Tourism Law in Europe

DENMARK | MARIE JULL SØRENSEN AND KIM ØSTERGAARD 129 aims to obtain a profit. Additionally, the accommodation needs to have guests staying overnight and be open to the public – not just to a small exclusive group of people. Moreover, there needs to be food services, for instance for breakfast, and they need to be connected to the place of accommodation. It is, however, acceptable that the provider of the food services is someone other than the owner of the accommodation. If the accommodation includes houses or cabins and they are rented out for more than five nights in a row, the accommodation is no longer exempted from the requirement for a license. However, if the accommodation facility complies with the required conditions to be categorised as a hotel, it still needs a permit to sell alcohol according to the law on Liquor Licence6. 3.2. Private accommodation 3.2.1. SUMMERHOUSES Previously, the most relevant area of regulation regarding private accommodation was the letting of summerhouses. A summerhouse is here defined as a house where the owner only lives during parts of the year, and besides the summerhouse the owner has a permanent residence in another house. This area is regulated in the Law of Letting of Property for the Purposes of Holiday and Leisure etc.7. Along with Article 40 of the Law on Planning, the area is regulated by a series of restrictions. The purpose of regulating this area is twofold. Jointly with the Law of Acquisition of Real Estate8, one of the purposes is to prevent foreigners9 and legal persons from buying up Danish holiday houses – keeping the letting of holiday houses from becoming a business. Furthermore, this strict regulation is seen as a way to hinder potential stress on recreational areas, thereby protecting the environment and nature10. 6 Lovbekendtgørelse 2019-07-05 nr. 692 om restaurationsvirksomhed og alkoholbevilling m.v. (Consolidated Law of Restaurants, Liquor License, etc.) 7 Lovbekendtgørelse 2013-07-03 nr. 949 om udlejning af fast ejendom til ferie- og fritidsformål m.v. og campering m.v. med efterfølgende ændringer (Consolidated Law of Letting of Property for the Purposes of Holiday and Leisure, etc.). 8 Lovbekendtgørelse 2004-21-03 nr. 265 om erhvervelse af fast ejendom (Consolidated Law on acquisition of Real Estate). 9 See also the Protocol 32 on the Acquisition on Real Estate in Denmark regarding the Treaties of the European Union. 10 Forslag til lov om ændring af lov om sommerhuse og campering m.v., lov om midlertidig regulering af boligforholdene og byggeloven LFF 2019-02-27 nr. 188 section 1 (Proposal of Law amending the Law on Summerhouses, etc.)

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