What are the most common structures for investing in real estate, and what are the benefits and drawbacks of each (including tax implications)?

The structures utilized are determined by the transaction's complexity. Major cross-border real estate deals can be quite complicated structurally.

Apart from the traditional purchase of real estate, it is becoming increasingly popular to transfer real estate through the sale of shares in the corporation that owns the property. The selling of shares is exempt from capital gains tax and transfer tax, and there is usually no withholding tax due on the sale of the shares. for sale apartments

Environmental and planning issues


What government agencies in your jurisdiction manage real estate development and use planning and zoning, and what are their powers?

The Minister of Business and Industry and municipal councils share responsibilities for planning under the Planning Act. The Planning Act's goal is to create a unified planning system that protects the environment while also allowing for growth and development.

The Danish government is in charge of national planning issues, while local governments are in charge of spatial development plans and town planning (ie, preparation of local plans). Larger real estate development projects, for example, almost always necessitate the adoption of a new local plan for the area.

What are the requirements for planning authorization in terms of eligibility, procedure, and documentation?

When filing for a construction permit, officials will look to see if a project fits within the required planning limitations. If this is not the case, dispensations may be requested, or a new local plan may be required. In theory, any developer might try to persuade the authorities to adopt a planning foundation that allows for the project and its intended use. However, whether or not a proposed municipal plan is adopted is ultimately a political decision. A new local plan is frequently prepared in close collaboration between the developer and the municipality's planning and technical agencies.

Is it possible to challenge a planning decision? If so, what is the procedure for filing an appeal?

Legal questions over local plans can be appealed to the Danish Planning Committee. The complaint must be filed at least four weeks after the announcement of the local plan decision.

What are the ramifications of not adhering to planning decisions or regulations?

Municipalities are in charge of ensuring that a newly erected structure conforms with building codes. The Building Act's requirements for building construction, as well as the planning criteria, are normally included in the municipality's building permit. When the municipality becomes aware of illegal conditions, it must attempt to have the structure legalized. Fines and the eventual removal of (the illegal components of) a building may result from violations of the Building Act.

What rules apply to the preservation and development of historic and cultural structures?

The Building Preservation Act regulates the preservation of structures that are worthy of preservation. Under specific conditions, the minister of culture may conserve a building of significant architectural or cultural-historical worth, according to this statute. The Agency for Cultures and Palaces is in charge of identifying historic buildings and protecting ancient sites and monuments, as well as managing and maintaining state-owned palaces, castles, gardens, and cultural resources.

Municipalities must also conserve Danish cultural heritage when doing local planning by incorporating it into the local planning guidelines.

A person can also make a proposal for a building's listing to the Agency for Culture and Palaces, which will determine if the structure meets the listing conditions.

When a structure is designated as worthy of preservation, it cannot be demolished without special approval from the local government.

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