Local plans and building regulations: what can you change about the home?

But space on the plot is not the same as permission to build.

Before you buy a home because of its potential, you need to look into the rules that come with the address. The local plan (lokalplan), easements (servitutter), the Danish building regulations (bygningsreglementet) and the municipality's building case files can each affect what you are allowed to change.

The short answer is therefore: put your specific plans down on paper, find the rules for the address, and have the municipality or a relevant professional clarify anything you cannot interpret with confidence yourself.

In brief

• An adopted local plan is legally binding on the properties in the area.^[1]
• A municipal plan (kommuneplan) and a local plan are not the same thing.
• A draft local plan (lokalplanforslag) is not a finally adopted plan.
• Easements can restrict your right to use the property alongside the local plan.
• The building regulations still apply, even if the local plan does not mention your project.
• Building work that does not require a building permit (byggetilladelse) must still comply with the other rules.
• The Danish Building and Housing Register, BBR (Bygnings- og Boligregistret), shows registered information, but is not in itself documentation that a building is lawful.
• Your neighbour's extension is no promise that you can get permission for the same.
• A dispensation is a possibility that the municipality assesses. It cannot be taken for granted.

The rules come in several layers

When you want to change a property, several sets of rules can apply at the same time:

1. Local plan or older town planning by-law (byplanvedtægt)
2. Municipal plan and zoning status
3. Registered easements and other rights
4. The building regulations
5. Municipal permits and the specific building case

There may also be rules on nature protection, listed or protected status (fredning), coastal areas, forests, road building lines, contamination, heating supply and the owners' association (ejerforening).

A project can therefore fit within the general framework of the building regulations and still conflict with the local plan or an easement.

What is a local plan?

A local plan is the municipality's detailed plan for a defined area.

It can regulate:

• What the area may be used for
• How much may be built
• Siting and height
• Distance to the boundary and the road
• Roof shape
• Facade materials and colours
• Conservation considerations
• Fences and planting
• Roads and parking
• Subdivision of plots
• Shared areas

Boligejer.dk describes the local plan as legally binding on landowners.^[1]

This does not necessarily mean that lawful existing use must stop when a new local plan is adopted. But new building work, a change of use and other future changes must, as a starting point, fit the plan or require a dispensation.

Find both the current plan and drafts under consultation

On Plandata.dk you can search for the address and see current local plans and planning provisions.

Also check:

• Draft local plans
• Municipal plan framework provisions (kommuneplanrammer)
• Zoning status
• Plans under public consultation
• Whether the address lies in more than one sub-area

A draft under consultation is not a final rule. It can be changed or dropped, but it tells you which direction the municipality is working in.

Do not just read the plan's title. Find the map annexes and the sub-area in which the specific property lies. The rules can vary within the same local plan.

The municipal plan is not a local plan

The municipal plan describes the municipality's overall development and the framework for land use.

Among other things, it can show:

• What use an area is designated for
• The overall framework for building
• Future urban development areas
• Infrastructure
• Business and housing

The municipal plan's framework can be important for the direction of the area, but it does not work in the same way as a detailed local plan.

If there is no local plan, this does not mean that the municipal plan's framework alone gives you the right to build. The building regulations, easements, zoning status and other legislation still apply, and the project may require the municipality's assessment.

What is an easement?

An easement (servitut) is a right or restriction attached to the property.

Among other things, it can concern:

• Right of way
• Utility lines and cables
• Building lines
• Right of first refusal
• Fences and planting
• Siting of buildings
• Materials
• Subdivision of plots
• Shared facilities

Boligejer.dk describes an easement as a restriction on the right to use real property.^[2]

The land register (tingbogen) shows an overview, but the heading rarely tells you enough. You need to read the actual document.

Be aware that public law rules can apply without appearing as an ordinary registered easement. For example, local plans adopted after the land register was digitised in 2009 are no longer registered in the same way.^[2]

The building regulations apply across the whole country

The building regulations set requirements for building work, including on:

• Fire safety
• Structures
• Health
• Energy
• Indoor climate
• Accessibility
• Distance and height
• Technical installations

The municipality processes building cases under the building regulations. Borger.dk also stresses that in certain areas the municipality may have stricter or different rules through a local plan.^[3]

That is why reading one source is not enough.

When is a building permit required?

New building work often requires a building permit, but there are exceptions.

According to the guidance to the building regulations, secondary buildings (sekundær bebyggelse) with a total area of no more than 50 m² can in certain cases be built without applying for a building permit, provided the building regulations, the building rights and other legislation are complied with.^[4]

Secondary buildings can, for example, be:

• Garage
• Carport
• Outbuilding
• Greenhouse
• Covered area

The exemption is not a free pass.

The project must still fit:

• The local plan
• Easements
• Plot ratio (bebyggelsesprocent)
• Distances and heights
• Fire safety requirements
• Nature and environmental rules
• Any rules in an owners' association or homeowners' association (grundejerforening)

Rules and calculations depend on the type of property and the project. So check the current version of the building regulations and get the municipality's clarification if in doubt.

Byg og Miljø and the municipality's building case

An application for a building permit is submitted digitally to the municipality via Byg og Miljø (the national building and environment portal). The municipality processes the case and can also decide on any dispensation.^[3]

Among other things, the municipality may ask for:

• Drawings
• Site plan
• Area calculations
• Description of use
• Information on structures
• Documentation of technical requirements
• Grounds for a dispensation

Processing times vary between municipalities and projects. Scope, neighbour consultation and missing material can affect the process.

If buying the home depends on a particular project, ask for a specific preliminary dialogue or written clarification. A general answer over the phone is not the same as a building permit.

BBR and the building case archive

BBR shows the registered information about buildings and homes.

Compare BBR with:

• The actual property
• Floor plans
• Building permits
• Occupancy permits (ibrugtagningstilladelser)
• The municipality's building case archive

Borger.dk gives access to the municipalities' digital building case archives, where available documents can be downloaded.^[5]

Boligejer.dk also explains that the building case file can contain drawings, building permits and occupancy permits.^[6]

A building can appear in BBR without all permits and matters having been clarified. Conversely, older lawful buildings can have documentation that looks different from a modern building case.

Existing buildings on the property

Check whether any extension, conservatory, basement rooms, garage and outbuildings match:

• BBR
• Approved drawings
• Building permit
• Permitted use
• Local plan and easements

Ask questions in particular if:

• The floor areas do not match
• An outbuilding is used as living space
• A basement is marketed as ordinary living space
• A wall or load-bearing structure has been altered
• Drawings are missing for an extension
• The seller cannot explain when the work was carried out

It is not possible to determine whether something is lawful from its appearance alone.

If the matter is important for the purchase, it should be clarified before you take on responsibility as the owner.

Extensions and extra rooms

An extension affects, among other things:

• Plot ratio
• Distance to the boundary
• Height
• Fire safety
• Energy performance
• Structures
• Daylight and indoor climate
• Sewerage and rainwater

Start by describing the project in concrete terms:

• How many square metres?
• What will the room be used for?
• Where will it be placed?
• What height and roof shape?
• Will installations need to be moved?

Then hold your wishes up against the local plan, easements and the building case.

A vague idea of more space is hard for the municipality to assess. A simple sketch and a specific use make the question clearer.

Carport, garage, shed and outbuilding

Secondary buildings can be simpler than an extension, but several rules still apply.

Look into:

• The total area of existing secondary buildings
• Siting in relation to the boundary and the road
• Height
• Plot ratio
• Fire separation distances
• The local plan's requirements for materials and siting
• Easements and building lines

It is the project as a whole and the existing buildings that need to be understood. You cannot always tell whether a permit is required just by looking at the size of the new shed.

Roof, facade, windows and solar panels

Changes that look cosmetic can be regulated.

This applies in particular in areas with:

• A conservation local plan
• Listed or protected status
• Uniform architecture
• An owners' association
• Special requirements for roofs and facades

The local plan can set requirements for:

• Roofing material
• Roof pitch
• Colours
• Window types
• Facade materials
• Placement of solar panels
• Dormers and roof terraces

With an owner-occupied flat (ejerlejlighed), the facade, roof and windows may also be common parts that require the association's approval.

Change of use

Changing the function of a room can take more than paint and furniture.

Examples:

• Outbuilding to home
• Basement to living space
• Garage to bedroom
• Home to business premises
• Loft to home

The guidance to the building regulations stresses that secondary buildings must not be used as living space, even if the building physically looks like a room someone could live in.^[4]

A change of use can trigger a requirement for a building permit and documentation of, among other things, fire safety, daylight, ventilation and structures.

Owner-occupied flats and the association

With an owner-occupied flat, you also need to look into:

• Articles of association
• House rules
• Minutes of general meetings
• Registered rights
• Which parts of the building are shared
• Requirements for approval by the board or the general meeting

Even if the municipality can approve a project, the association may have its own rules on facades, windows, balconies, roof terraces, ventilation and load-bearing walls.

Municipal permission and the association's approval are two separate tracks. One does not replace the other.

Dispensation

If a project does not fit the local plan, it may in some cases be possible to apply for a dispensation.

Among other things, the municipality assesses:

• Which provision you want to depart from
• Whether the change conflicts with the plan's principles
• The scope of the project
• The impact on the surroundings
• Whether neighbours need to be consulted

Being able to apply is not the same as being likely to get permission.

So do not buy the home on the assumption that the municipality will probably say yes.

How to look into a specific home

Step 1: Write down your plans

Make a list of the changes that matter for the purchase:

• Extension
• Carport
• Roof terrace
• New roof
• Altered facade
• Solar panels
• Letting
• Business use
• Merging or dividing

Step 2: Find the plans

Search for the address on Plandata.dk and find:

• Current local plan
• Sub-area
• Map annexes
• Municipal plan framework
• Drafts under consultation

Step 3: Read the easements

Look at the encumbrances in the land register and download the documents that may affect the project.

Step 4: Compare with existing buildings

Check BBR, the building case archive and approved drawings.

Step 5: Get the question clarified

Contact the municipality or a relevant professional with a specific description. If the answer is decisive for the purchase, ask for it in writing and clarify how much certainty the answer gives you.

Also read the guide on screening a home and red flags, so that planning matters become part of your overall document review.

Complete checklist

• Have you written down the specific changes you want?
• Have you found the current local plan?
• Have you found the right sub-area and map annex?
• Have you seen the municipal plan framework?
• Have you checked drafts under consultation?
• Have you read the relevant easements?
• Have you checked the zoning status?
• Does BBR match the actual property?
• Have you seen the building case archive and drawings?
• Are existing extensions and outbuildings documented?
• Does the project require a building permit?
• Are there rules from an owners' association or homeowners' association?
• Has the municipality or a professional clarified the decisive questions?

Common misunderstandings

There is no local plan, so I can build

No. The building regulations, easements, zoning status and other legislation still apply.

The neighbour has done the same

The neighbour's project may have been approved under different rules, have a dispensation or have been built at a different time. It may also be unresolved.

It is in BBR, so it is lawful

BBR is a register. Lawfulness requires an assessment of permits and rules.

The project does not require a building permit, so there are no rules

Building work without an application must still comply with the building regulations, the local plan, easements and other legislation.

I can always get a dispensation

No. The municipality assesses the specific application, and a project may conflict with the plan's principles.

The draft local plan will definitely be adopted

A draft can be changed or dropped during the process.

In short

Do not buy a building opportunity before you have checked that it exists.

Write down your plans. Find the local plan, the municipal plan framework and the easements. Compare BBR with the building case. Check the building regulations, and have the decisive questions clarified by the municipality or a relevant professional.

Also use the guide on researching the area before buying a home to see what the municipality is planning around the home.

BoligKlar gives you a second pair of eyes and an overview. The municipality and the relevant professionals decide the specific planning, legal and technical matters.

Frequently asked questions