Vejledning om krav til parkering i forbindelse med byggeri – Danish Municipal Parking Requirements Guide
The Vejledning om krav til parkering i forbindelse med byggeri is an official guidance document issued by the Danish Transport, Construction and Housing Authority (Trafik-, Bygge- og Boligstyrelsen). Revised in May 2018, this document provides the administrative framework for municipalities to enforce parking requirements under the Danish Building Act (Byggeloven) and the Danish Building Regulations 2018 (BR18). It operates within the wider legal context of the Executive Order on binding agreement frameworks and the Circular on Municipal Parking Funds.
The guidance covers the regulation of unbuilt areas to ensure adequate parking for cars, motorcycles, mopeds, and bicycles. It details the technical specifications for handicap-accessible parking spaces, procedures for granting dispensations, and the establishment of municipal parking funds. The document defines the responsibilities of the municipal council as the building authority in determining parking needs based on building use, occupant demographics, and proximity to public transport. Key sections include requirements for new builds, extensions, and changes of use, as well as the legal mechanisms for securing parking on alternative properties.
This reference document provides structural engineers, architects, and developers with the specific thresholds and legal procedures required to meet municipal standards for parking area layout and compliance.
Legal Basis and Scope
Parking regulations are primarily anchored in Byggeloven § 7, which empowers the building regulations to set rules for the design of unbuilt areas. Under BR18 Chapter 20, specific sections govern the allocation and use of these spaces:
- § 393 and §§ 399-402: General requirements for parking allocation relative to building use.
- § 399, stk. 1: Obligation to designate sufficient space for cars, motorcycles, mopeds, and bicycles on the property.
- § 399, stk. 2: Requirement that parking areas remain accessible to residents, employees, visitors, customers, and suppliers.
- § 7, stk. 2 (Byggeloven): Prohibits the use of approved parking areas for any other purpose.
Handicap-Accessible Parking Specifications
Technical requirements for handicap-friendly parking are defined in BR18 § 401. Compliance is determined by specific dimensions and accessibility standards to ensure functionality for disabled users.
- Standard Handicap Space: Must have a usage area of 3.5 m x 5.0 m.
- Minibus Requirements: At least one space should measure 4.5 m x 8.0 m to accommodate vehicles with rear lifts.
- Access Conditions: Spaces must be placed as close to the entrance as possible, featuring firm, level surfaces with a maximum level change of 2.5 cm to adjacent areas.
Municipal Assessment and Dispensations
The municipal council determines the specific parking requirement for each building permit. This assessment considers factors such as property location, proximity to public transit, and the specific needs of the occupant group (e.g., elderly or youth housing).
- New Construction: The municipality sets the requirement and the deadline for completion within the building permit.
- Extensions: Requirements only apply if the extension creates an increased need for parking; it cannot be used to rectify existing deficits.
- Zero-Requirement: A municipality may set the requirement to 0 m² if a concrete assessment shows no parking need exists for the specific project.
Municipal Parking Funds (Parkeringsfonde)
Under Circular No. 10 of 17 January 1994, municipalities may grant dispensations from on-site parking requirements in exchange for payment into a municipal parking fund. This fund is used to establish public parking in the area.
- Five-Year Rule: The municipality is obligated to establish the replacement parking spaces within five years of granting the dispensation.
- Refund Policy: If the spaces are not established within the five-year deadline, the payment must be returned to the current owner of the property.
- Additionality: Payments must result in entirely new parking spaces or increased capacity on existing areas; purchasing existing public street parking does not satisfy the requirement.
Frequently Asked Questions
What is the required size for a standard handicap parking space?
According to BR18 § 401, a standard handicap-accessible parking space must have a usage area of 3.5 m x 5.0 m.
Can a municipality require parking for bicycles and motorcycles?
Yes, BR18 § 399, stk. 1 requires that sufficient area be designated for the parking of cars, motorcycles, mopeds, and bicycles in proportion to the building's use.
What happens if a municipality does not build parking funded by a parking fund within five years?
Under § 6 of the Parking Fund Circular, the municipality must refund the contribution to the current property owner if the replacement spaces are not established within the five-year timeframe.
Is parking required for a building extension?
Parking requirements for extensions only apply if the municipality assesses that the extension increases the overall parking demand; it does not cover existing deficits of the original building.
Can parking spaces be located on a different property?
Yes, a dispensation can be granted if there is a binding legal agreement (forpligtende aftalegrundlag) ensuring parking is established on a nearby property, which must be registered on the property title.
What is the maximum allowable level change for handicap parking access?
The level change in the access path from the handicap parking area to other areas must not exceed 2.5 cm.
