Member Article

For the past two years so-called 'monster rain' has hit Copenhagen in summer. The rain has flooded large areas in Copenhagen and neighbouring towns, and caused substantial damage to properties in the flooded areas, as well as closing major radial routes into Copenhagen. This update examines the ways in which the authorities intend to prevent damage caused by monster rain in future.

Individuals and companies that have been flooded - whether from the sea, lakes, watercourses or malfunctioning sewerage systems - may be able to claim compensation (for further details please see "Flooding: how to compensate for and avoid damage").Within the last couple of years, flooding has become increasingly frequent, with 2010 one of the rainiest years in recent times. In August 2010 one of the largest radial roads into Copenhagen was heavily flooded. In January 2011 many parts of Denmark were flooded as a result of a massive thaw after heavy snow that hit the country over Christmas 2010. On July 2 2011 the centre of Copenhagen was hit by monster rain, with approximately 120 millimetres of rain falling over a two-hour period.

This rain caused tremendous damage to properties in Copenhagen - the resulting damages 

paid out by insurance companies have so far exceeded Dkr6 billion (€807 million). The greatest problem with such monster rain is that high levels of impermeable surfaces in the built-up areas of towns prevent rainwater from seeping through the soil. Sewerage systems are often unable to cope with the large amounts of water, and overflow rainwater runs into basements and houses situated in low positions.

Investment not an option

All stakeholders acknowledge that investment in a new and larger sewerage system to 

cope with monster rain is improbable, as such rain statistically occurs only once every 

500 or 1,000 years, despite its occurrence at least once a year in recent years. The cost 

of expanding the Danish sewerage system to such an extent would amount to more 

than Dkr100 billion (€13.5 billion).

Position of insurance companies

Thus far, insurance companies have accepted that they must to continue to insure houses against damage from flooding caused by monster rain. However, some insurance companies have imposed higher deductibles and limitations on their coverage of basements and cellars.

The Danish Insurance Association has requested that houses that are most subject to flooding simply be demolished, and no other buildings be constructed on these sites. Furthermore, the association has argued that properties most liable to flooding from monster rain should be covered by the scheme applicable to flooding from the sea and streams, where compensation for damage is regulated by the Act on Flood and Storm Damage (349/2000, as amended). The scheme is financed by a special duty imposed on insurance companies. The association further argues that local municipalities have an obligation to prepare and publicise charts that show the level of threat from flooding for every property in the municipality.

Legislative steps

On March 28 2012 the minister for the environment, Ida Auken, introduced a bill to Parliament amending the Spatial Planning Act, suggesting that considerations for adaptation to climate change be included in the local plans that bind landowners in the Danish planning system. The bill is expected to be passed before the summer recess.The bill would allow municipalities to consider the climate change implications of all plans for new urban areas from the outset. Authorities would be required to stay on top of the flood risk situation - for example, by establishing requirements for the maximum area that can be covered by impermeable surfaces, to ensure that rainwater can seep through the soil, or by requiring that grass be laid on roofs to absorb rainwater and thus 

relieve the sewerage systems. Moreover, under the bill authorities would be entitled to lay down rules on the placement, extent and design of buildings in local plans, which might also contribute to promoting rainwater absorption or help it to seep through the soil.

The minister also plans to introduce a bill in the autumn that will make it possible for municipal sewerage companies to charge a specific fee for discharging rain and surface water into the public sewerage system. This scheme has been developed in order to encourage landowners to manage rain and surface water on their own 

property. Moreover, the bill will contain rules encouraging municipalities and sewerage companies to establish integrated rainwater and natural protection solutions, with a view to limiting the amount of rainwater in public sewerage systems. The bill is also expected to clarify what may be financed by charges from sewerage companies and what should be financed by municipalities (ie, via local taxes).In addition, in 2009 an act on the assessment and control of flood risk from streams and lakes was passed which, among other things, implemented the EU Floods Directive (2007/60/EC). Under the new act, authorities must carry out risk assessments in all water districts.

New partnership

A partnership for climate adaptation and innovation has been established, linking businesses that work with urban design, water technology and environmental protection. The Industrial and Commercial Panel on Climate Change has listed water and urban development as two of four environmental themes that have significant 

industrial and commercial development potential.

The partnership allows all links in the innovation chain to be actively involved. For example, the Technical University of Denmark and the University of Copenhagen are the leading universities for research and education on the subject. Furthermore, the Danish Technological Institute has general expertise in product development, while the cities of Copenhagen, Aarhus, Odense and Greve (and their utility companies) are all actively involved in ongoing research and innovation projects. This will lead to new thinking, knowledge sharing and implementation of development projects - a precondition for the partnership's conception of Denmark as a pioneer of green solutions for urban climate adaptation. The partnership has also developed strong 

links with foreign cities.

For further information on this topic please contact Søren Stenderup Jensen or 

Ellen Skodborggaard at Plesner by telephone (+45 33 12 11 33), fax (+45 33 12 00 14) 

or email ([email protected] or [email protected]). 

The materials contained on this website are for general information purposes only and 

are subject to the disclaimer.

 

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