Buying real estate in DK - we explain the rules 

Non-residents are required to fulfill certain legal requirements in order to legally purchase real estate in Denmark. 

The general rule is that, unless you have domicile in Denmark or you have had residence in Denmark for at least five years, you must have permission from the Department of Civil Affairs to acquire real property in Denmark. 

This means that you will need permission from the Department of Civil Affairs unless you:

1. have domicile in Denmark, or
   
2. have had residence in Denmark for at least five years.

The requirements apply regardless of whether you wish to purchase a detached house, construction plot, owner-occupied apartment, holiday home, cooperative housing unit (andelsbolig) or other real estate in Denmark and the rules apply regardless of how you intend to use the property (a permanent or non-permanent dwelling).

What is a domicile? 

Domicile means having your fixed and permanent home in Denmark 

Whether or not you have domicile is determined by a discretionary assessment of whether or not you have your fixed and permanent home in Denmark. Establishing domicile in Denmark therefore requires more than merely living in Denmark. 

The assessment of whether you have domicile in Denmark is based on a number of factors, including:

• the length of time you have been living in Denmark,
• whether you are married or cohabiting,
• whether any spouse/cohabiting partner lives in Denmark as well,         
• whether you have minor children, 
• whether your children go to school or an institution in Denmark,
• whether you speak Danish,
• whether you have taken Danish courses and, if so, which ones,      
• whether you are working or studying in Denmark,
• whether you have any other ties to Denmark.
• When have you had residence in Denmark for at least five years

5 years in DK

When the Department of Civil Affairs assesses whether you have had residence in Denmark for at least five years, they will use the information registered in the Danish Civil Registration System (CPR). 

It is not a requirement for you to have had residence in Denmark for five consecutive years. 

It is also of no significance how long it has been since you last lived in Denmark or how old you were when you lived in Denmark.

If you don’t have domicile in Denmark or have had residence in Denmark for at least five years, you must attain permission from the Department of Civil Affairs to acquire real estate in Denmark.

BB Boligadvokat have assisted many clients in applying for permission from the Department of Civil Affairs and will be happy to help you in this regard.