Message 001
Communication from the Commission - TRIS/(2026) 2593
Directive (EU) 2015/1535
Notification: 2026/0506/DK
Notification of a draft text from a Member State
Notification – Notification – Notifzierung – Нотификация – Oznámení – Notifikation – Γνωστοποίηση – Notificación – Teavitamine – Ilmoitus – Obavijest – Bejelentés – Notifica – Pranešimas – Paziņojums – Notifika – Kennisgeving – Zawiadomienie – Notificação – Notificare – Oznámenie – Obvestilo – Anmälan – Fógra a thabhairt
Does not open the delays - N'ouvre pas de délai - Kein Fristbeginn - Не се предвижда период на прекъсване - Nezahajuje prodlení - Fristerne indledes ikke - Καμμία έναρξη προθεσμίας - No abre el plazo - Viivituste perioodi ei avata - Määräaika ei ala tästä - Ne otvara razdoblje kašnjenja - Nem nyitja meg a késéseket - Non fa decorrere la mora - Atidėjimai nepradedami - Atlikšanas laikposms nesākas - Ma jiftaħx il-perijodi ta’ dewmien - Geen termijnbegin - Nie otwiera opóźnień - Não inicia o prazo - Nu deschide perioadele de stagnare - Nezačína oneskorenia - Ne uvaja zamud - Inleder ingen frist - Ní osclaíonn sé na moilleanna
MSG: 20262593.EN
1. MSG 001 IND 2026 0506 DK EN 16-09-2026 DK NOTIF
2. Denmark
3A. Erhvervsstyrelsen
Langelinie allé 17
2100 København Ø
Danmark
+45 35 29 10 00
notifikationer@erst.dk
3B. Plan- og Landdistriktsstyrelsen
Carsten Niebuhrs Gade 43
21577 København V
Tlf.: 33 30 70 10
E-mail: plst@plst.dk
4. 2026/0506/DK - SERV - INFORMATION SOCIETY SERVICES
5. Act Amending the Act on the Letting of Real Property for Holiday and Recreational Purposes, etc. and Camping, etc. (Enhanced supervision and enforcement, etc.)
6. Information society services in the form of intermediary services and online platforms facilitating the letting of properties for holiday and recreational purposes.
7.
8. This notification relates solely to the proposed provisions in Section 10a(10) and (11).
Under Section 10a(10), the supervisory authority may order providers of intermediary services to provide specific information on one or more specific individual recipients of the service that is necessary for the supervision of Section 1 (1) no. 1 and (4) and Section 5, and Section 5, cf. Section 6(1) of the Holiday Home Act.
The information that may be requested is limited to what is necessary for the handling of the specific supervisory case, such as information about the rental property, periods during which the property has been used or reserved for the owner’s or user’s own use and information about the letting activity, including the number of days let. Information may also be requested regarding financial circumstances relevant to the case, including details of rental income.
Under Section 10a(11), the supervisory authority may order providers of intermediary services to remove advertisements or block bookings in rental advertisements that are contrary to Section 1(1) no. 1 and (4), Section 5, or Section 5, cf. Section 6(1).
Injunctions issued pursuant to Section 10a(10) and (11) may be directed both at providers of intermediary services established in Denmark and at providers not established in Denmark when they act as intermediaries for properties located in Denmark.
Orders issued pursuant to the regulations must comply with the requirements of Articles 9 and 10 of Regulation (EU) 2022/2065 on a single market for digital services (Digital Services Act).
9. The proposed provisions are intended to ensure the effective enforcement of the rules in the Holiday Home Act concerning the letting of properties for holiday and recreational purposes, etc., in particular the rules in the act setting a limit on the number of days per year that an owner or user may let their own full-time residence for holiday and recreational purposes, etc. The main purpose of the Holiday Home Act is to prevent increased pressure on the country’s recreational areas. The Holiday Home Act also serves a housing supply objective by regulating demand for property used for recreational purposes. This aim is not limited to holiday and second homes, but also includes year-round residences, including the consideration of preventing the purchase of year-round residences for commercial holiday rental purposes.
The proposed provisions are intended to support the effective enforcement of the rules set out in the Holiday Home Act and in so doing, serve both recreational and housing supply objectives.
9a. The evaluation of the supervision of the rules governing the letting of own year-round residences from 2025 shows that, with the current enforcement tools, it is not possible to effectively supervise the provisions of the Holiday Home Act stipulating that an owner or user may only let their own year-round residence for holiday and recreational purposes, etc. for 30/70/100 days, particularly due to a lack of access to necessary, valid and verifiable information on letting activity. Without access to this information, the provisions of the Holiday Home Act cannot be effectively enforced, which undermines the protection of the public interests set out in the point 9, including the need to ensure an adequate supply of housing.
A significant percentage of the brokering of rental of residential properties for holiday and recreational purposes, etc. located in Denmark takes place through providers of intermediary services, including providers established outside of Denmark. The proposed provisions therefore allow the supervisory authority, in specific supervisory cases, to issue orders to those providers to provide specific information and to remove advertisements or block bookings. The provisions apply only in specific supervisory cases and in accordance with the conditions laid down in the Holiday Home Act and are therefore considered suitable to support the enforcement of the rules of the Holiday Home Act in relation to rentals facilitated through providers of intermediary services.
9b. The proposed provisions have a limited scope in that they merely enable the supervisory authority to issue orders to providers of intermediary services in specific supervisory cases concerning compliance with the Holiday Home Act when the relevant conditions are met. It also follows from recital 38 of the Digital Services Act that orders to take action against specific illegal content or to provide specific information to service providers established in another Member State do not, in principle, restrict those providers’ freedom to provide their services across borders.
In a number of cases, enforcement of the rules of the Holiday Home Act requires access to information about, among other things, the rented property, periods during which the property has been used or reserved for the owner's or user's own use, as well as information about rental activity, including the number of rental days. This applies both to supervision of rules based on objective criteria, including the extent of the letting, and to rules based on a specific assessment of the letting activity.
The evaluation of the supervision of the rules on letting own permanent year-round residences from 2025 shows that the current enforcement tools do not give the supervisory authority access to the information necessary to carry out effective supervision of the provisions of the Holiday Home Act.
The legislative proposal therefore imposes a duty of disclosure on the owners and users of the property. However, that obligation to provide information cannot always stand alone because it must be applied in a manner consistent with the right not to incriminate oneself.
Under current law, the supervisory authority may contact providers of intermediary services in order to obtain the necessary information or request the removal of advertisements. Since, under current law, providers of intermediary services are not legally obliged to comply with requests from the supervisory authority for information or for the removal of advertisements, the supervisory authority cannot, in all cases, obtain the information or take the enforcement measures necessary to identify and document infringements and to end unlawful letting activities.
The existing possibilities to obtain information from owners and users, as well as to contact providers of intermediary services, are therefore not considered sufficient. Against this background, the proposed provisions are considered to constitute the least restrictive measure capable of ensuring compliance with the rules of the Holiday Home Act.
9c. The purpose of the proposed provisions is to ensure the effective enforcement of the rules set out in the Holiday Home Act and thereby safeguard the public interests described in point 9, namely the protection of recreational areas and the need to ensure an adequate supply of housing.
The provisions do not impose general supervision obligations, ongoing reporting obligations or record-keeping obligations on providers of intermediary services. They apply solely in specific supervisory cases and relate solely to specific information concerning identified service recipients or specific instances of letting in breach of the provisions of the Holiday Home Act. Orders to provide information may only be issued when the information is necessary for purposes of supervision and may only relate to information already collected for purposes of the provision of the service and which is under the control of the provider. Providers of intermediary services are therefore not required to collect or obtain new information.
The order to remove advertisements or block bookings may only be issued once the supervisory authority has established that the letting of the rental property in question conflicts with Section 1(1) no. 1, and (4), Section 5 or Section 5, cf. Section 6(1).
Without these powers, the supervisory authority will, in a number of cases, not be able to ensure compliance with the rules of the Holiday Home Act, which will weaken the protection of the public interests described in point 9.
Against this background, the administrative impact on providers of intermediary services is assessed to be limited and proportionate to the public interest objectives pursued.
10. References in the basic text: No basic text available
11. No
12.
13. No
14. No
15. No
16.
TBT aspects: No
SPS aspects: No
**********
European Commission
Contact point Directive (EU) 2015/1535
email: grow-dir2015-1535-central@ec.europa.eu
