Environmental and zoning issues

Today, the environment surrounding real estate is regulated through e.g. the Danish Soil Contamination Act. In this connection, we assist authorities, businesses and private owners in disputes on whether regulatory requirements have been observed as well as in cases where a property is contaminated. In 2013-2014, attorney Kristian Dreyer litigated a particularly complicated case on time-barring of soil contamination from a tank at a detached house, and as associate professor at the Academy Of Professional Higher Education and now the Faculty of Law at University of Copenhagen he has taught both environmental and zoning law.

In connection with purchase of real estate, disputes may also arise concerning who is to pay for any clean-up after contamination.

Zoning law plays a key role for real estate since public zoning regulates the use of land in Denmark and therefore outlines the specific framework for what a property can be used for. The real estate and construction department assists in conflicts concerning zoning issues, including cases on compulsory acquisition and mandatory take-over of properties. We also assist in lawsuits and cases brought before the Environmental Board of Appeal. Kristian Dreyer recently assisted a group of citizens at Gammel Strand in the highly public case against the City of Copenhagen before the Environmental Board of Appeal in connection with the construction of the Metro, in which case the Board of Appeal agreed that the City of Copenhagen had a duty to undertake a public enquiry and prepare a local plan.

Both environmental and zoning issues must be examined in connection with building projects and property project development, and in connection with project development, we assist our clients in disputes with the public authorities. This may be lawsuits in connection with disputes on whether zoning legislation has been observed or negotiations with a view to making adjustments or changes to the current zoning conditions.