The order of the law concerning the Community contribution to public roads (Vejbidragslov)
Hereby promulgated law on the Community contribution to public roads, see. lovbekendtgørelse nr. 713 of 11. September 1997, with the changes brought about by section 67 of Act No. 431 of 6. June 2005 and section 3 of Act No. 583 of 24. June 2005.
§ 1. By public roads, for the purposes of this law, roads, streets, bridges and squares, which are open to regular traffic, and as administered by the State or municipality pursuant to the law on public roads.
(2). By public trails for the purposes of this law the traffic areas, which mainly are reserved for ordinary walking, cycling and riding traffic, and as administered by the State or municipality pursuant to the law on public roads.
(3). By private common roads, for the purposes of this law the roads, streets, bridges and squares, referred to in § 2 of the law on private common roads.
(4). By vejbidrag means the contribution levied on property owners in accordance with this law.
The scope of the law
§ 2. The rules laid down in this law shall apply to public roads in the areas covered by the provisions of the law on private common roads, section III.
(2). For main roads can rules after vejbestyrelsens provision also applied outside the areas referred to in paragraph 1, in places where there is a comprehensive settlement, or a comprehensive settlement can be expected. Vejbidrag can in these cases only required on the one hand, for the execution of the new pavement works, however not beyond 2.5 metres on each side, partly to keep the runway and parking facilities within a width of 6 m.
(3). Law shall also apply to public trails.
Cold cuts by vejbidrag
§ 3. Vejbestyrelsen may require property owners by vejbidrag wholly or partly for the cost of
1) construction of new public roads,
2) expansion of private common roads in connection with such acquisition shall be weighed as public roads according to Chapter 2 of the law on public roads,
3) expansion of the paved areas in public roads to it in § 4, paragraph 1, specified maximum width in connection with such considered expansion to this or greater width, in so far as they concerned owners of properties bordering on or come to cross the road.
(2). Decision pursuant to paragraph 1 shall be taken in the context of the implementation of the relevant construction work. The collection of vejbidrag can commence before the work is done. In such a case conducted final regulation after completion.
Vejbidragets detailed scale
§ 4. Vejbidrag can not required for that part of the cost of the road works, which relate to a larger width than 20 m. For properties that at the local level or otherwise reserved for residential buildings with one-or tofamilieshuse, can vejbidrag not required for that part of the cost of work on the lanes, which regards a larger width than 6 m, and to the portion of the cost of work on the way other parts of greater width than a total of 6 m, unless vejbidraget at the same time imposed for several roads under one without prejudice to article. § 10.
(2). Vejbidrag may not be required to cover the costs of
1) land acquisition,
2) replacement for easement cold cuts or disadvantages or
3) major adjustments to the way's profile, including the construction of retaining walls.
(3). Of expenditure on water diversion can be counted the costs of drain, drain wells with associated plug wires as well as vejgrøfter and such sewers, which exclusively serves to a pipeline dewatering. Other expenses, which is necessary for the derivation of a way to surface waters can only be included when they are subject to separate road space by order under the river law.
(4). To fixed costs can be counted an amount for normal lighting.
(5). To fixed costs can be counted an administrative surcharge of more than 9 per cent of construction costs. Interest rates may not be counted. Any expenditure on assistance of the engineering time can be counted, but administrative supplements may not be counted for that part of the work, for which the consulting engineering assistance has been used.
Reduction in the obligation to contribute to water-and vejarealer
§ 5. By imposition of vejbidrag except water areas that are not employed to the property value.
(2). By imposition of vejbidrag Furthermore, the exception from public roads and private common roads, adjacent to the road. A short private fællesvej, which only emerged in the public road, however, by the imposition of vejbidrag can be treated as a property bordering on the public road, so that the contribution by touching common road, are distributed according to the rules laid down in section 11 between the owners of the property, which borders to the road.
Reduction in the obligation to contribute by restricted roads
§ 6. Vejbidrag can not be imposed on property owners by road sections, which according to the access rules established by færdselsmæssige reasons, and which can be enforced by the public, cannot be obtained direct access from the property, see. However, paragraph 2 and paragraph 3 and section 5, paragraph 2 2. PT.
(2). Regardless of the access provisions of the nature referred to in paragraph 1 may vejbidrag be imposed on property owners by roads that are part of a comprehensive road system, exclusively or predominantly in the traffic control of a land development area.
(3). If the owner of a property, regardless of the access provisions of the nature referred to in paragraph 1 shall, in particular, takes advantage of the property's location on the route in question, URf.eks. by Hamlet, whose extent is only made possible by rules of building legislation on the additional area at shop Windows or similar, can an appropriate reduced vejbidrag imposed. The contribution shall be determined taking into account the extent of the property's use in connection with the road.
(4). When a determination of a property access limits, but not completely prohibit access to the road from the property, the vejbidraget is reduced to the extent that the provision taken causes a reduction in the property's services.
Other restrictions in the obligation to contribute, etc.
§ 7. In the event that later had to be provided for the access provisions to the effect that a property which pursuant to section 3 is vejbidrag, cannot be imposed on access to the road or only can achieve a substantially limited access to this, the remaining vejbidrag may be canceled or reduced to the extent that the rules in section 6 would have resulted in discontinuance or reduction of vejbidraget.
(2). In a similar way to that granted landowners that immediately after vejanlæggets execution or later has paid vejbidraget cash, total or partial reimbursement of the cash paid vejbidrag with interest rate 5 per cent per annum, so that these landowners as far as possible, be equated with the owners, pursuant to paragraph 1 shall be exempt from the remaining vejbidrag. Refund will be granted, however, only the amount that is paid in cash within the last 15 years, and only the amount that exceeds $ 500.
§ 8. Vejbidrag can only be imposed on the railways and airports to roads, by which the plant's location on the road are being exploited or may be exploited and which have not been relinquished use of the location by the way. As the exploitation of a stretch of road is also considered the use of transitions, which alone serve the plant's operation. If, moreover, renounced the use of the location by the way, can vejbidrag with respect to transitions, which alone serve the plant's operation, however, only be imposed for the line out of the transition with a supplement of 10 m to each side.
§ 9. If the rules laid down in §§ 6-8 causes the vejbidrag cannot be imposed on all owners of the to a distance limit remote the properties, or to the contribution of one or more properties by road is reduced, the amount shall be borne by the vejbestyrelsen, which then cannot be charged.
(2). If a landowner who pursuant to § § 6-7 in whole or in part have been exempt from vejbidrag, before the expiry of a period of 15 years after the collection of the vejbidraget is started, obtains such access for the property to the road or takes advantage of the property's location on the road in such a way that vejbidrag could be imposed wholly or in part, in accordance with the foregoing provisions, may impose on the owner vejbestyrelsen vejbidrag in accordance with these rules , because the contribution is reduced, corresponding to the last part of the 15-year period.
Vejbidrag for more roads
§ 10. When vejbidrag at the same time imposed for several roads in færdselsmæssig respect constitutes a unit can notice happen to those roads together.
§ 11. The distribution of vejbidrag is made of vejbestyrelsen between the contributory property owners on the basis of
1) property's façade length against the road,
2) the size of their configuration spaces and
3) the way in which the properties are used or likely to be used, or the property value. For properties that have not been employed for property value, consideration must be given to the method of use.
(2). In the allocation referred to in paragraph 1, no. criterion referred to conclude with a weight of at least 10 per cent, whereas the criterion in paragraph 6; 2, and of the criteria set out in paragraph 6; 3, chosen, each will be included with a weight of at least 25 per cent of the basic regulation. However, paragraph 4.
(3). Included the property value as a criterion by the Division must be provided in cases where activities are due to significant or heavy traffic to or from individual properties by road, anticipates and imposed on the owners of these an adequate special contribution, in reasons owners ' share of stock of the other expenses are allocated.
(4). To the extent that under the urban regulations, municipal level or local level will only be allowed a quite uniform use of the properties bordering on the road, the distribution can be made alone, having regard to the size of their configuration spaces or with similar amounts.
(5). For corner reasons and other reasons, there have more than one way, the façade is calculated only an appropriate reduced contributions. If a ground under section 6, paragraph 1, has obtained relief from vejbidrag to another public road, apart from the façade are by contribution calculation against this way.
(6). Plot size of the properties referred to in section 16, paragraph 1, shall be limited to the part of the area, there is no more than 40 m from the road. Vejbestyrelsen may derogate from this limit, provided that the provisions of the local plan or urban Statute on the property's future use of the grounds. The same applies for calculation of vejbidrag according to § 8, 3. PT.
§ 12. The rules in section 11 may be waived by agreement between the vejbestyrelsen and the landowners, who are covered by the distribution.
Presentation and convocation
§ 13. Before the vejbestyrelsen decide on the imposition of vejbidrag pursuant to section 3 or for redistribution pursuant to section 17, the proposal thereto is submitted for regular overhaul at least 3 weeks in a place that is convenient for the residents. About the presentation must be done prior to public announcement in place just leaves for vejbestyrelsens determination. In its promulgation must be entered a period of at least 6 weeks from kundgørelsens date for the submission of objections or amendments. At the same time, with the presentation to kundgørelsens text shall be forwarded to, as far as possible, all property owners affected by the proposal, and if the title emerges from the land register.
(2). The proposal must contain an indication of the work being performed, what part of the expenditure which is intended to be imposed on landowners, and the manner in which the contribution is intended to be shared among these. It must also be stated whether the works shall be carried out under one or to different times, and in the latter case, also the extent to which only later will be charged contribution.
(3). Instead of presenting the proposal for regular inspection as referred to in paragraph 1 may vejbestyrelsen with 14 days ' notice to convene the owners of the properties affected by the proposal, for a meeting, during which time explaining the content of the proposal, as indicated in paragraph 2. At the meeting shall fix a time limit of not less than vejbestyrelsen 3 weeks for access to vejbestyrelsen to submit objections and amendments. About it at the meeting passed a protocol.
(4). Resolution on deli meats and distribution of vejbidrag can only be taken when it is in (1) or (3) that time limit has expired. The decision sent notification to property owners affected by the decision, and if the title emerges from the land register.
§ 14. The cost of the roadworks shall be provided preliminary of vejbestyrelsen. The debtor can demand payment of vejbidraget after afdragsvis the rules in § 15. To the extent that the debtor can obtain loans in financial institutions, possibly against the municipality guarantee, on terms that correspond to what is determined by the vejbestyrelsen under section 15, vejbestyrelsen can, however, require vejbidraget paid cash.
Payment of vejbidragene
§ 15. Vejbestyrelsen shall determine, taking into account the size of a vejbidragets period of 5-15 years, of which this is to be paid. The sums due shall bear interest at any time by the debtor at an interest rate to be fixed by vejmyndigheden. Amounts of less than 1,000 DKK can be paid in cash.
(2). Vejbestyrelsen may decide to vejbidrag, which is established on the basis of the property value, to be paid through services that make up a fixed per mille of the property value. If the later increase in property value results in a shortening of the interest-only period, which is determined in accordance with paragraph 1, can vejbestyrelsen reduce the amount of future payments, so that the interest-only period will be unchanged. A landowner, whose performance as a result of the increase in property value has significantly increased, may require that such a reduction.
Suspension of payment of vejbidrag
§ 16. The owner of a property that is used for agriculture, forestry or outdoor horticulture, including Orchard, and which is not parceled into plots, may ask for deferral of the payment and the return of the part of vejbidraget in excess of the contribution for a normal developed detached house because in that area. The suspension ceases, when and to the extent that the land is transferred to the other application.
(2). When vejbidrag under section 11, paragraph 4, shall be allocated solely on the basis of the size of their configuration areas, can the owner of an undeveloped property, which are not exploited commercially, require payment and remuneration of one third of the vejbidrag imposed upon him, exposed for up to 10 years. The same court the owner of a plot of land that is developed with a-or tofamilieshuse, for that part of the area exceeding 1,400 m2, provided that no part of the property is exploited commercially.
(3). When exposure in accordance with paragraphs 1 and 2 with payment and rate of return of a portion of vejbidraget lapse or expire, be determined in accordance with the rules laid down in § 15 a maximum period for the payment of the amount.
Redistribution of vejbidrag
§ 17. If circumstances are taken into account in the distribution of vejbidrag, substantially altered, can vejbestyrelsen carry out the redistribution of the remaining part of the vejbidragene for all properties.
Lien in order
§ 18. Of the amount, as a municipality under the law have paid in advance, and for the amount that is paid in accordance with the vejbestyrelsens guarantee, mortgage and priority which the municipality for municipal property taxes. The amounts can be recovered by Lien in order in the contributory property.
(2). Payment arrangements in accordance with paragraph 1 and guarantee schemes under section 14 shall be included in the municipal property tax declarations.
(3). Amount referred to in paragraph 1 may also be recovered by deduction of wages, etc. in accordance with the rules for the collection of personal taxes in kildeskatteloven.
§ 19. The Municipal Council assists the Danish road Directorate with administration of vejbidrag of main roads in accordance with rules to be fixed by the Secretary of State 1) negotiated with the National Association of local authorities.
§ 20. Municipal boards of decisions after this law can be appealed to the Secretary of State, as far as legal issues.
(2). Complaint deadline is 4 weeks from the day the decision is announced. For the decisions, which are drawn up in the official announcement, the complaint period from the date of publication. When there is a particular reason to do so, however, after the appeal authority may advance obtained statement from vejbestyrelsen ignore the overshoot of the appeal deadline.
(3). Decisions are open to appeal shall indicate to which authority a complaint can be made, and whether the time limit for the submission of the complaint.
(4). Appeal against a decision does not relieve the complainant in order to comply with this. The appeal authority may, however, provide that the appeal shall have suspensive effect.
(5). Disputes between municipal authorities by røren the issues referred to in this law shall be governed by the Transport Minister.
(6). Decisions can be appealed in accordance with paragraph 1 may not be challenged before the courts, before this right of appeal is exercised. Legal proceedings must be brought within 6 months after the appeal decision is announced.
§ 20 a. Transportation Secretary can authorise the Danish road Directorate or another under the Ministry of Transport created the Board to exercise the powers in this Act conferred on the Secretary of State.
(2). The Transport Minister may lay down rules on access to appeal against decisions taken pursuant to the authority in accordance with paragraph 1, including that decisions should not be able to be referred to the Secretary of State.
Date of entry into force of
§ 21. This law shall enter into force on the 1. January 1973.
(2). Secretary of State shall lay down the transitional rules, which are necessary in the context of law enforcement.
(3). By the date of entry into force of the Act repealed sections 1-5 and § 7 of the law of 14. December 1857 on Streets, roads and waterways in Copenhagen, as amended by Act No. 85 of 31. March 1926.
§ 22. This law shall not apply to the Faroe Islands and Greenland.
Act No. 583 of 24. June 2005 on amendments to the law on public roads, law on private common roads, law on the Community contribution to the law on public roads, winter maintenance and the upkeep of roads as well as the law on the procedure for expropriation of real estate (Mintage of local government reform, with regard to road and expropriation legislation), if section 3 contains an amendment to sections 1 and 2 and sections 19 and 20, includes the following entry into force and transitional provisions :
(1). The law shall enter into force on the 1. January 2007, see. However, paragraph 2.
(2). (Omitted, does not relate to the amendments Act § 3).
(3). (Transitional provision, omitted).
(4). (Transitional provision, omitted).
(5). Cases relating to roads, which at the entry into force of the Act is not completed by the County Council, shall be transferred to the vejbestyrelse, which takes over the road in question. Cases involving kommunevej nr. 170 and 171, which, by the date of entry into force of the Act is not completed by the Bornholm Municipality, passes to the Danish road Directorate.
(6). (Transitional provision, omitted).
The Ministry of transport, the 22. May 2008 Carina Christensen/Knud Erik Andersen Official notes 1) the name of the Minister and the Ministry is in the whole Legislative Decree changed to the Transport Minister and the Ministry of Transport as a result of a Royal resolution of 23. November 2007.