Under the Planning Act, the City Council may expropriate private property if it is essential to achieve local planning goals. The municipal council will inspect the property with a minimum of four weeks notice to be expropriated. An expropriation procedure is subsequently initiated with a notice of the owners, users and others who have a cause of action at least four weeks to comment on the expropriation. The municipal council will provide the property owner with compensation. If the owner disagrees with the compensation offered, the valuation authorities can request compensation. The decision on compensation of the valuation authorities can be brought before the valuation committee. homes
If expropriation is to be carried out by, for example, the Danish Government in order to complete large-scale infrastructure projects, a construction law will usually be adopted for a project that sets the Expropriation Guidelines. The project authority will then ask the transport minister to conduct the expropriation. The Minister referred the case to an expropriation commission which, with a notice of at least four weeks, summoned the owners to inspect the properties. Once the commission decides on the scale of the expropriation, the owners are summoned to an inspection with a notice of at least four weeks. Following this inspection, the Commission will propose the compensation amount. If the owner disagrees, the committee decides on the compensation. The decision can be taken before the assessment committee.
What is the necessary expropriation notice period, and how is compensation calculated?
The period of notification required is at least eight weeks. In many cases, the landowner is even more notified. Compensation is calculated by the city council or the expropriation commissions in the case of expropriation. Decisions can be taken before an assessment committee.
Environmental problems
What environmental certifications are needed and how are they obtained for the development of the property?
For the development of the real estate, no environmental certifications as such are required.
The environmental requirements can be divided into planning, construction and business activities performed on the premises once they have been built. During the construction phase, the environmental requirements set out in the building licence, the local plans and legislation and regulations in general, including the preservation requirements and rules for the proper management of polluted soils, must be complied with.
Once the building is used, the nature of the company's activities determines which environmental certifications are required. If these activities are regulated by the Environmental Protection Act, the company concerned must obtain an environmental permit setting out the conditions for these activities. Another similar environmental legislation can also apply to a company in Denmark, which means that the public authorities can inspect the company's activities on the property, including pollution, emissions, noise and waste handling.
If the user of the property is not the owner of the property, the user is generally responsible for meeting the environmental requirements for business.
What environmental obligations do environmental disclosures apply to property sales?
The seller is usually required under Danish law to disclose loyally any matter of importance to the purchaser when deciding whether a purchase agreement is to be concluded. The seller must also loyally cooperate and answer any questions in the course of due diligence. It is enough for the seller to disclose documents to the buyer fairly, which can lead to these things during the due diligence of the buyer. The buyer must, on the other hand, conduct reasonable inquiries (caveat emptor).