1 (Administrative bestemmelser) Vejledning om gebyr for kommunernes sagsbehandling på byggeområdet – Danish Municipal Building Fee Guidelines
This guidance, updated by the Trafik-, Bygge- og Boligstyrelsen (Danish Transport, Construction and Housing Authority) in July 2018, details the regulations for municipal fee collection within the building sector in Denmark. It primarily addresses the provisions set forth in § 39 of the Bygningsreglementet (BR18) (Building Regulations 2018). The document operates within a wider legal framework established by the Byggeloven (Building Act), specifically § 28, and complies with constitutional requirements regarding the distinction between taxes and administrative fees.
The scope of the guidance covers the assessment of fees for building permit applications, dispensations, and legalization cases. It outlines the transition to a system where municipalities can charge based on either actual time spent or a fixed minor fee. The document defines the limits of municipal authority, ensuring that fee revenue does not exceed the actual costs incurred by the building authority for case processing. It further clarifies the administrative roles following the introduction of the certification scheme for technical structural and fire safety documentation.
The following sections detail the specific calculation methods, the types of activities that incur charges, and the legal obligations of municipalities and property owners regarding payment and documentation.
Constitutional and Legal Basis for Fee Collection
Fee collection in Denmark is governed by Grundloven § 43 (The Constitution), which distinguishes between taxes and fees. A fee must correspond to a specific service provided by the public authority and cannot exceed the total costs of that service. If fee revenue exceeds costs, it is legally classified as an unauthorized tax.
- Byggeloven § 28, stk. 1: Authorizes municipal boards to collect fees based on time spent or a smaller fixed fee.
- BR18 § 39, stk. 1: Specifies that fees can be charged for building permits, dispensations, and legalization cases (lovliggørelsessager).
- Direct and Indirect Costs: Municipalities may include both direct labor costs and indirect overhead in their fee calculations.
Fee Calculation Methods
Municipalities must decide whether to finance building case processing through fees, taxes, or a combination of both. When fees are collected, they must follow one of two defined models under BR18 § 39, stk. 2.
- Fees by time spent: The fee reflects the actual hours used by the municipality to process a specific case. The hourly rate must be uniform across all case types within the municipality.
- Minor fixed fees: Applicable to all case types, replacing previous exemptions that only covered small structures like carports. The maximum fixed fee is capped and adjusted annually.
- Maximum Fixed Fee (2024): The cap for the minor fixed fee is set at 1,175 DKK.
Municipalities are prohibited from simultaneously charging both a time-based fee and a fixed fee for the same case type.
Municipal Processing under BR18
Since the implementation of BR18, technical building processing by municipalities has been largely replaced by a certification scheme. The municipality's role is now primarily administrative and focused on compliance checks.
- Documentation Review: Assessment under § 36 to ensure documentation complies with relevant requirements.
- Classification: Verification that the building is placed in the correct fire and structural classes.
- Occupancy Permits: Fees can be charged for the time spent on final case closure and the issuance of an occupancy permit (ibrugtagningstilladelse) under § 43.
Payment Terms and Liability
The obligation to pay building fees rests with the property owner. Fees can be collected in one or two installments depending on the municipal policy.
- Due Date: For time-based fees, the earliest due date is when the municipality grants permission to use the building.
- Installments: The first rate may fall due when the permit or dispensation is granted; the second rate falls due upon final occupancy permission.
- Withdrawal and Rejection: Fees may be charged if an application is withdrawn or if the permit is rejected (afslag), provided case processing has commenced.
Frequently Asked Questions
What is the maximum fixed fee for a building case in 2024?
The maximum minor fixed fee that a municipality can charge for building case processing in 2024 is 1,175 DKK.
Can a municipality charge a fee if a building permit is rejected?
Yes, according to BR18 § 39, stk. 1, a fee can be charged for a rejection (afslag), but typically not for a dismissal (afvisning) due to missing formal requirements.
Who is responsible for paying the building permit fee?
The liability for paying building fees rests with the owner of the property, and fees can be enforced through property distraint (udpantning).
Can fees be charged for pre-application dialogues?
Municipalities may charge time-based fees for pre-dialogues (forhåndsdialoger) if they constitute actual case processing for a specific project.
How are fees calculated if a case is withdrawn?
If an applicant withdraws a building application, the municipality may still collect a fee based on the time already spent on processing the case.
Are small buildings like carports exempt from fees?
No, while they were previously exempt from time-based fees, they are now subject to the same fee rules as other buildings, often charged as a minor fixed fee.
