What are the precise criteria for making a place a legal residence for a person in Denmark?

Question

I would like to know the legal requirements for a dwelling to be considered legal and fit for registering as a residence with the government, in Denmark.

I would prefer a complete, clear checklist, if possible. For example:

1. Is there a specific size that the space must be, per person? How might this affect things like tiny homes, or a family member sleeping in a small family apartment’s couch, or a spouse spending lots of time with you even though the room is a small single, or a bunch of people packing in to one apartment to save money? I feel like there is probably some law that you can’t have a certain number of people in one room, but I wonder how that affects someone who genuinely wants to live in a tiny, tiny home, like a little shack/mini-cottage, basically.

2. In order for it to have an address, if it were somewhere rural, would it be mandatory to be connected to physical roads, and then apply for a street address with the local government, who approve it? In other words, how much or little freedom do you have to create a new address somewhere - i.e., buying a cheap, empty piece of land in a remote area, and simply stating that this is your residence on paper, even if there’s no house there, and no official street name. I know that situation would be turned out, but when does it cross the threshold into permissible? Can one normal residential property, like a house, choose to split their sidewalk space in half, and have a second address and mailbox, for maybe someone they sublet to, who now technically lives at a different address, of their own?

Also, I would appreciate hearing the distinction between illegal and enforced, illegal but less/not enforced, and legal.

Thank you.

Answer 1

In practice, the legal requirements for a dwelling to be considered legal and fit for registering as a residence with the government in Denmark are often enforced by the local municipalities, which have the power to interpret and apply the laws and statutes according to their specific circumstances and needs. The checklist provided below is based on the general principles and guidelines set out in the relevant legislation and regulations, but it may vary depending on the local context and the specific characteristics of each dwelling.

• The Danish Building Act (Byggeloven): The Danish Building Act sets out the basic requirements for all buildings in Denmark, including dwellings. It defines the minimum requirements for size, health, safety, and location, and provides guidelines for construction, renovation, and demolition. The act is constantly updated to reflect new building technologies and changes in society's needs and expectations.

• The Danish Water Supply Act (Vandforsyningsloven): The Danish Water Supply Act sets out the requirements for the quality and safety of drinking water, as well as the responsibilities of the water supply companies and the consumers. The act ensures that all buildings have access to clean and safe drinking water and that the drainage system does not cause pollution or health hazards.

• The Danish Wastewater Act (Spildevandsloven): The Danish Wastewater Act regulates the disposal of sewage and other wastewater, and sets out the requirements for the treatment and discharge of wastewater. The act ensures that all buildings have proper drainage and that the environment is protected from pollution.

• The Danish Planning Act (Planloven): The Danish Planning Act sets out the guidelines for land use planning, including the designation of residential zones and the approval of building permits. The act ensures that all buildings are located in appropriate areas and that the surrounding environment is protected from inappropriate development.

• The Danish Rent Act (Lejeloven): The Danish Rent Act regulates the relationship between landlords and tenants, including the rent level, the notice periods, and the rights and obligations of both parties. The act ensures that all dwellings are rented out fairly and that the tenants have adequate housing standards.

The following laws seem to be relevant when we start considering applying them to your conditional checklist:

Size Occupancy Problem

• There is no minimum size requirement for a dwelling in Denmark, but there are regulations that specify how much space is required per person. The Danish Building Regulations specify that a dwelling must have a minimum floor area of 20 square meters per person. However, this does not necessarily apply to tiny homes or other non-traditional forms of housing, as long as they meet the minimum space requirements and other safety and health standards.

• The maximum number of occupants allowed in a dwelling is determined by its size, layout, and facilities, as well as the health and safety requirements set out in the Building Act and other regulations. Overcrowding is not permitted.

Health Care Facility

• The Danish Water Supply Act sets out the requirements for the quality and safety of drinking water, as well as the responsibilities of the water supply companies and the consumers. The act ensures that all buildings have access to clean and safe drinking water and that the drainage system does not cause pollution or health hazards. This act deals with land property too.

• The dwelling must have adequate access to emergency services, such as fire, police, and ambulance. Enforced by this, residence must have it.

• The water supply and drainage system must meet the requirements set out in the Danish Water Supply Act (Vandforsyningsloven) and the Danish Wastewater Act (Spildevandsloven) in residence.

Legal and enforced

• If a dwelling does not meet the legal requirements for size, health, safety, or location, it is considered illegal and can be subject to fines, demolition, or other enforcement measures by the local municipality or the Building Appeals Board (Huslejenævnet).

• Illegal dwellings are those that are not approved for residential use, or that have been altered without the necessary permits and inspections. The local municipality has the authority to enforce the Building Act and other relevant legislation and regulations.

• Permits and approvals: Depending on the specific circumstances, a dwelling in Denmark may require various permits and approvals from local authorities, such as planning permission or building permits.

---

There might be many more laws, bindings, and promises to make, but these are compulsion with some relaxation to above situations. The question examples and requirements deal to land reforms, and health-care facility.