The Planning Act, popularly known as the Planning Act, is a Danish law that sets out the basic rules that public authorities must follow in the overall planning of land use in Denmark.
The Planning Act contains a large number of provisions regulating use and development, which, together with the more detailed rules in the building legislation, including in particular the Building Act and associated building regulations, provide the central framework for the use of land and legal development of these. There is often a close interaction between the rules in the Planning Act and the Building Act when public authorities need to grant permission for or assess the legality of new buildings, changes to existing buildings and the use of real estate. The rules are quite complex and can be difficult to understand. The complexity has not diminished over the years, and unless it is a small construction project, private individuals, businesses and companies will increasingly need legal, technical and financial advice in connection with planning, design and construction. planning, design and construction of new buildings or changes to existing buildings.
There is an increasing tendency for neighbors and interest groups to be involved, affected or perhaps even parties in planning and building law cases, and therefore have an independent need for legal and technical advice in order to safeguard their own interests. Sometimes it can be difficult to determine whether a natural or legal person has the status of a party or is entitled to appeal in cases covered by planning and building legislation, and thus possesses the necessary legal interest as a basis for being a party in court proceedings or appeal proceedings, e.g. at the Building Complaints Unit.
In specific court cases and complaints, the general rules of administrative law on case information, consultation, complaint guidance, impartiality, access to documents, misuse of power, equality, discretion under the rule, objectivity and proportionality play a significant role in the decision of cases. The requirements and need for knowledge of these unwritten legal principles developed in case law have therefore never been greater.
It often happens that registered private property encumbrances are overlooked in planning and construction law cases, and may therefore prove to limit or even prevent the intended use of a property. It is therefore crucial that property owners are aware of such rights and, as early as possible in a project development or planning phase, focus on which property encumbrances are registered on the property that is subject to development or construction and what significance these have. In this context, it will be relevant to seek legal assistance.
At CLEMENS, we advise a significant number of private and public companies, including private investors, investment companies, real estate funds, public housing organizations, project developers, associations, etc. but also private property owners, on property law matters in a broad sense, including in particular planning and construction law issues and the impact these have on the use of a property, but also the limitations this may entail. Through this, we have accumulated extensive experience and knowledge of the legal field, including how different types of property burdens should be understood, interpreted and handled in practice, which creates value for our clients.
We can advise on and help with, among other things:
Planret
- Providing local plans.
- The understanding and scope of local plans.
- Exemption from local plans.
- Validity of local plans.
- Objections against local plan proposals.
- Preserving local plans.
- Prohibition cases under sections 12 and 14 of the Planning Act.
- Injunctions.
- Compensation cases.
- Cases of legal and/or physical legalization of construction.
- To represent property owners, rights holders and others with a legal interest in legal proceedings before the courts and complaints before administrative complaints boards, including the Construction Complaints Unit.
Construction law
- Applications, permits, exemptions, dispensations according to the Building Act.
- Clarification of the construction concept, construction law and holistic assessment in construction law.
- Supervision, enforcement, legal and/or physical legalization of construction, and penalties.
- Injunctions and bans.
- To represent property owners, rights holders and others with a legal interest in legal proceedings before the courts and complaints before administrative complaints boards, including the Construction Complaints Unit.
- Commissioning permit.
- Clarification of requirements for taking out building damage insurance and registration of easement for exemption from taking out such insurance.