Can we buy a vacation home in Denmark?
German nationals who do not have a residence in Denmark and have not previously lived in Denmark for a total of 5 years cannot normally purchase a vacation home in Denmark.
Under certain circumstances, however, it is possible to obtain an exemption from the Danish Ministry of Justice, e.g. if the applicant has a special connection to Denmark.
The vacation home rule was adopted when Denmark joined the EC in 1973 and is therefore over 50 years old. It states that the Danish rule restricting the purchase of Danish vacation homes by foreigners also applies to EU citizens.
The vacation home rule was introduced to prevent a large proportion of Danish vacation homes being bought by foreigners. If the vacation home rule did not exist, it would become more expensive and more difficult for Danes with average incomes to buy a vacation home to the same extent as today.
In Denmark, more new vacation homes cannot be built without further ado, as the construction of new vacation homes is heavily regulated by law.
Permission from the Danish Ministry of Justice is only granted for the purchase of a specific property. The Danish Ministry of Justice decides whether permission can be granted on the basis of an application accompanied by relevant documentation.
Permission to purchase a second home/summer house in Denmark will only be granted if the applicant has a particularly strong connection to Denmark.
The following are examples of connecting factors that are included in the overall assessment of whether a permit to purchase a second home can be granted:
- Previous residence in Denmark
- Family ties to Denmark
- Linguistic ties to Denmark.
- Cultural ties to Denmark.
Previous stays in Denmark
A previous stay is deemed to exist, for example, if you have spent a significant part of your vacation in Denmark over several years or have stayed or worked in Denmark for other reasons.
If previous stays are previous vacation stays in Denmark, special attention is paid in practice to whether the applicant has regularly spent a significant part of their vacation in Denmark over a longer period of time.
It is also important that the stays are documented. Previous stays can be documented, for example, by submitting rental contracts for vacation homes, receipts, photos, employment contracts and/or statements from witnesses in Denmark.
The Ministry of Justice’s requirement for evidence of previous stays in Denmark etc. means that a large amount of material must be obtained and sent to us.
After reviewing all the material, we select the relevant attachments to include with the application so that the stated residence and circumstances are documented.
Family ties to Denmark
Often a family member, e.g. one or both parents, a daughter or a son, lives in Denmark or has lived there for several years.
This will also be taken into account when the Ministry of Justice decides whether to grant permission to purchase the vacation home.
Linguistic ties to Denmark
You have a linguistic connection to Denmark if you speak Danish.
This may have been achieved through family ties to Denmark, a previous long-term stay in Denmark, language courses/training in Danish or work experience in Denmark.
Cultural ties to Denmark.
For example, it can be assumed that the applicant has relatively strong cultural ties to Denmark if his/her parents or a parent, parent-in-law or spouse are Danish citizens.
If the applicant understands and speaks Danish, this must be regarded as a cultural link to Denmark.
Permission from the Ministry of Justice/Civil Protection Agency to purchase a vacation home
If the Ministry of Justice determines that there is a basis for granting a permit to purchase a vacation home, the permit will be as follows:
On the basis of the information available, the Danish Ministry of Justice finds that the applicant has such a strong connection to Denmark that permission may be granted to acquire a secondary residence (vacation home) in Denmark.
Written permission from the Ministry of Justice to purchase the vacation home must be submitted before the purchase of the vacation home is registered.
If you want to buy a vacation home in Denmark but do not have permission from the Ministry of Justice/Ministry of Civil Affairs to purchase it, you can use the following 2 procedures.
- You can enter into a purchase agreement for the vacation home, i.e. sign the purchase agreement, but make the transaction conditional on you applying for and obtaining a permit from the Ministry of Justice to purchase this vacation home.
- You can apply to the Ministry of Justice for a permit to purchase the vacation home, and once you have received the permit, you enter into the contract, i.e. you sign the purchase agreement.
I recommend that you seek legal advice on your options for obtaining a permit from the Danish Ministry of Justice for the purchase of a vacation home.
I recommend that you have my legal assessment of your options for obtaining a permit from the Danish Ministry of Justice for the purchase of a vacation home.
Considering the cost, I recommend that you obtain my legal assessment before you spend time and effort applying to the Ministry of Justice to purchase a vacation home.
You are welcome to send me an e-mail or call me for a no-obligation telephone conversation if you would like to buy a vacation home in Denmark or if you have any questions about the above points.
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If you have any questions or need help, you can always call me on +45 8613 0600 or write to me using the contact form. A request costs nothing. We look forward to meet you. We look forward to meet you.