Ordinance To The Law On Construction And Housing Registration

Original Language Title: Bekendtgørelse af lov om bygnings- og boligregistrering

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Ordinance to the law on construction and housing registration

Hereby promulgated law on construction and housing registration, see. lovbekendtgørelse nr. 160 of 8. February 2010, with the changes imposed by § 2 of the law No. 389 of 2. may 2012 and § 2 of the law No. 640 of 12. June 2013.

§ 1. The Minister for urban, housing and rural areas shall establish and operate a nationwide directory with information about construction and housing conditions as well as technical installations, etc., each municipality is leading this directory in accordance with rules to be fixed by the Minister for urban, residential and rural areas.

(2). Building and housing registry (BBR) aims to 1) contain basic data on construction and housing conditions as well as technical installations, etc., 2) contain a unique record of all buildings, residential and commercial units as well as those in the register recorded technical equipment and technical devices, etc., as well as the related address designations and 3) make data available for public authorities, utilities, individuals and businesses.

(3). The cost of the register's maintenance and operation shall be borne by the Municipal Council. The Minister for urban, housing and rural development may lay down rules on the distribution of costs between the individual municipalities.

(4). The Minister for urban, housing and rural areas is data responsible authority.

section 1 a. Minister of city, residential and rural areas can authorise another public authority or a private company to establish, operate and develop the register. The Minister for urban, housing and rural lays down detailed rules on how the authority or the Corporation shall establish, operate and develop the construction and Housing register and provide operational tasks in accordance with paragraph 2. Requirements specifications, etc., are drawn up by the authority or the company after the Minister for urban, residential and rural areas further instructions.

(2). Authority or corporation who shall be authorised in accordance with paragraph 1 is required to provide the task with the establishment, operation and development, etc. of the register on a regular basis. The supply must follow the rules of Community law for the award of public contracts applicable to bodies governed by public law within the scope of the public procurement directive.

(3). Decisions taken in connection with the implementation of this law and in accordance with the negotiated provisions established thereunder may be appealed to the klagenævnet for Udbud according to the rules of law on the klagenævnet for Udbud and provisions thereunder.

(4). The authority or the company shall make the register available to municipalities for updating, querying and prints.

(5). The Minister for urban, housing and rural development may lay down detailed rules for the supply of data from the register.

(6). The Minister for urban, residential and rural areas oversees the authority or the company with regard to the register. The Minister for urban, housing and rural development may lay down detailed rules concerning the Authority's or the company's information to be given to the Minister for urban, housing and rural development.

(7). The Auditor General may require the company's accounts submitted for review.

§ 2. In Building and housing register shall be recorded information about: 1) each building identification, opførelsesår, location, size, technical features, furnishings, installations, energy supply and use and about 2) every residential or commercial device identification, oprettelsesår, size, rent conditions, interior design, installations, energy supply and use.

(2). The Minister for urban, housing and rural development may lay down rules on the registration of other information on construction and housing conditions as well as of technical installations, etc., which are important for the performance of tasks incumbent upon the public authorities or have other major importance for society.

(3). Municipal Board may, on its own initiative and on their own account, build administrative systems on building and Dwelling register interface.

(4). The Minister for urban, housing and rural areas can be negotiated with the Defense Minister and the Minister of Justice lay down special rules for the registration of information relating to the properties, buildings and technical installations, etc., used by the Ministry of defence and the Ministry of Justice.

§ 3. It is the responsibility of the local authority to ensure the necessary uniqueness and quality in the registration of building and housing conditions as well as technical installations, etc.

(2). The municipality has after prior notification, without a court order and on presentation of proper identification access to any property for the purpose of external visual inspection and measurements in order to provide information for the purposes of the registration of the building and housing register. The municipality may, by assuming that there are significant discrepancies in the information that the owner is liable to cast, with court order access for internal inspection and surveying.

(3). The Minister for urban, residential and rural areas oversees the conveyance of municipal Building and housing register, as well as with municipalities ' efforts with timely reporting and follow-up on information in construction and Housing register.

(4). The municipalities shall, at the request of the Minister, on behalf of the city, housing and rural areas provide information, data and documents, which are necessary for the exercise of supervision.

(5). The Minister for urban, housing and rural areas and municipalities can link information from other data sources with the construction and Housing register so as to ensure sufficient and correct information for the purpose of registration.

(6). Register information may not be used for the control of energy consumption.

section 3 (a). The Municipal Council shall determine the names on public roads, see. § 1 of the law on public roads.

(2). For main roads be fixed names, however, after negotiation with the road Directorate.

(3). A street name that already exists within that postal code, must not be set to a different path within the same zip code.

§ 3 (b). The Municipal Board of Directors determines the individual house numbers for built-up properties with access to public roads and other properties that is parceled out for the purpose of settlement, and where there is access to the road. For main roads house numbers, however, can only be determined after the consent of the Danish road Directorate.

(2). The Municipal Council may provide for house numbers for undeveloped land, plants, etc., who have access to public road. For main roads house numbers, however, can only be determined after the consent of the Danish road Directorate.

(3). The Municipal Council can change the individual house numbers, for main roads, however, only after the consent of the Danish road Directorate.

§ 3 c. property owners must set up house number signs, indicating the town councillor house numbers provided in such a way that they are visible from the entrance road space.

(2). Detailed provisions on the construction and placement of signs with house numbers, as well as illumination of the house number signs could be fixed by municipal Council, for the main roads, however, only after negotiating with the Danish road Directorate.

(3). The Minister for urban, housing and rural development may lay down rules to the effect that the local authority may require that the owner's measure and at its expense to set up signs with indication of the set dørbetegnelser.

§ 3 (d). § § 3a-3 c shall apply mutatis mutandis to private common roads, see. § 2 of the law on private common roads.

(2). For private roads, internal roads, squares, squares and the like. the Municipal Council may, after consultation with the individual landowner fix road names and house numbers, see. sections 3 (a) and 3 (b).

(3). The Municipal Council may provide that the private roads, etc., see. paragraph 2, which provided for house numbers, by the owner's action and for his expense shall be provided with vejnavneskilte, which designed and illuminated in accordance with the same rules that apply to the other street names signage in the area.

§ 3 e. Municipal Board of Directors determines the address designations for individual buildings, residential and commercial units, technical equipment and technical devices, etc.

(2). Address designation for the individual building and for the individual technical installations, etc. consists of postcode, street name and house number, including possible letter. In buildings and technical installations, etc., for which there is more than one main access road, can be made for a separate address designation for each route.

(3). Address designation for the individual units may consist of floor designation as well as the page title or dørnummer.

section 3 (f). The Minister for urban, housing and rural development may lay down detailed rules on assignment and change of address designations and signage with this regulation. sections 3 (a)-3 (e), as well as additional requirements to ensure they address geographical uniqueness and their registration.

(2). The Minister for urban, housing and rural development may, in agreement with the data the competent authorities lay down rules to the effect that the registration referred to in paragraph 1 is to be associated with other administrative designations such as cadastral number, building number, real number and the like.

(3). The Minister for urban, housing and rural areas can be negotiated with the Defense Minister and the Minister of Justice lay down special rules for assignment and change of addresses relating to real estates, buildings and technical installations, etc., used by the Ministry of defence and the Ministry of Justice.

(4). It is the responsibility of the Minister for urban, housing and rural areas to take measures to ensure that information about zip codes and their geographic scope is available to users.

§ 3 g. Disagreement between municipalities or between a municipality and the Danish road Directorate fixing the road names are determined by the Minister for urban, housing and rural areas.

§ 4. Public authorities and owners of registered buildings, units, etc., must be in accordance with the rules laid down by the Minister for urban, housing and rural areas, provide information for the use of the register's operation.
(2). Public and private enterprises and others. may, in accordance with the rules laid down by the Minister for urban, housing and rural areas, provide information for the use of the register's operation.

(3). The Minister for urban, housing and rural areas can lay down rules about possibly consideration of information provided pursuant to paragraph 2.

(4). Companies that provide electricity, district heating, natural gas, coal gas, or heating oil, according to rules to be fixed by the Minister for urban, housing and rural areas, provide information about the individual end user's energy consumption and installations for the use of the register's operation.

(5). The Minister for urban, housing and rural areas can lay down rules about UREnerginet.dk .com's provision of information about the individual end user's energy consumption and installations for the use of the register's operation.

§ 5. At the request of public authorities must be from the register shall be notified of such information relevant to a case decision or for the Authority's business.

(2). Utilities have the right, upon request, to familiarize themselves with the building and Dwelling register registered in current information relevant to a case decision or for the company's activities.

(3). Companies, etc. have on request the right to familiarize themselves with the building and Dwelling register registered in current information for use in the normal operation of companies, etc., of that species or for use in other legal purposes.

(4). Private individuals have the right, upon request, to familiarize themselves with the building and Dwelling register registered in current information.

(5). Personally identifiable information about the energy consumption of Buildings and housing register can only be disclosed to the property's owner, public authorities and the public information server's data distributors. However, such information may also be disclosed to companies and persons who according to the law on the promotion of energy savings in buildings, are entitled to draw up energy labelling of buildings or perform inspection of boiler and heating installations in buildings when the transfer happens to use for preparation of energy labelling or execution of overhaul. The Minister for urban, housing and rural areas may also disclose personally identifiable information about the energy consumption of Buildings and housing registry for research use.

§ 6. Information from construction and Housing register can be used for the purpose of placing on the market in accordance with the rules of the law on the processing of personal data and law on marketing.

(2). The Minister for urban, housing and rural areas can be negotiated with the Defense Minister and the Minister of Justice lays down special rules for the disclosure of information relating to the properties, buildings and technical installations, etc., used by the Ministry of defence and the Ministry of Justice.

(3). Information about owners ' and tenants ' economic conditions and about the relationship, which, incidentally, has significant importance for the protection of the interests of owners and tenants may not be divulged. The Minister for urban, residential and rural areas may, however, lay down rules to the effect that disclosure of such information can be made on the terms and conditions.

(4). Data supplied from the building and Dwelling register must be stored securely.

(5). The Minister for urban, housing and rural development may lay down rules on the storage, use, destruction, and disclosure of information pursuant to section 5 and section 6, paragraphs 1 to 4.

(6). The Minister for urban, housing and rural lays down rules on the remuneration for the registry's services, including remuneration for owners and tenants right.

§ 7. It is the responsibility of the Minister for urban, housing and rural areas to search carried out such rules or measures, that is, to the extent possible, coordination and simplification of registration of information related to real estate and other location specific information.

(2). It is the responsibility of the Minister for urban and rural housing, to craft a unique common property reference and make it available for the registration of information about properties.

(3). The Minister for urban, housing and rural lays down after negotiation with the concerned line Ministers detailed rules regarding the registration and use of the common property reference.

(4). It is the responsibility of the Minister for the town, housing and rural development, to the extent possible, to facilitate the exchange of information between registries containing information as referred to in paragraph 1 and records containing information about people and businesses.

(5). It is the responsibility of the Minister for urban, housing and rural areas to establish the framework and conditions for the transmission of information pursuant to paragraph 1, to ensure that this information is available in a simple and secure way. If the receipt of the information referred to in paragraph 1 is subject to a fee in accordance with other legislation, the Minister may, on behalf of the city, housing and rural areas at the receiver of the information collect a similar amount to cover taxes. The Minister for urban, housing and rural areas may also charge a fee to users of services who are established for the purpose of disclosure of information to use in the trade of real estate, etc., to cover the costs for the installation, operation, maintenance, development and administration of the services.

§ 8. Unless a higher penalty is inflicted upon the rest of the legislation, is punishable by a fine anyone who deliberately or through gross negligence) fails timely to announce information 1 charged pursuant to section 4, paragraphs 1 and 4, 2) give off false information for the building and housing register, 3) without permission information from the building and appropriates the housing register, 4) violates the terms of the examination of the information provided or 5) fails to setup the correct house number sign in accordance with § 3 c (1).

(2). In the regulations, issued in accordance with the law, can be fixed penalty of fines for violation of the provisions of the legislation.

(3). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.

§ 9. In cases of violations of section 3 c, paragraph 1, and article 4, paragraph 1, as well as infringements of the regulations issued under the law, the municipality may make the person concerned, that the matter can be settled without judicial proceedings, provided that he or she recognizes guilty of infringement and declare their readiness to within a specified time limit may be extended upon request, to pay a fine specified in the manifestation of a maximum of 5000 DKK.

(2). With regard to the indication referred to in paragraph 1 deems the provision in the code of civil procedure concerning the content of the indictment in police proceedings mutatis mutandis.

(3). Paid the fine in a timely manner, or will be, after adopting a recovered or served, lapses further prosecution.

(4). Proceeds from agreed fine specimen in accordance with paragraph 1 shall be allocated according to the Minister, on behalf of the city, housing and rural arrangements between the State and the municipality concerned.

section 9 (a) the decisions of the Board of Directors in accordance with § § municipal 3 a-3 (e) can be appealed to the Secretary of State for town, housing and rural areas, with regard to legal issues.

(2). Complaint deadline is 4 weeks from the day the decision is announced. For the decision, which was made public announcement, the complaint period from the date of publication. When there is particular reason thereof, may appeal authority to disregard 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). Decisions can be appealed in accordance with paragraph 1 may not be challenged before the courts before the appeals procedure is utilized. Legal proceedings must be brought within 6 months after the appeal decision is announced.

§ 10. The law shall enter into force upon the decree in the Official Gazette.

§ 11. The law does not apply to the Faroe Islands.

(2). The law does not apply to Greenland, but may by Royal Decree put into effect with the discrepancies that the Greenlandic conditions warrant.

Act No. 389 of 2. may 20121) contains the following entry-into-force provision:

§ 4 paragraph 1. The law shall enter into force on the 1. July 2012.

Paragraphs 2 to 5. (omitted)

Act No. 640 of 12. June 20132) includes the following entry-into-force provision:

§ 3 paragraph 1. The law shall enter into force on the 1. July 2013.

(2). (omitted)

The Ministry for town, housing and rural areas, the 5. September 2013 Carsten Hansen/Christian Lützen Official notes 1) Amendment relates to section 4, paragraphs 4 and 5, and article 5, paragraph 5.

2 Amendment relates to clause 4), paragraphs 4 and 5, § 5, paragraph 5, and article 9 a, paragraph 6.