Legal effects

Temporary legal effects

When a proposal for town plan or addendum has been published, areas, building and facilities covered by the proposal may not built or otherwise utilized in a way that can cause risk of an anticipation of the final town plan or addendum.

If no timely objections have been received at the expiration of the deadline for submitting comments and amendments, cf. section 23, subsection 3 of the Planning Act, the municipal council may allow an area covered by a proposal for town plan or addendum to be built or otherwise utilized in accordance with the proposal for town plan or addendum.

The above provisions apply until the proposal for town plan or addendum has been promulgated publicly announced, cf. section 25, but not more than 1 year from the date of submission of the proposal.

Legal effects

When the town plan or addendum has been adopted by the municipal council and promulgated, areas, building and facilities covered by the plan may only be used or developed in a manner that complies with the provisions of the plan.

The municipal council is to promote the implementation of the town plan, including when allocating areas, cf. part 6 (section 29) of Greenland Parliament Act no. 17 of 17 November on spatial planning and area use.

Pursuant to section 14, sub-section 3, no. 3, and section 14, sub-section 3 of the Planning Act, the provisions of the town plan are legally binding on the owner of a property or the user of an area for the time being.

The municipal council can ban the establishment of areas, buildings and facilities that can be prevented by preparing provisions for a subarea, according to section 14, sub-section 3, no. 3, and section 14, sub-section 3 of the Planning Act.

The ban can apply for a period of up to one year and only one time. The ban is to be promulgated.

Following negotiations with the municipal council, the Government of Greenland may define deadlines for the implementation of municipal planning.