Land and cadastral legislation

The following laws are included in land and cadastral legislation.

• The Land Code,
• The Real Property Formation Act,
• The Expropriation Act, and
• The Tenant-Ownership Act.

The Land Code contains provisions on what constitutes real estate and how this is to be transferred and mortgaged. The Land Code also includes provisions on rent (letting of buildings or parts of buildings for use in return for payment) and leases (letting of land for use in return for payment).

An item of real estate as a rule consists of an area of land and buildings belonging to it. The provisions on how real estate is formed and registered are contained in the Real Property Formation Act. A new item of real estate can be formed for example by subdivision and reformed through reallotment.

Questions concerning how the state or a municipality can lay claims to land through compulsory disposition are regulated in the Expropriation Act.

Legislation on tenant-owned housing is also usually included in land and cadastral legislation. Under the Tenant-Ownership Act a tenant-owner association may grant the right of tenure to its members. The tenant-owner owns a share in the association. A share in the association confers the right to use a certain housing unit.

Current issues

Inquiry into site-leasehold and leasing issues

The Government has instructed an Inquiry Chair to consider certain site-leasehold and leasing issues. The Inquiry Chair is to propose simplified rules for how rents for leasehold sites are to be determined and look into whether any amendments are needed to the rules concerning charges for housing leases.

Improved consumer protection for timeshares

A new act on consumer protection in contracts for timeshares or long-term holiday products took effect in August 2011. Timeshares are for people who wish to have a holiday home in a chalet at a ski resort or a seaside resort for a few weeks each year, for example. Sweden and the other EU Member States have drawn up common rules giving consumers greater protection than previously. The new act provides protection in more contract situations, tightens requirements concerning information and extends the right of withdrawal.

Measures against incorrect registration of easement and rights of use and enjoyment

An expert has submitted proposals for measures to eliminate registrations in the property register that do not correspond to any currently applicable right in the property. It is currently estimated that incorrect registrations cause additional costs of SEK 20 million per year. The ministry memorandum (Ds 2010:43) has been circulated for comment.

Revision of the Rent Act

An Inquiry Chair has reviewed the Rent Act and has submitted an interim report proposing certain amendments to the Act, for example concerning rent reduction during maintenance work and cancellation of tenancy. A planned Government bill due to be presented deals with these issues, as well as issues concerning tenants' possibilities to add or delete options in rental contracts. Moreover, the Inquiry Chair has carried out a linguistic and editorial review of the Act, which is included in a final report that has been circulated for comment.