New Planning Act

On 1 January 2024, a new Planning Act came into force in Greenland. In Consolidation Act No. 4 of 25 January 2024, it was announced that Inatsisartutlov No. 17 of 17 November 2010 on Planning and Land Use has been amended with the amendments resulting from Inatsisartutlov No. 34 of 9 December 2015 and Inatsisartutlov No. 66 of 20 November 2023.
Until 2010, there was a division of municipal physical planning into an overall municipal planning with separate plans for smaller settlements and a detailed area planning with Local Plans within residential zones (previously these were called urban zones and settlement zones) as well as open-country plans for areas in the open countryside. In the new Planning Act, the concepts of City and Settlement have been consistently replaced by the concept of Residences regardless of how large the Residence is. With a new Planning Act in 2010, the previous different plan levels were combined and replaced by one plan level, where the municipal plan brings together both overall and detailed provisions, provisions for the open countryside and provisions for land allocation. This means that when changes are made to both Overall Provisions and Detailed Provisions, this is done directly in an ongoing revision of the municipal plan in a municipal plan supplement. Previously, changes to the Detailed Provisions were made in independent Local Plans.
With the new Planning Act, which came into force on 1 January 2024, the planning system was again divided into 2 plan levels. It now includes General Framework Provisions and Detailed Local Plan Provisions. This means that independent Local Plans can again be prepared when needed. These Local Plans must have Detailed Local Plan Provisions, which must not deviate from the General Framework Provisions.
The new Planning Act defines the conditions on which General Framework Provisions must always be made for the Sub-Areas of the Municipal Plan. These provisions were previously called General Provisions. All settlements and open land are divided into Sub-Areas.
If there are requests for construction and other activities that are not in accordance with the General Framework Provisions for the Sub-Area involved, the General Framework Provisions must be revised. This is done in a municipal plan supplement. When the new General Framework Provisions are adopted, they are included as part of the overall Municipal Plan.
The new Planning Act describes which provisions the Municipal Council may choose to define as Detailed Local Plan Provisions. In previous Planning Acts, similar provisions were referred to as Detailed Provisions. Local Plans must be adopted in the settlements where land allocations for activities with fixed Values are to be issued.

Exemptions

There is no exemption from the General Framework Provisions. In previous Planning Acts, similar provisions were referred to as General Provisions, and these could not be exempted from either. If there is a need to change the General Framework Provisions, this triggers a planning obligation to carry out a process described in the new Planning Act.
Exemptions from Detailed Local Plan Provisions that have an impact on neighbours or other parties may only be granted after at least 2 weeks have passed since the Municipal Council has heard the neighbours or others deemed to have a significant and individual interest in the outcome of the matter. The hearing must contain information on what the exemption is being sought for and that any comments must be submitted within a period of at least 2 weeks.

32-ban

The Municipal Council has the option of prohibiting the establishment of conditions that can be prevented by setting regulations for a sub-area. This prohibition can apply for up to one year and can only be imposed once. It is important that the prohibition is published so that everyone is aware of it. The Government of Greenland may, after negotiating with the Municipal Council, set deadlines for when the municipal planning must be implemented.

Temporary and final legal effects of municipal plans

The Municipal Council is responsible for implementing the municipal plan, including the allocation of land. The provisions of the municipal plan are legally binding on property owners and land users.

When a Municipal Plan or an amendment to the municipal plan has been finally adopted and published, no conditions may be established that conflict with the provisions of the plan or the terms of land allocation, unless an exemption has been granted.

When a proposal for a Municipal Plan or an amendment has been published, the affected areas, buildings and facilities may not be developed or used in a way that could affect the final plan. If no timely objections have been received after the deadline for comments and amendments, the Municipal Council may allow the areas to be developed or used in accordance with the plan. These provisions apply until the plan or amendment has been finally published, but not more than one year from the submission of the proposal (section 32 prohibition).

The Municipal Council may prohibit the establishment of conditions that can be prevented by establishing regulations for a sub-area. This prohibition may apply for up to one year and only once, and it must be published.

The Government of Greenland may, after negotiation with the Municipal Council, set deadlines for the implementation of municipal planning.