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Acquisition of all-year dwellings in Denmark

In the acquisition of an all-year dwelling in Denmark, the rules that apply will depend on the prospective buyer's nationality.

 

Nationals of EU or EEA Member States

Nationals of a country that is a Member State of the European Union or nationals of a country that has acceded to the Agreement on the European Economic Area may acquire an all-year dwelling in Denmark without obtaining permission from the Department of Civil Affairs if the provisions of the Acquisition of Real Property Executive Order are met.

According to section 3 of the Acquisition Executive Order, it is a requirement that the property will serve as a necessary all-year dwelling for the acquirer or that the acquisition is a precondition for engaging in self-employed activities or providing services.

If the buyer is entitled, according to the provisions of the Acquisition Executive Order, to acquire an all-year dwelling without obtaining permission from the Department of Civil Affairs, the buyer must make a declaration to the Land Registration Court stating that he/she is covered by either section 1 or 2 of the Executive Order and that the purpose of the acquisition is as described in section 3. Thus, the matter must not be submitted to the Department of Civil Affairs.

Nationals of a country that is a Member State of the European Union or nationals of a country that has acceded to the Agreement on the European Economic Area, who wish to acquire an all-year dwelling before moving to Denmark, may only acquire title to real property in Denmark after having obtained permission from the Department of Civil Affairs.

 

Nationals of other countries

If the buyer is not covered by the provisions of the Acquisition Executive Order, the buyer must obtain permission from the Department of Civil Affairs pursuant to section 1(1) of the Acquisition of Real Property Act, if the buyer is not resident in Denmark and has not previously been so for a period of five years.

In order to consider an application for permission to acquire an all-year dwelling in Denmark, the Department of Civil Affairs needs the following:

  • A copy of the contract of sale or the particulars of sale and information about the expected date of transfer,
  • a copy of the applicant's residence permit, and
  • a statement to the effect that the property will be used as the applicant's all-year dwelling
  • a copy of the applicant's passport (only if the applicant are an EU- or EEA-Citizen living outside of Denmark when applying).

When the Department of Civil Affairs has received all the information necessary for considering an application for permission to acquire an all-year dwelling, the expected case processing time is usually about four weeks.

According to the current practice of the Department of Civil Affairs permission to acquire an all-year dwelling will be granted on the condition that the applicant has lawful residence in Denmark and uses the property as his/her all-year dwelling.

 

Order to dispose of a property

If the requirements for the granted permission to acquire real property are no longer satisfied, or if a property is acquired without the necessary permission having been obtained, the Department of Civil Affairs will impose an order on the owner under section 8 of the Acquisition of Real Property Act to dispose of the property within a time limit set by the Department of Civil Affairs of at least six months and not more than one year. It is not possible to extend the time limit beyond one year.

An owner who does not comply with an order to dispose of a property will be punished with a fine as prescribed by section 10(2) of the Acquisition of Real Property Act.