Real Estate and Construction Law

The property and construction market is subject to complex Danish and EU regulation, exposing businesses and authorities to numerous challenges when building, buying, selling and leasing properties.
Our Real Estate and Construction Law group boasts the leading legal advisers in Denmark, who have advised on some of the most substantial cases and projects in this area. We have extensive experience in advising major Danish and foreign property investors, state-controlled entities and authorities.

Our advice extends beyond mere legal advice. We also have in-depth knowledge of
the Real estate, Construction and Infrastructure industryWe actively apply that knowledge to ensure that our advice meets our clients' commercial needs.

We act as a legal adviser and commercial sounding board on matters such as:

  • Property transactions (M&A Real Estate)
  • Project development
  • Commercial leasing law
  • Property financing
  • Construction law
  • Environmental and planning issues
  • Properties and insolvency

Property transactions (M&A)

A prerequisite to any successful property sale or purchase is careful preparation – before an agreement is concluded – in order to identify any potential transaction-related challenges.

We have extensive experience in negotiating and executing Danish and international property sales and purchases, including hotels, shopping centres, and office, industrial, retail and residential properties. We also provide advice to property funds, pension funds, associations, and listed and private investors, including advice on ownership structures – for individual properties as well as portfolios. 

For each individual transaction, we can assemble an experienced team of advisers to help our clients uncover and identify all of the applicable conditions and relevant risks before they sign an agreement. 

Our advice includes:

  • Advice to investors (Danish and foreign)
  • Process management for foreign property investments
  • Transfer of property portfolios
  • Ownership structures (Corporate Real Estate)
  • Structured processes in transactions
  • Public and private tendering processes
  • Due diligence
  • Property prospectuses
  • Property law matters
  • Insurance
  • Registration in the land register
  • Checking of public land assessment values and handling of complaints
  • Option agreements
  • Rights of pre-emption
  • Completion of private transactions (single-family residences, private apartments and holiday houses)
  • Dispute resolution, including arbitration and litigation

Real Estate and insolvency

Handling insolvent properties requires a legal team with in-depth experience who can ensure that the final outcome in each situation is also the best solution.

We advise on all types of real estate in connection with insolvency. We advise banks and other lenders as well as creditors and national and international investors. Also, we act as supervisors appointed by the bankruptcy court during suspensions of payments and as trustees in bankruptcy.

With our specialist knowledge and insight, we can help our clients achieve the best possible solution from both a legal and a commercial perspective.

Our advice includes:

  • Defaulting loans
  • Charges over property as security for debt
  • Enforcement of security 
  • Foreclosures and collection of mortgage debt 
  • Property in connection with suspensions of payments
  • Stand-still arrangements
  • Property in connection with bankruptcy
  • Avoidance of property transactions 
  • Property in connection with arrangements with creditors
  • Restructurings
  • Property in possession of the mortgagee 
  • Mortgagee accounts
  • Winding-up procedures (out of court)

Real Estate finance

Real estate financing can be a challenging process involving special needs and requirements for loan opportunities and structures.

Our Real Estate and Construction Law group provides advice and acts as a sounding board for Danish and foreign banks, mortgage credit institutions, borrowers, agents, and rating agencies on all aspects of financing for real estate, property portfolios and property companies.

Because of our extensive experience in the financing of different types of properties, we are confident that we can provide qualified, commercial recommendations for financing solutions that optimise results for our clients.

We offer advice on:

  • Long-term loans
  • Bridge loans
  • Refinancing
  • Structured facilities 
  • Project financing 
  • Construction loans 
  • Foreign security
  • Mortgage loans
  • Property bonds
  • Sale and leaseback
  • Defaulting loans
  • Enforcement
  • Disputes

Construction Law

Starting a building or construction project requires consideration of various rules and conditions, some of which may remain relevant throughout the entire project – from the initial planning stage right through to final completion. Such an extensive process requires professional advice from start to finish in order to avoid unworkable challenges.

Our team of construction law experts has considerable experience in and specialist legal knowledge of the various processes and risks involved in major building projects – public as well as private.

With our long history of experience in this area, we can guide you safely through all of the processes in a building project and identify any problems to ensure that complex regulations do not slow the progress of a project.

We advise on areas such as:

  • The tendering process
  • Construction contracts, consultancy agreements, and general/special conditions
  • Consortium agreements
  • Public-private partnerships (PPP)
  • Partnering
  • Relations with the authorities - the Danish Planning Act and construction law 
  • Advice during the building work/project construction and handover, including handling of claims for delays and defects and frequent participation in steering groups
  • Financing and security 
  • Advice to builders and contractors during suspensions of payments and bankruptcies
  • Expert opinions and decisions
  • Dispute resolution, including arbitration and litigation

Project development

A successful project requires a holistic overview and insight into the challenges that can arise during the various phases of projects – from idea through to sale.

We have advised clients on project development for many years and have accumulated considerable experience, expertise and insight within this area, covering all of the relevant legal aspects – from regulatory approval, financing and leasing through to property sales.

We advise public and private builders, project developers, public and semi-public authorities, and investors, both in Denmark and abroad.

Our specialists provide advice to our clients throughout all of the different project phases, including:

  • Land purchases 
  • Cadastral issues 
  • Zoning changes 
  • Agricultural legislation 
  • Planning and regulatory issues
  • Houseowners', owners' and cooperative housing associations 
  • Choice of corporate form
  • Tenders – national and EU rules 
  • Project consultancy
  • Construction law and consultancy agreements
  • Environmental issues
  • Sale and purchase agreements 
  • Leases
  • Taxes
  • Project financing

Commercial leasing law

The law on leasing is complex, and failure to comply with the rules can have financial consequences for the lessee and the lessor. Before signing a lease agreement, thorough investigative work should be carried out in order to avoid legal errors. 

Our specialists have in-depth experience in all aspects of commercial leasing law and can advise both tenants and landlords, public and private, as well as international parties.

Combining extensive experience and legal expertise, we can navigate the complex leasing rules and ensure that our clients obtain the most commercially advantageous terms in each individual leasing situation.

We advise both tenants and landlords on:

  • All types of business lease agreements, including domicile leases and specifications for arrangement of the premises
  • Sale and leaseback transactions
  • Due diligence
  • Lease agreements, including for hotel and restaurant leases 
  • All aspects of centre leases
  • Lease agreements in project development matters
  • Assignment of (retail) leases
  • Subleasing
  • Franchising
  • Acquisition and operation of rental property 
  • Planning and other regulatory issues relating to the use of leased premises 
  • Rebuilding of properties/leased premises and related requirements 
  • Rent reviews, both agreed and market rent adjustments, tax adjustments, and rent increases as a result of improvements 
  • Utilities consumption and operating expense accounts 
  • Termination disputes
  • Statutory protection of business tenants, including claims for damages and compensation for loss of goodwill on the landlord's notice to terminate
  • Defects on occupation of leased premises during the lease term and on termination of the lease 
  • Vacation of premises
  • Dispute resolution, including mediation, arbitration and litigation 
  • Lease registration in and cancellation from the land register
  • Residential leasing law 
  • Obligations to offer a property to tenants under Danish tenancy law

Environmental and planning issues

Environmental and planning law issues relating to real estate are complex and call for specialist knowledge to ensure a careful investigation into all of the relevant circumstances and compliance with the comprehensive rules in the area.

We have accumulated wide-ranging experience as advisers in this area and have an extensive commercial and legal understanding of the environmental, public and planning law issues relating to real estate.

For each case we select the strongest team of specialists from areas such as Environmental Law and Public Law, and can similarly draw on the expertise of other specialist areas for disputes and litigation involving environmental and planning law issues.

We advise commercial clients and public authorities on:

  • Planning law
  • Real estate regulation in general 
  • Environmental regulation of businesses/polluting activities 
  • Soil contamination
  • Waste
  • Environmental issues in connection with business transactions, or the sale or purchase of (commercial) properties 
  • Supply of public utilities and similar
  • Legal issues relating to roads and owners of infrastructure
  • Legal matters relating to local authorities, including express and implied authority for municipal activities, and business activities of municipalities
  • Signs in public and private areas 
  • Urban and port development, including the formation of urban and port development companies 
  • Compulsory acquisitions
  • Administrative law, including formal and substantive requirements for effective decisions 
  • Liability of public authorities, including damages claims for invalid decisions - such as invalid planning permissions or local development plans
  • Sales of municipality-owned real estate by tender under the Danish Executive Order on Open Tenders in Relation to the Sale of Municipal and Regional Properties, including exceptions and exemptions from the Executive Order
  • Urban and port development, including the formation of urban and port development companies