Foreign citizens' acquisition of real property

Legislation on the acquisition of real property in Denmark

The regulations governing the acquisition of real property by persons who are not permanent residents of Denmark are set out in the Acquisition of Real Property Act and the Acquisition of Real Property Executive Order.

Section 1(1) of the Acquisition of Real Property Act stipulates that persons who are not residents of Denmark and have not either had their residence in this country for a total period of five years previously may only acquire title to real property in Denmark after having obtained permission from the Ministry of Justice.

This provision comprises all-year dwellings as well as secondary dwellings, meaning seasonal dwellings, second homes, etc. Permission under the provisions of the Acquisition of Real Property Act may only be granted for the acquisition of a specific property.

 

Persons resident in Denmark

Persons who are currently residents of Denmark or have been residents for a period of at least 5 years, must not apply to the Ministry of Justice for permission to acquire real property in Denmark.

If it appears from an application for acquisition of real property in Denmark that the applicant already lives and stays in this country, the Ministry of Justice will assess whether the applicant may be considered to have his or her residence here, because in that case the permission from the Ministry of Justice is not necessary. 

In case the immediate assessment of the Ministry of Justice is that the ap-plicant is resident in Denmark, the Ministry will point out to the applicant that this is so and that the final decision as to whether the applicant is resi-dent in Denmark must be made by the courts (the Land Registry Court).

The Land Registry Court will determine whether the prospective acquirer is resident in Denmark in connection with its entry in the Land Register of the title to the property.

Residence in Denmark for less than five years

Persons who are currently residents of Denmark or have been residents for a period of at least five years, must not apply to the Ministry of Justice for permission to acquire real property in Denmark.

The requirement of residence in Denmark means that the person concerned must have his/her habitual and permanent home within the limits of the Kingdom, i.e. in Denmark, Greenland or the Faeroe Islands.

According to the Ministry’s practice, the assessment of whether a person may be considered to have his/her habitual and permanent home and thus residence in Denmark will be based on information about a number of conditions.

The duration of the person’s stay in Denmark is of importance but not in itself decisive. A shorter period is sufficient when against the background of the person’s other ties to Denmark it must be assumed that the person intends to stay here permanently. Inversely, a period of longer duration will not be sufficient, if it is assessed against the background of other in-formation that the applicant does not intend to remain in Denmark. 

In addition to the duration of previous stays in Denmark, the information includes conditions such as marital status, whether the applicant has chil-dren who still live at home and may be registered at a day care centre or school, whether the applicant has work in Denmark, whether the applicant has good command of the Danish language, and for instance whether the applicant has completed courses and passed Danish language tests, and whether the applicant has a permanent residence permit in Denmark or a genuine possibility of remaining in Denmark without any time limit (EU and EEA citizens).

Residence in Denmark for five years or longer

Persons who are currently resident in Denmark or have been resident here for a period of at least five years, must not apply to the Ministry of Justice for permission to acquire real property in Denmark.

The assessment of whether a person has been resident in Denmark for at least five years will be based primarily on the data recorded in the CPR Register. It is not a requirement that the five years must have been consecutive or have been within a certain preceding period.

 

Registration in the Land Register subject to a time limit to obtain permission

The Land Registry Court will consider whether an acquirer is resident in Denmark in connection with the registration of the title to the property.

If the judge of the Land Registry Court does not find that the acquirer is resident in Denmark, the judge will enter the title to the property in the Register subject to the proviso that within a set time limit the acquirer must obtain permission from the Ministry of Justice as provided by section 6(1) of the Acquisition of Real Property Act.