THE BUILDING

ACT

Charlotte Juul
chsj@kea.dk
Legislation:

 Consolidated act no. 1185 of 14th October 2010

on buildings.

 Ministerial order no. 810 of 28th June 2010 on

building regulation (BR10) with amendments.
The purpose of the building act:

To secure buildings and houses are carried out and

made to satisfactory safety regarding fire, security
and health, cf.§1.

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Construction work must be in compliance with the
present legislation at the time of construction. New
rules in the future does not apply retrospective.

It is about the standard which buildings are

expected to meet at the time when the building is
being build.

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A framework act:

The building act is a framework act.

The detailed rules are to be found in the ministerial

orders e.g.:
 BR10 (cf. the building act §5)
 Insurance
 Building materials
 Asbestos

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Ministerial order no. 810 of 28th June 2010 contains
the building regulation BR10 which is a supplement
to the building act.

Ministerial order no. 1309 of 29th November 2010

contains adjustments to the building regulation. E.g.
concerning payment for handling of cases as regard
the application for a building permit.
BR10 and the local plan:

BR10 chapter 2.1.(2): chapter 2.1-2.7 if a local plan

have other provisions of the specific issues the local
plan overthrow BR10.
Procedural requirement e.g. the application for a
building permit, dispensation etc.

Requirements for the building, cf. BR10 chapter

2.1(2) which may be deviated from in case of the
local plan contains provisions that overrule them
(then the local plan is superior).

Standards for a buildings layout (design and

construction), accessibility, fire safety, insulation,
resistance to the passage of sound, indoor climate
etc. These regulations may not be disregarded.
Temporary use of an adjoining plot, BR10 1(11).

The city council may give an owner temporary

permission to use an adjoining plot in the following
circumstances:

I. When it is necessary to safeguard neighboring

plots, buildings, pipelines and cables in
connection with foundation works, excavations
or earthworks on the owners plot.
II. When it is necessary for an owner to carry out
building, repair or maintenance works on the
owners own property.
Use of an adjoining plot it is required that:

A) The use is temporarily and

B) It is used in such a way as to cause the least
possible inconvenience

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If a new building on a common boundary or the
alteration or removal of an existing building on a
boundary will oblige the neighbor to alter or remove
a structure on the boundary, the neighbor must be
given the opportunity to carry out the necessary
work before this is ruled out by the building work,
cf. BR10, 1(11).
The application for a building permit, cf.§16:

Permission = public control.

As a general rule: the work may not begin without

the permit of the city council, cf. BR10, chapter
1.3(1). (Exceptions: See BR10 chapter 1.5 and 1.6)
Requirements to the application - in brief:

 In writing, cf. BR10 chapter 1(3)2.

 Dated, cf. BR10 chapter 1(3)3.
 Signed by the owner, cf. BR10 chapter 1(3)3.
 A description of the work, cf. BR10 chapter 1(3)2
 Enclosure, cf. BR10 chapter 1(3)2
 Sent to the municipality, cf. BR10 chapter 1(3)2.
Agency:

“The application must be signed and dated by the

owner… In the absence of the owner’s signature,
whether manual or digital, other means of validating
the applicant’s right to carry out the work must be
produced.”, cf. BR10 chapter 1(3)3.
Agency with special identification:

A consultant can apply for a building permit on

behalf of the employer if he has a power of attorney.

 The principal (an owner)

 The agent (e.g. an architect)
 The third party (a municipality)
The building permit:

A permit may be granted after the municipality has

ensured that the application for a building permit is
in accordance with the plans and all the provisions
of other legislation governing the use of the land.
The owner still have to make sure the project is in
compliance with the other legislation.

Several partial building permits, cf. §16(6).

Valid for 1 year (2 years), cf. §16(7).

Requirements in a building permit:

E.g. to notify the city council of commencement of

each new stage of the building work.

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Fees:

The city council may charge a fee for permits,

temporary permissions and notices pursuant to the
BR10 chapter 1.12.

The city council may decide not to make any charge,

or only to charge fees for certain types of works.

From 1st January 2015 the fee is calculated on the

basis of cost for the time spend on handling the
case. The price per hour is a decision made by the
city coucil – the same price apply in al type of cases.
Before: Check the municipality.
As a general rule: the fee must be paid when the
relevant permit or exemption is granted.

The permit or exemption can be withhold until the

fee has been paid, cf. BR10 chapter 1(12)7.

If an application for a permit is rejected a fee can

still be charged.
Exemptions:

Exemptions see BR10 chapter 1(13):

In brief:
 Reference to the law or local plan from which
exemptions is sought
 Description of the impact of granting an
exemption
 The reason for an exemption
 Enclosure: documentation, power of attorney if
appropriate
Deviations from the provisions of the building act
and BR10 requires the exemption or permission is
expressly stated in the building permit or otherwise
notified in writing.
Complaints:

The regional state administrations, which is a part of

the Ministry for Interior and Social Affairs, deal with
complaints e.g. regarding a municipality´s decisions
under the building act, e.g. planning permissions or
a refusal of planning permission.

Only complaints that concern legal issues such as

the interpretation of the building act, whether the
municipality acts in compliance with rules under e.g.
the public administration act.
1.14(1) “Appeals may be lodged against decisions
made by the municipal council concerning provisions
of the Building Regulations under sections 23 and 24
of the Building Act. There is only scope to appeal in
matters which are dealt with by the municipal
council; see 1.3.1, 1.3.2 and 1.5(5).”
Decision based on an assessment e.g. if the
municipality had a choice of several correct
decisions. Then the regional state administration can
only decide whether the assessment in question falls
within the relevant legal provisions.

As a general rule: A complaint must be submitted

within 4 weeks from the day of recipient of the
decision.

A complaint is send on to the regional state

administration that the municipality belongs to.
The rules pertaining to the processing of complaints
cf. §§23 and 24 of the building act.

Litigation as regard the regional state administration

decision: Time limit of 6 month, cf. §25 of the
building act.
Liability:

The responsibility rest with the owner at the present

time: It is the responsibility of an individual building
owners to see that applicable regulations are
complied with, cf. §17.
Liability for work, which is illegal (authorization is
required to certain work e.g. electricians must be
authorized) prevails on:
 The one who is en charge of the work or
 The one who carried out the work or
 In some cases both are liable
Exercise:

1. Describe with your own words the purpose of the

law governing the buildings.

2. Write a brief summery of the content of ”Come

on in…” on accessibility to buildings.
Questions and comments