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
Increased private renting of housing
The Act on letting private dwellings entered into force on 1 February 2013. The new legislation aims to make it easier for private individuals to let housing. The most significant change is that individuals wishing to let out a tenant-owned or owner-occupied apartment for a period of time will be permitted greater scope to set rent levels. The Act applies when a 'dwelling unit' (apartment) is let out outside of business activities. If one person lets out several apartments, the Act applies only to the first letting.
The Riksdag did not adopt the Government's proposal to make it easier to obtain permission to let out a tenant-owned flat.
Greater compensation for mast leases
An inquiry has analysed the various possible designs of a system for profit-sharing in the event of expropriation or other such disposal. The inquiry has concluded that the demarcation problems are extensive and that the reform should therefore be limited to particularly urgent cases. The survey has shown that when it comes to masts and similar electronic communications equipment, a considerable gap has opened up in the levels of compensation between voluntary and compulsory acquisitions. It is therefore particularly important that such cases are subject to profit-sharing. The inquiry proposes that compensation be determined based on what would have applied in a 'normal' voluntary agreement, even where land is compulsorily claimed for masts and similar equipment. The proposal considerably reinforces ownership rights and is characterised by a similar approach to the 2010 changes to the compensation rules, which also aimed to reinforce ownership rights.
The proposal has been sent out for consultation, with responses due no later than 1 February 2013.
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.
A more reliable Real Property Register
In a proposal referred for consideration to the Council on Legislation/Government bill, the Government proposes measures against out-of-date entries in the Real Property Register. The main proposal means that registrations of rights of use, easements and beneficial rights dating back further than 1 July 1968 will be removed after 31 December 2018 unless an application for renewal is submitted. The measures will lead to reduced costs in all activities in which registration data are used. It is currently estimated that out-of-date information generates surplus costs of around SEK 20 million in the cadastral procedures of Lantmäteriet (the Swedish mapping, cadastral and land registration authority) alone.
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.
