the

person vacates the dwelling.
Part 9
Easements
§42. An owner of real property may only impose provisions by an

instrument of easement on this property on matters about which a local
plan may contain provisions with the prior consent of the municipal
council. Consent in accordance with point 1 may not be granted if a local
plan is to be produced in accordance with §13, subsection 2.
Subsection 2. The instrument of easement shall be endorsed with the

decision of the municipal council in accordance with subsection 1. If
consent is granted, or if the municipality owns the property, the
endorsement shall explicitly state that it is not mandatory to produce a
local plan.
§43. The municipal council, by order or by ban, may ensure compliance

with matters about which a local plan may contain easement provisions.
§44. The provisions of §42 and §43 shall not apply to easements imposed
by public authorities in accordance with legislation.
Part 10
Zone transfer
§45. The municipal council may decide to transfer areas from an urban
zone or summer cottage area to a rural zone in accordance with the
municipal plan.
Subsection 2. The municipal council may also, after application from the
owner concerned, transfer land from an urban zone or summer cottage area
to a rural zone if the land borders on a rural zone and if the transfer is
unobjectionable based on planning considerations.
Subsection 3. Decisions made pursuant to subsection 1 may not be taken

until after the owners of the affected lots have had the opportunity to
submit comments before a time limit set by the municipal council of at least
eight weeks.
Subsection 4. The municipal council shall individually notify the owners

concerned and the Minister for the Environment of the decisions taken in
accordance with subsections 1 and 2. Mortgagees and other holders of
registered rights in respect of these properties shall also be notified.
Subsection 5. The notice to owners and mortgagees shall contain

information about the stipulations in §46.
§46. If privately owned lots are transferred to a rural zone in accordance

with §45, compensation may be given for expenses the owner has incurred
in anticipation of using the property in an urban zone.
Subsection 2. In determining the amount of compensation, the conditions

existing at the time of the decision of the municipal council in accordance
with §45, subsections 1 and 2 shall be taken into account.
Subsection 3. Compensation claims in accordance with subsection 1 shall be

submitted in writing to the municipal council no later than 12 weeks after
the owner is notified of the municipal council’s decision in accordance with
§45, subsections 1 and 2. The municipal council shall notify the Minister for
the Environment of the compensation claim.
Subsection 4. An amicable arrangement on the amount of compensation

shall be acceded by the Minister for the Environment. If an amicable
arrangement is not reached no later than eight weeks after the expiry of the
time limit specified in subsection 3, the municipal council shall bring the
compensation claim before the valuation authorities in accordance with the
Public Roads Act, cf. §50.
Subsection 5. The Danish state shall pay one third of the municipal
council’s expenses for compensation and legal costs.
§46a. If a property or part of a property is transferred to a rural zone

pursuant to §45, the betterment charge shall be repaid to the owner if the
owner also owned the property or the part of the property transferred at the
time of transfer.
Subsection 2. If the ownership of the transferred property or part thereof

has been transferred to a person who, at the time of the ownership transfer
belonged to the group of persons outlined in the provision in §7, subsection
2 of the Betterment Charge Act that applied at that time, the betterment
charge shall be repaid to this person if this person is still the owner at the
time the property is transferred to a rural zone.
Subsection 3. The betterment charge shall be repaid with the addition of

interest at 4% per year calculated from the day paid.
Subsection 4. In cases in which the betterment charge has not been paid
because the payment is under forbearance, the amount forborne shall be
forgiven. Half of the forbearance interest paid shall be paid without
changing the taxable income for previous years for the person who owned
the property at the time the amount forborne was forgiven. If the
betterment charge was paid after forbearance interest was paid, half the
forbearance interest shall be repaid to the owner of the property if this
owner is entitled to repayment of the charge pursuant to subsection 1 or 2.
Part 11
Expropriation, taking over property, etc.
§47. The municipal council may expropriate real property that is privately
owned or private rights to real property when the expropriation is
materially important in ensuring the implementation of urban development
in compliance with the municipal plan or in realizing a local plan or town
planning by-law.
Subsection 2. Expropriation of the title to real property cancels all rights to

the expropriated property unless specifically provided for otherwise.
Subsection 3. The provisions of §45 and §47–49 of the Public Roads Act
shall similarly apply to the implementation of expropriation.
§47a. An owner of real property that is used for agriculture, market

gardening, plant nursery or fruit orchards may, if the property in whole or
in part is transferred from a rural zone to an urban zone or summer cottage
area, within four years after the transfer, demand that the municipality
assume ownership of the property or the part of it transferred for an
amount to be determined by the valuation authorities pursuant to the same
rules that apply to the expropriation of property pursuant to §47 and §50,
cf., however, subsection 2.
Subsection 2. For properties transferred from a rural zone to an urban zone

or summer cottage area before 1 January 2004, the final amount shall be
determined pursuant to the previous provision in §2, subsection 1 in the
Betterment Charge Act, cf. Consolidated Act No. 577 of 7 July 2002.
Subsection 3. The provisions of subsections 1 and 2 shall solely apply if the

property, at the time the owner demands that the municipality assume
ownership of the property, is still being used for agriculture, market
gardening, plant nursery or fruit orchards.
§48. When a local plan or a town planning by-law reserves a property for
public use, the owner may demand that the municipality assume ownership
of the property and pay compensation.
Subsection 2. When a local plan or a town planning by-law reserves part of

a property for public use, the owner may demand that the municipality take
over this part of the property and pay compensation. If the remaining part
of the property cannot reasonably be used as an independent property, the
owner may demand that the municipality take over the entire property.
Subsection 3. The municipality, however, shall only be required to take over

the property in accordance with subsection 1 and subsection 2, point 1 if the
particular lot cannot be used in an economically reasonable way in
accordance with the actual use of neighbouring properties.
§49. When a local plan or a town planning by-law prohibits a building from
being demolished without a permit from the municipal council, and such a
permit is refused, the owner may demand that the municipality take over
the property and pay compensation.
Subsection 2. The municipality, however, shall only be required to take over

the property in accordance with subsection 1 if there is a substantial
disparity between the profit yield of the property and that of properties
similarly located and used that are not prohibited from being demolished.
Subsection 3. The provisions of subsections 1 and 2 shall apply similarly to

properties that are entirely or partly subject to a ban on major construction
projects, cf. §15, subsection 2, no. 19.
§50. The valuation authorities, pursuant to the Public Roads Act, shall
determine the compensation for expropriation in accordance with §47, for
assumption of ownership in accordance with §47a and for transfer in
accordance with §46. These authorities shall also determine whether claims
are justified in accordance with §48 and §49.
Subsection 2. The provisions of §51–56 and §59–67 in the Public Roads Act
shall apply similarly to the procedure followed by the valuation authorities
and to determining and paying compensation, etc.
Part 12
Supervision
§51. The municipal council shall ensure compliance with this Act, the rules
established in accordance with this Act and the provisions of local plans
and the by-laws and plans, etc. in force in accordance with §68, subsection
2, cf., however, subsection 2.
Subsection 2. The Minister for the Environment shall ensure compliance

with §11g and rules established in accordance with §11g, subsection 4 and
§11h to administer §11g for projects for which the competence has been
assigned to the Minister in rules issued pursuant to §11i, subsection 1.

Subsection 3. The municipal council shall notify the Minister for the
Environment when the municipal council becomes aware of an illegal
situation in cases in which the Minister for the Environment is the
supervisory authority in accordance with subsection 2.
Subsection 4. The supervisory authority shall ensure that orders and bans
in accordance with this law are complied with, and that the conditions
established in permits, exemptions, etc. are met.
Subsection 5. The supervisory authority shall bring about the rectification

of a situation in violation of the law such that it conforms to the law, unless
the situation is of minor importance.
§51a. Each year on 1 October the municipal council shall order every
person who is registered in the Civil Registration System as being domiciled
in a dwelling in a summer cottage area that the person cannot lawfully use
for permanent residence, cf. §40 and §41, to carry out the following within
14 days from the communication of the order:
1) to change domicile; and

2) to document this change of domicile to the municipal council.
Subsection 2. The municipal council shall communicate similar orders to

every person who becomes registered in the Civil Registration System from
1 October until 1 March as being domiciled in a dwelling in a summer
cottage area that the person cannot lawfully use for permanent residence,
cf. §40 and §41. Orders pursuant to point 1 shall be communicated no more
than 14 days after the person’s domicile has been registered in the Civil
Registration System.
Subsection 3. The municipal council shall register orders communicated

pursuant to subsections 1 and 2 in the Civil Registration System
simultaneously with the communication of the order and shall delete this
registration when the order has been complied with and the person is
registered in the Civil Registration System as having another domicile. The
Minister for the Interior shall establish more detailed rules for this
registration.
Subsection 4. If an order pursuant to subsection 1 or 2 is not complied with

within the time specified, the municipal council shall immediately ask the
police to bring charges.
Subsection 5. If an order pursuant to subsection 1 or 2 is not complied with

within the time specified, the municipal council shall also impose a fine for
each day of non-compliance. If the person concerned still does not comply
with the order, the public debt collection authority shall collect the fines.
The net unpaid fines shall be collected at least every 4 weeks and, for the
first time, at most 4 weeks after the fines began to be imposed. The
municipality concerned shall keep the revenue collected. The authorities
may distrain for the fines.
Part 13
Administrative provisions, etc.
§52. The Minister for the Environment shall assist the regional councils
and municipal councils with guidance in accordance with this Act.
Subsection 2. The Minister for the Environment may establish expert

committees to advise the authorities on issues concerning spatial planning.
Subsection 3. The Minister for the Environment may empower an agency or

similar institution established as part of the Ministry to exercise the powers
conferred on the Minister by this Act.

governing the right to appeal rulings made based on the authority conferred
in accordance with subsection 3, including rules stipulating that such
rulings may not be appealed to the Minister.
Subsection 5. The Minister for the Environment may further establish rules
governing the exercise of the powers another state authority, after
negotiations with the relevant minister, is empowered to exercise pursuant
to subsection 3.
§53. The Government may enter into agreements with foreign states on
common measures to fulfil the purpose of this Act.
Subsection 2. The Minister for the Environment shall establish rules to

comply with international agreements entered into in accordance with
subsection 1.
§54. The Minister for the Environment may establish rules governing fees
to cover the authorities’ expenses for administration or supervision in
accordance with this Act. The authorities may distrain for fees.
§54a. The Minister for the Environment may establish rules governing the
opportunities for using digital communication within the field governed by
this Act and on the more specific conditions for this.
§54b. The Minister for the Environment shall create a nationwide digital
registry that shall contain information on plans produced pursuant to this
Act. The registry shall further contain information on the plans specified in
subsection 6. The operations, form and location of the registry shall be
determined pursuant to negotiations with the municipal parties.

stipulating that the municipal council shall submit information digitally to
the registry on proposals for and finally adopted local plans and on
proposals for and finally adopted frameworks of municipal plans governing
the content of local plans.

stipulating that the municipal council shall submit information digitally to
the registry on other topics in municipal plans.
Subsection 4. The registry shall be accessible to the public, and the use of
the registry shall not be subjected to user charges.

governing the submission and reporting of plans and plan proposals etc. to
the registry in a digital form by the municipal councils, including rules
governing technical standards etc.

stipulating that urban development plans, building by-laws, local plans and
frameworks of municipal plans governing the content of local plans,
including information on zoning status, that are adopted in final form
before 15 September 2006 shall be reported in digital form to the registry
by a specific date. The Minister for the Environment may further establish
rules stipulating that the following plans etc. in accordance with the
previous building and urban planning legislation shall be reported in digital
form to the registry by a specific date to the extent that they are valid: field
plans, regulation plans, implementation plans, plans for the exchange of
real property, decisions banning construction in an area and decisions
conserving the external appearance of buildings.
Subsection 7. The Minister for the Environment shall establish rules that
ensure cohesion between the digital registry and the land registry in
connection with changes related to the land registry related to properties
governed by a local plan, including rules governing technical standards etc.
§55. Conditions associated with a permit or an exemption in accordance

with this Act and provisions in accordance with §37, subsection 2 shall be
binding for owners and other holders of property rights, regardless of when
this right was created. The municipal council shall cause conditions of
enduring interest to be registered in the land registry at the owner’s
expense. The authorities may distrain for this expense.
§56. A permit or exemption in accordance with this Act shall lapse if it is

not used within three years after it is granted.
Subsection 2. A previous right to use a property in a way that contradicts

§38a, a local plan or a plan in force in accordance with §68, subsection 2, or
that would require a permit or exemption in accordance with this law, shall
lapse if the right has not been used for three consecutive years.
§57. The employees of the Ministry of the Environment and the municipal
council and persons empowered by these authorities shall have the right of
access, without a court order, to any property to carry out their supervisory
duties, cf. §51, and, after prior notification of the owner or user, to conduct
preliminary technical investigations towards the preparation of decisions to
be made in accordance with this Act.
Subsection 2. The authorities demanding such access shall present proof of

identity on request.
Subsection 3. The police shall provide the necessary assistance in obtaining

the access specified in subsection 1.

§57a. The Minister for the Environment may require the regional councils
and municipal councils to produce the information necessary to carry out
national planning and information necessary to ensure a comprehensive
overview of spatial development in Greater Copenhagen, cf. §51, subsection
2. The information may be required to be provided in a specific manner.
Subsection 2. At the request of the Minister for the Environment, the

regional council or the municipal council, public authorities,
concessionaires and similar companies shall provide the information that is
necessary for national planning, the regional spatial development plan and
municipal planning, respectively.
Subsection 3. Public authorities, concessionaires and similar companies

shall provide information to the Minister for the Environment on the
preparation and implementation of investigations, planning and major
development projects that may be of importance to national planning.
Subsection 4. The municipal council shall be given the opportunity to

comment before a state authority, concessionaire or similar company takes
a decision on the location or implementation of major development
projects or institutions within the municipality.
Subsection 5. At the request of the Minister for the Environment or the

municipal council, private companies shall provide the information and
carry out the investigations necessary to assess the environmental effects
when they are considering carrying out the projects governed by §11g.
Part 14
Appeals and legal proceedings
§58. The following may be appealed to the Nature Protection Board of

Appeal, which was established pursuant to the Protection of Nature Act:
1) the decisions of the municipal councils pursuant to §35, subsection 1;

2) the decisions of the municipal councils pursuant to §47, subsection 1;
3) the decisions of the municipal council and the Minister for the
Environment on permits issued in accordance with the rules established
by the Minister for the Environment pursuant to §11g, subsection 4;
4) the decisions of the regional councils and municipal councils on other
matters subject to this Act in respect of legal questions, cf., however,
subsection 2.
5) the decisions of the Minister for the Environment on other matters in
cases in which the Minister has assumed the obligations and powers of
the municipal council pursuant to rules established in accordance with
§11, subsection 1 in respect of legal questions.
Subsection 2. The adoption by the municipal council of a municipal plan or

a local plan may not be appealed to any other administrative authority in
respect of the question of whether the plan contradicts the desired future
spatial development specified in the regional spatial development plan, cf.
§11, subsection 4, no. 1.
Subsection 3. The chairperson of the Nature Protection Board of Appeal

may render rulings on behalf of the Board in matters that are not
considered to have very significant interest in relation to the purpose of the
Act.
Subsection 4. The rulings of the Nature Protection Board of Appeal may not
be appealed to any other administrative authority.
§58a. The decisions of associations pursuant to §21, subsection 1 may be

appealed to the municipal council.
§58b. Objections related to development agreements, cf. §21b, may not be

appealed to any other administrative authority.
§59. The Minister for the Environment and anyone else with a legal
interest in the outcome of the case, including a national park fund created
pursuant to the National Parks Act, shall have the right to appeal decisions
in accordance with §58.
Subsection 2. Nationwide associations and organizations the main purpose

of which is the protection of nature and the environment or the promotion
of important users’ interests within land use shall have the right to appeal
decisions in accordance with §58, subsection 1, no. 1, 3, 4 and 5 on the
condition that:
1) the association or organization has articles of association that
document its purpose; and
2) the association or organization represents at least 100 members.
§60. The appeal shall be submitted within four weeks after the decision is
communicated. If the decision is publicly announced, however, the time
limit for appeal shall always be calculated from the time of public
announcement. If the decision is made indirectly and thus is not
communicated or publicly announced, the time limit shall be calculated
from the time the appellant becomes aware of the ruling. If the time limit
for appeal expires on a Saturday or public holiday, the time limit shall be
extended to the following weekday.
Subsection 2. Appeals in accordance with §58, subsection 1, no. 1 shall be

submitted to the municipal council. The municipal council shall send the
appeal to the Nature Protection Board of Appeal, accompanied by the
appealed ruling and the material that formed the basis for the ruling. Other
appeals shall be submitted to the Nature Protection Board of Appeal.
Subsection 3. If an appeal is submitted in due time in accordance with §58,

subsection 1, no. 3, 4 and 5, the Nature Protection Board of Appeal may
decide that a permit granted by the municipal council or the Minister for
the Environment shall not be used or that an order shall not be complied
with. If a development project has been started, the Board may demand
that it be stopped.
Subsection 4. A permit granted pursuant to §35, subsection 1 may not be

taken into use until the expiry of the time limit for appeal. Appeals
submitted in due time in accordance with §58, subsection 1, no. 1 and 2
shall stay the appealed decision, unless the Nature Protection Board of
Appeal decides otherwise.
Subsection 5. The Nature Protection Board of Appeal shall ensure that the
person who received a permit is notified of the appeal. When the appeal is
submitted to the municipal council, the municipal council shall
immediately notify the person who has received a permit about the appeal.
§61. When it is consistent with planning considerations and considerations

of public participation in planning, the Nature Protection Board of Appeal,
in connection with a ruling on an appeal in accordance with §58, subsection
1, may dispense with the rules governing permits granted pursuant to §35,
subsection 1, local plans and exemptions if the appeal concerns a measure
that has been implemented.
§62. Legal proceedings to challenge rulings on matters subject to this Act

shall be instituted within six months after the ruling or decision is
communicated. For rulings that are publicly announced, the time limit for
instituting legal proceedings shall be calculated from the time of public
announcement.
Subsection 2. Legal proceedings to challenge decisions made by an

association in accordance with authority delegated by the municipal
council, cf. §21, subsection 1, may not be instituted before the right to
appeal to the municipal council in accordance with §58a has been
exercised.
Subsection 3. Infringement of the provisions of a local plan or one of the

by-laws or plans, etc. in force in accordance with §68, subsection 2 may be
prosecuted as a civil suit against the person who has committed the
infringement or is responsible for the continuation of the illegal situation.
This shall not apply, however, to legal proceedings on legalization of a
situation if exemption is granted in accordance with the stipulations in §19
or §40.
Subsection 4. Matters that may be brought before the valuation authorities,

cf. §50, may not be brought before the courts until the appellate valuation
commission has reached a decision.
Part 15
Legalization and penalties
§63. The current owner of a property shall be responsible for rectifying an

illegal situation. If the infringement comprises illegal use of the property,
the user shall also be subject to the same responsibility.
Subsection 2. The authorities specified in §51 may cause an order to rectify

an illegal situation to be registered in the land registry at the owner’s
expense. When this situation is rectified, the authority concerned shall
cause the order to be removed from the land registry.
Subsection 3. If an order served by judgement to rectify an illegal situation

is not obeyed within the time limit established by the judgement, and
collection of fines cannot be expected to lead to compliance with the order,
the authority concerned may rectify the illegal situation at the owner’s
expense. The authority may distrain for this expense.
§63a. The public debt collection authority may collect unpaid amounts
pursuant to §54, §55 and §63 owed to the public sector by withholding
wages etc. pursuant to the rules for collecting personal taxes specified by
the Withholding Tax Act.
Subsection 2. The public debt collection authority may forgive debts

pursuant to §54, §55 and §63 in accordance with the rules in the Tax
Collection Act.
§64. Unless a higher penalty is applicable in accordance with other

legislation, a fine shall be imposed on anyone who:
1) infringes the provisions of a local plan or one of the by-laws or plans,

etc. in force in accordance with §68, subsection 2;
2) infringes §35, subsection 1, §39 or §40, subsection 1;
3) does not comply with conditions associated with a permit or exemption,
etc. granted in accordance with this Act or with the instructions or plans
prepared in accordance with this Act, or does not comply with the
stipulations of the municipal council in accordance with §37, subsection
2; or
4) fails to comply with an order or a ban issued in accordance with this Act
or the instructions or plans prepared in accordance with this Act,
including an order to rectify an illegal situation.
Subsection 2. Fines may be imposed for the violation of the provisions of

rules established pursuant to §11g, subsection 4.
Subsection 3. Companies and the like (legal persons) may be penalized in

accordance with the rules of Part 5 of the Criminal Justice Act.
Part 16
Provisions governing entering into force and
transitional measures
§65. This Act shall enter into force on 1 January 1992. §41, however, shall
enter into force on 1 October 1991. §67, subsection 1, no. 5 shall enter into
force when the Minister for the Environment promulgates the repeal of §3,
subsection 3 on the establishment of the board on the obligation to offer
certain land for sale to the municipality in Act No. 328 of 18 June 1969 on
the obligation to offer certain land for sale to the municipality before
putting it on the market.
§66. Cases brought before the Minister for the Environment, the National
Agency for Physical Planning, the Environmental Appeals Board or the
board on the obligation to offer certain land for sale to the municipality
before this Act comes into force shall be completed in accordance with the
previously applicable rules. The same applies to plan proposals if the
proposal is published before 1 January 1992. Plan proposals may, however,
be completed in accordance with the previously applicable rules if the
proposal is published before 1 July 1992.
§67. When this Act enters into force, the following shall hereby be
repealed:
1) the National and Regional Planning Act, cf. Consolidated Act No. 921
of 22 December 1989;
2) the Municipal Planning Act, cf. Consolidated Act No. 918 of 22
December 1989;
3) the Urban and Rural Zones Act, cf. Consolidated Act No. 919 of 22
December 1989;
4) Act No. 123 of 1 April 1980 on expropriation for urban development;
5) Act No. 328 of 18 June 1969 on the obligation to offer to sell large
properties in an urban zone to the municipality before putting them on
the market;
6) Act No. 305 of 30 June 1922 on certain provisions on the sale of lots;
7) Part 2 and §12, subsection 3 of the Act on Summer Cottages and
Camping, etc., cf. Consolidated Act No. 920 of 22 December 1989;
8) §2 and §3 of Act No. 207 of 25 May 1983 on amendments to the Act on
Summer Cottages and Camping, etc.;
9) §24, subsection 1, no. 1 and 2, subsections 3 and 5, §27, §28a, §28b,
§28c, §28d and §28f, subsection 1, no. 1 and 2 and subsection 3 of the
Act on Municipal Experimentation, cf. Consolidated Act No. 571 of 8
August 1990.
Subsection 2. When the Act enters into force, the following changes shall be
effected:
1) In §7, subsection 1 of the Act on taxation of profit from sale of real
property, cf. Consolidated Act No. 558 of 16 September 1988, as last
amended by Act No. 386 of 13 June 1990, the Municipal Planning Act
shall be changed to the Planning Act.
2) In §8A of the Betterment Charge Act, cf. Consolidated Act No. 441 of
26 September 1985, as last amended by Act No. 138 of 7 March 1990,
§2A of the Urban and Rural Zones Act shall be changed to §45 of the
Planning Act.
3) In §4A and §14, subsection 5 of the Valuation of Real Property Act, cf.
Consolidated Act No. 437 of 14 August 1984, as last amended by Act
No. 59 of 7 February 1990, the Urban and Rural Zones Act shall be
changed to the Planning Act.
§68. Regional, municipal and local plans that are produced in accordance
with the previous planning acts shall remain in force until they are
amended in accordance with the stipulations in this Act.
Subsection 2. The following plans, etc. in accordance with the previous

building and town planning legislation shall lapse to the extent that they
are irreconcilable with a local plan, and may also be repealed by the
provisions of a local plan: town planning by-laws, field plans, regulation
plans, implementation plans, plans for the exchange of real property,
decisions banning construction in an area and decisions preserving the
external appearance of buildings.
§69. Announcements, circulars and guidelines in accordance with previous

planning legislation, cf. §67, subsection 1, no. 1–8, shall remain in force
until they are repealed or replaced by instructions in accordance with this
Act.
Subsection 2. Regulations on municipal experimentation that have been

approved in accordance with the provisions mentioned in §67, subsection 1,
no. 9 shall continue to apply until the end of 1993.
§70. This Act shall not apply to the Faroe Islands and Greenland.

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The Planning Act in Denmark

Consolidated Act No. 813 of 21 June 2007

1 Planning Act oktober 24, 2007

For further information, contact

Quotations may be made from this publication with appropriate attribution.

2 Planning Act oktober 24, 2007

People use planning to form the surroundings of daily life.

Planning requires a legal basis.

3 Planning Act oktober 24, 2007

Subsection 2. This Act especially aims towards:

1) appropriate development in the whole country and in the individual

1 This Act contains provisions that implement parts of European

Subsection 3. The national planning report, cf. subsection 2, shall

§3. To ensure the protection of national planning interests, including

Subsection 3. In special circumstances, the Minister for the Environment

Subsection 4. In special circumstances, the Minister for the Environment

Subsection 2. When a pilot project that includes an exemption from the

§5a. The country’s coastal areas shall be kept as free as possible of

Subsection 4. The provisions of §11f, subsections 1, 2 and 4 and §16,

7 Planning Act oktober 24, 2007

1) It is prohibited to transfer land to an urban zone or to conduct planning

Subsection 2. The Minister for the Environment may establish rules in

Subsection 3. The requirements of subsection 2 on the location of new

§5h. Pursuant to this Act, Greater Copenhagen shall include the

§5i. Municipal planning in Greater Copenhagen shall be carried out based

Subsection 2. The Minister for the Environment shall make available

§5j. Municipal planning in Greater Copenhagen shall ensure that:

1) urban development and urban regeneration in the core urban region

Subsection 2. The Minister for the Environment shall establish rules

9 Planning Act oktober 24, 2007

Subsection 3. Municipal planning in Greater Copenhagen shall ensure

Subsection 4. The Minister for the Environment shall establish rules

§5k. The regional spatial development plans that cover Greater

§5l. Planning shall:

1) promote a diverse supply of retail shops in small and medium-sized

10 Planning Act oktober 24, 2007

Subsection 3. The existing delimitation of town centres and district centres

Subsection 4. For Greater Copenhagen, the Minister for the Environment

§5n. Outside town centres and district centres, it shall be permitted:

Subsection 2. In shops that sell lumber and construction materials, cf.

§5o. In connection with petrol stations, railroad stations, airports,

Subsection 2. In a local centre, the maximum total gross floor space

Subsection 3. In a secondary centre, the maximum total gross floor space

§5q. In town centres, district centres and secondary centres, it shall be

Subsection 2. In town centres in towns with more than 40,000 inhabitants

Subsection 2. Existing shops that were established legally may be part of

13 Planning Act oktober 24, 2007

§10a. Each administrative region shall have a regional spatial development

Subsection 2. It is prohibited for the regional spatial development plan to

Subsection 3. Based on comprehensive assessment, the regional spatial

Subsection 4. The regional spatial development plan shall describe:

Subsection 5. The regional spatial development plan shall contain a map

Subsection 6. To the extent that this is possible pursuant to other

§10b. The Bornholm Municipal Council shall prepare a regional spatial

Subsection 2. The Bornholm Municipal Council may, however, no more

15 Planning Act oktober 24, 2007

Subsection 2. Based on an overall assessment of development in the

1) a general structure that outlines the overall objectives for development

Subsection 4. The municipal plan shall not contradict: