We are specialists in matters relating to the social housing sector, and we advise social housing organisations and private operators on all legal issues in relation to social housing. We have detailed knowledge of the special nature of the social housing sector and the rules governing the sector, and we provide specialist advice all over the Denmark in all legal areas of relevance to the sector and its partners regardless of the problems facing our clients.

A highly specialised team

Our team consists of highly specialised partners, lawyers and economists with extensive experience with respect to matters relating to the social housing sector.  Our specialists  cover all legal areas of relevance to the social housing sector, including transactions, tenders, construction and planning issues. Some have been deeply involved in the drafting of social housing legislation and regularly participate in pre-legislative work. Consequently, we are well prepared to provide advice on all legal issues and all matters relating to the social housing sector.

Advice on all aspects of the social housing sector

We advise both social housing associations and private operators, for instance property developers, pension providers, contractors, architects, engineers etc who cooperate with social housing organisations on the development, construction and renovation of social housing.

We have the strongest network in the property industry and we use it proactively together with our sound commercial insight to create tailored and commercially viable solutions in the cooperation between the social housing organisation and the relevant private operators. 

We advise on:

  • new developments and renovation of social housing
  • the commitment process
  • cooperation between social housing organisations and private operators
  • conversion of existing buildings into social housing 
  • development of both social housing and private housing which are subject to requirements to include social housing
  • acquisition and sale of land or properties
  • tenders and contracts, including drafting of tender conditions, construction and consultancy contracts etc 
  • project cooperation agreements and public-private partnerships 
  • implementation of statutory development plans under the parallel society package 
  • establishment of ancillary activity companies (Danish: sideaktivitetsselskaber) and organisation of activities
  • establishment and organisation of companies for the purpose of development and use of land (Danish: arealudviklingsselskaber)
  • advice on building density
  • partnerships between municipal, social and private operators on the development and use of land
  • supervisory matters

Our exceptional knowledge of the social housing sector and our involvement in the drafting of social housing legislation enable us to solve complex issues in all the mentioned areas.

New developments and renovation of social housing

We provide advice when social housing organisations are to execute building projects in the form of either new developments or renovation of existing housing. We provide advice during the entire process and assist in tailoring solutions for the project that is to be implemented.

We have in-depth knowledge and understanding of the conditions and rules governing social housing organisations, including the operational procedures of the supervisory authorities and their approach to social housing and renovations as well as the tenant participation process. This knowledge is valuable regardless of whether we are advising social housing organisations or private operators in relation to new developments and renovation of social housing. 

Moreover, we have extensive experience of providing advice on tender and contracting issues in relation to new developments and renovation of social housing. We advise social housing organisations on, for instance, how to define a tender strategy and how to choose a tender process, drafting of all relevant contract documents and completion of the tender process until the signing of a contract. Irrespective of the nature and the complexity of the relevant project we provide strategic and operational solutions, taking into account both the fundamental procurement law rules and the sector’s sustainability goals etc.

Economy is a fully integral part of any tender process. Social housing organisations must describe in their tender conditions all parts of the evaluation model which should be applied in connection with the evaluation of tenders. Also, a specific assessment must always be made as to which model will be suitable to identify the most economically advantageous tender. We have sound knowledge of the different models and often provide advice on the choice of a model, including an account of advantages and disadvantages of various models in relation to the specific tender.

Following the signing of a contract, we advise on all matters that might arise during the execution of the work and management of any disputes.

When it comes to private operators, we often provide advice on the drafting of tenders, including with respect to review and assessment of tender conditions, construction and consultancy contracts, definition of a tender strategy and quality assurance of tenders prior to the submission of tenders. Following the signing of a contract, we also advise on all issues that might arise during the execution of the work and management of any disputes. 

Cooperation between social housing organisations and private operators

We advise on all issues when social housing organisations and private operators enter into cooperation on the construction of social housing, including in connection with private development projects which are subject to requirements to include social housing, and in connection with the development of existing social housing areas. 

We have thorough knowledge of the challenges that might be facing social housing organisations and private operators, and we ensure operational, balanced and aligned bodies of contracts which support social housing legislation as well as the commercial market in which the parties’ agreements are to be applied by means of a project and transaction process. 

Our clients often use us as the unifying adviser coordinating and communicating the knowledge of all advisers to pave the way for overall solutions. Our specialists have unique knowledge of the “delegated client model” (Danish: den delegerede bygherremodel), for instance through involvement in the development of the model and subsequently in connection with the implementation of a large number of projects using the model. 

Our expertise covers all aspects of the cooperation, including when the cooperation model may most appropriately be used, how the cooperation model will affect both the social housing sector and the private operator in the specific situation, negotiation of an agreement package and completion of a tender process etc.

Under this model, the private operator guarantees realisation of the building development vis-a-vis the social housing organisation and manages the housing organisation's duties under the procurement rules. We have extensive experience of advising private operators on the tender rules and assisting with the completion of tenders, including definition of a tender strategy, drafting of all relevant tender and contract documents and management of the process up to the signing of a contract and, as a result, ensuring that it proceeds according to the rules and that the tender documents match the realisation of the project.  

Based on our in-depth knowledge of the cooperation model we have developed sets of agreements which protect the parties throughout the entire project. 

Conversion of existing buildings into social housing

We advise on all aspects of the conversion of existing buildings into social housing.

Accordingly, we advise on:

  • property acquisition
  • project development
  • rules concerning ancillary activities (Danish: sideaktiviteter) and ancillary activity companies (Danish: sideaktivitetsselskaber), including organisation of division structures and operation etc

In close cooperation with our clients we communicate with the various operators, from chartered surveyors, neighbours and utility companies to public authorities, private operators and mortgagees.

We have an uncompromising approach, and consequently our specialists in the relevant legal areas are involved in order that we may solve a matter correctly and in the manner that is most optimal to our client. In our experience, an open and constructive dialogue helps to ensure the best overall solution for all involved parties.

Our specialists