Property law questions
Every question carries a short answer, the source rows behind it and two reading orders: one for the owner and one for the counterparty.
Residential tenancy
- How long is the notice period for a lease?
Three months for a dwelling and nine months for commercial premises, counted to the next month change. Where a private person lets their own home it is one month for the tenant and three for the landlord.
- What does security of tenure mean?
A residential tenant has a right to extension unless one of the grounds listed in the act applies. A commercial tenant instead has a right to compensation where the landlord ends the tenancy without legitimate reason.
- How is a reasonable rent set for a dwelling?
The rent must be reasonable and is tested against rents for dwellings of equivalent utility value. In private letting the rent may instead not appreciably exceed capital and operating cost.
- May I sublet my home?
A rental tenancy requires the landlord's consent or the tribunal's permission, a cooperative apartment the board's consent or the tribunal's permission. Where you own the home no consent is required.
- When may a tenancy be forfeited?
A tenancy is forfeited on grounds such as late rent, unlawful subletting, neglect of the premises or disturbances. Where the breach is of minor significance notice may not be given.
- Who is responsible for repairs in a rented flat?
The landlord shall keep the flat fully usable and carry out papering, painting and other customary repairs at reasonable intervals. The tenant is liable for damage caused by their own fault or negligence.
- How does a rent negotiation work?
Where a negotiation agreement is in place, rent is negotiated collectively between the landlord and the tenants' organisation, and the outcome applies to the flats covered. If no agreement is reached the matter may go to the rent tribunal.
- How is a rent tribunal decision appealed?
Appealable decisions are heard by the Svea Court of Appeal, the final instance in tenancy and land lease matters. Some decisions, including certain rent-setting matters, may not be appealed at all.
- May the landlord enter the flat?
Yes, for inspection and to carry out improvement works, but as a rule only after prior notice. For urgent works that cannot be postponed the landlord has an immediate right of access.
- May I swap my rental flat?
Yes, where the landlord consents or the rent tribunal grants permission. Permission requires substantial reasons for the swap, that it is not made for payment, and that the landlord has no justified objection.
Cooperative housing
- Who maintains a cooperative apartment?
The holder maintains the interior of the apartment and the association the rest of the building. The by-laws may refine the boundary but not move it freely.
- Can a cooperative apartment be forfeited?
Yes. The right of use may be forfeited on late annual fees, unauthorised subletting, neglect or disturbance, once the association has demanded correction.
- How does conversion to cooperative housing work?
The tenants form an association that registers interest in acquiring the property. The notice is entered in the property register and the property must then be offered to the association before any other transfer.
- What is required to sublet a tenant-owned flat?
The board's consent is required. Where the board refuses, the tribunal may grant permission if the holder has reasons for the sublet and the association has no legitimate reason to refuse.
- What responsibility does the board of a housing association have?
The board is responsible for the organisation of the association and the management of its affairs, shall keep a current register of flats and prepare annual accounts under the rules applying to the association.
- Which fees may a housing cooperative charge?
Besides the annual fee the association may charge a grant fee, transfer fee, pledge fee and subletting fee, but only where the bylaws provide for them and the statutory caps are respected.
- When is board approval needed for a renovation?
Approval is required for work on load-bearing structures, changes to drainage, heating, gas or water installations, and other substantial alterations of the flat. Without approval the right of use may be forfeited.
Commercial lease
- What applies on notice for changed terms in a commercial lease?
The notice must state the terms demanded for extension and inform about referral to the tribunal. The dispute must be referred within two months, failing which the notice is without effect or the tenancy lapses.
- What compensation does a commercial tenant get when the lease is not extended?
The tenant is entitled to compensation where the landlord lacks legitimate reason to end the tenancy. It amounts to at least one annual rent, and more where a larger loss is shown.
- May a commercial tenant sublet?
Only with the landlord's consent or the tribunal's permission. A commercial tenant may however transfer the lease to whoever takes over the business, unless the landlord has a justified objection.
- When is a commercial lease forfeited?
Among other things on rent more than two working days late, on unlawful subletting, and on neglect or disturbing conduct. The tenant may reinstate the lease by paying within the statutory period.
Property transfer
- What makes a property purchase valid?
The purchase must be made by a written document signed by both parties, stating the property, the price and a declaration that the property is transferred. Without these the purchase is void.
- What does the duty to inspect cover when buying a house?
The buyer may not invoke a defect that should have been detected in an inspection called for by the condition of the property and the circumstances. Hidden defects may still be invoked.
- How long can I notify a hidden defect?
Notice must be given within reasonable time after the defect was or should have been noticed, and at the latest within ten years of taking possession.
- How does an easement work?
An easement gives the dominant property a right to use the servient property in a certain respect. Contractual easements are governed by the Land Code, official easements are created through a cadastral procedure.
- What applies where the area differs from the contract?
A deviation from what follows from the agreement is a defect in the property. The buyer may claim a price reduction and, where the defect is material, rescind within one year of possession.
- Can a property purchase be rescinded?
Yes, for a material defect or the seller's delay, but rescission must occur within one year of possession unless the seller acted with gross negligence or contrary to good faith.
Planning and permits
- When is a building permit required?
A permit is required for new construction, extension and certain alterations. The building committee must decide within ten weeks of a complete application.
- What happens if I build without a permit?
The building committee levies a sanction charge where works were carried out without permit or start clearance, and may order rectification.
- How does subdivision of a property work?
An area is separated from a property and forms a property of its own in a cadastral procedure. The new property must be permanently suited to its purpose.
- What applies under shoreline protection?
Within the protected shoreline area, normally one hundred metres from the water, new buildings and measures that hinder public access are prohibited. An exemption requires a special reason under the Environmental Code.
- How is a building permit appealed?
The decision is appealed to the county administrative board within three weeks of service for a party, and within four weeks of the official announcement for other affected persons.
- What is a preliminary planning decision?
A binding decision from the building committee on whether a measure can be allowed at a given location. It binds the committee for two years from the date it became final.
- When are start and final clearance required?
Construction may not begin before the building committee has issued a start clearance, and the building may not be taken into use before a final clearance. Breaching this triggers a building sanction charge.
Construction works
- What applies to small-house construction?
The Consumer Services Act has special rules for the erection or extension of one- and two-dwelling houses. The work must meet a professional standard and either party may request final inspection.
- What requirements apply to construction products?
The construction products regulation sets harmonised conditions for placing products on the market. The manufacturer draws up a declaration of performance and affixes the CE marking.
- What liability does the contractor have for defects after final inspection?
In a consumer house contract the trader is liable for defects existing at handover, and the consumer may complain within ten years. For a hidden defect the period runs from when it was or should have been noticed.
- What applies to delay in a consumer construction contract?
On delay the consumer may withhold payment, require performance and claim damages, and rescind where the delay is material. For house construction a statutory penalty also applies under the delay rules.
Brokerage
- What is the estate agent responsible for?
The agent must carry out the assignment with care and observe sound agency practice, and must provide a property description with details of the property and its encumbrances. The inspectorate supervises.
- What information must the estate agent give before a purchase?
The agent shall provide a property description, inform the buyer of the duty to inspect and disclose everything that may be assumed to matter to the parties.
- Who pays the estate agent's commission?
The principal, normally the seller, pays under the agency agreement. Unless otherwise agreed, commission falls due only where a transfer agreement has been concluded through the agent's mediation.
Energy and environment
- When is an energy performance certificate required?
The owner must ensure that an energy performance certificate exists, and the details must be shown in advertising and given to the buyer or tenant.
- Who is liable for contaminated land?
The party operating or having operated the activity is liable for remediation. Absent an operator, a purchaser who knew of the contamination may become liable.
- What energy requirements apply to new buildings?
A new building shall meet the Swedish building regulations on energy performance, and the performance shall be stated in an energy declaration. The EU directive on the energy performance of buildings sets the level.
The page states what the source says under the stated conditions. It is not advice in an individual matter.
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