1 October 2025
New Danish legislation provides fast-track framework for defence and emergency preparedness projects
The Danish Parliament has passed a new act to ensure fast-track procedures for construction projects serving essential national defence or essential civil preparedness purposes.
The act (no. 1097 of 15 September 2025) has entered into force with immediate effect and authorises the state to assume, by means of executive orders, certain public law powers vested with other public authorities, derogate from existing rules and regulation and prevent or restrict complaints procedures. This means that it will be possible to make exemptions from general rules and requirements relating to administrative permits etc. within the fields of building, planning, environment and nature regulation in connection with specific construction projects or specific operating activities. The act also provides a separate legal basis for expropriation of property. In exceptional situations, it will also be possible to derogate from other legislation and administrative decisions without public involvement.
Quote by Christian Taksøe
“In light of the new act, we see a strong need for the industry to quickly adapt to the new framework. The act creates new opportunities for projects of critical importance to defence and civil preparedness – but will presumably impose stricter requirements in relation to swift legal clarification.”
Overall, the act grants extensive powers for the execution of projects serving an essential national defence purpose or an essential civil preparedness purpose. However, it will in all cases be a requirement that deviations from existing rules and requirements are necessary in relation to the implementation of the specific project. Furthermore, it is a general assumption that the regulation is designed in the least intrusive way.
The act expires on 31 December 2028 but applies to projects initiated before the expiry date.
What does it mean for the industry?
For the construction industry, the act provides not only shorter project completion times and new opportunities to participate in security-critical projects, but also stricter security and confidentiality requirements, quick legal clarification, shorter complaints deadlines and close coordination with the authorities. Projects such as new barracks, training areas, logistics centers and other military installations, as well as civil preparedness centers, including emergency response centers and supply warehouses etc., are among the initiatives that could potentially benefit from the law's faster and more streamlined processes.
Furthermore, it will be important to consider and assess, in each individual case, whether the criteria for derogating from general rules and requirements are met.
What can your company do?
Construction companies interested in participating in new security-critical projects for defence and civil preparedness should already now familiarise themselves with the provisions of the new act. If you are considering bidding for projects and forming strategic partnerships, it is imperative to monitor new executive orders continuously and to seek early legal advice.
Bruun & Hjejle’s legal services
Bruun & Hjejle follows the developments in the industry closely. We have in-depth knowledge and broad experience of handling major public construction projects, also in the defence sector. If your company needs advice, or if you have any questions about this newsletter, please contact us.