Applicable Law
1. Is condominium possible? Describe condominium in your system.
2. In your national system, do you have an arrangement which broadly follows that description? If so, what is it called in your language(s)? Please describe it in this factsheet.
3. If your national system does not have an arrangement like that, or if it does, but also has a different arrangement which is commonly used to govern the ownership of apartments, please also describe, in this fact sheet, the arrangements commonly used.
4. In your national system, which laws or regulations rule the arrangements you describe (or are relevant for them)?
Consominium is possible but with individual shares. Immovable property and site leasehold can be owned together by two or more parties. There is no limitation as to how many natural or legal persons can own a property together. Ownership is always with individual shares.
There are two legal versions of condominiums in Sweden.
- First, there is the ägarlägenhet or ownership apartment type of condominium. It is considered real property. This condominium is transferable and can be mortgaged. But it is a rare form of condominium.
- Second, there is a form of condominium called bostadsrätt. It means right-to-home, or tenant-ownership. This form of condominium is the universal form used in Sweden. The legal arrangements for this sort condominium are very different from the ownership apartment type. The real property is owned by a legal person called a housing association (an alternative word is tenant-ownership association). The purpose of the association is to grant to its member the use of condominiums for an unlimited time in the house or houses the association owns. An owner of the condominium is member of the association. The condominium is transferable and can be mortgaged. A transfer is conditional that the acquirer is accepted as member of the association by the board. If that not the case the transfer is void.
