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3D Cadastre – the Swedish legislation

Strata titles are introduced in Sweden. 3D Cadastre – the Swedish legislation. Conference of the CIS and Baltic countries Moscow 28-29 September 2011 Lars Jansson Deputy Director General. Legislation for 3D Cadastre. The 3D Cadastre came into force in Sweden on January 1st 2004….

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3D Cadastre – the Swedish legislation

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  1. Strata titles are introduced in Sweden 3D Cadastre – the Swedish legislation Conference of the CIS and Baltic countries Moscow 28-29 September 2011 Lars Jansson Deputy Director General

  2. Legislation for 3D Cadastre The 3D Cadastre came into force in Sweden on January 1st 2004…. ….and for tenant-owned apartments on May 1st 2009 ------------------------------- The Land Law The Real Property Formation Act The Joint Facility Act The Real Property Register

  3. Multi-dimensional regulations 3D real properties A closed figure that is defined in the X, Y, and Z directions with fixed bounderies Must contain, or be distined to contain, a building or some other facility Created through a cadastral procedure by a Cadastral Authority Suitability conditions that must be satisfied: better management facilitate construction and financing does not result in disruption of the property division at least three apartments

  4. The need for forming 3D property units More efficient use of real property in inner city areas: Existing buildings can be extended by adding a storey Dwelling units can be built above a railway line More efficient use of publicly owned land by creating underground facilities: Garages, archives, assembly halls 3D examples: Tunnels, railway stations and bridges, roads, underground storage, tenant-owned apartments, commercial part of a townhouse

  5. Bageriet 18 & 31, Sundbyberg

  6. Apoteket 21, Sundbyberg

  7. Gamla Staden, Helsingborg /7:103/ /7:102/ /7:104/

  8. Kv Örnen, Lidköping

  9. Tenant-owned apartment properties (3D) From 1st May 2009: Tenant-owned apartment properties (Alby 12:2-12:11) with joint facility (Alby ga:8), but only possible in newly constructed buildings An investigation will be appointed this year for tenant-owned apartments also in existing buildings

  10. A political issue in the housing sector The value of diversity and freedom of choice: tenant-ownership, tenancy and from 2009 – freehold Increased owner- influence – fewer restrictions Additional newly produced apartments, more capital injected into the building sector Increased number of apartments for renting Purpose and reason

  11. Example 1 – new building Tenant-owned apartments (B1-9) in a newly constructed building Ground level

  12. Example 2 – mixed purposes • Tenant-owned apartments (C1-3) in a newly constructed building which is divided into several different types of properties Ground level

  13. Example 3 – additions • Tenant-owned apartments (B1-3) • with an addition built onto an existing building Ground level

  14. The structure of the legislation and restrictions Tenant-owned apartment properties are formed that contain only a single dwelling unit There must be at least three such property units in the apartment building Only possible in new production and in existing building as not been used as an apartment building during the last eight years Possible to own, rent out or convey without any restriction Registred ownership and can be morgaged Real Property Register and in Real Property Index Map Joint facilities are formed and managed by a joint property association

  15. Property boundaries ga 9 tenant-owned apartment properties and ga: joint facilities

  16. Practical example

  17. Practical example

  18. Practical example

  19. Practical example Office Office Office

  20. Practical example Office

  21. Joint facilities and joint property association Load-bearing structures, lifts, stairwells, outer walls, roofs etc. that can be established as a joint facility Shared responsibility whereby each individual is responsible for the surfaces on his/her side in respective apartment There must be a joint property association (with charters and council/board) Annual fees to the association for maintenance Insurance for joint facilities Behavioural regulations in order to reduce conflicts between neighbours Aside fund in a reserve. Annual amount, calculated 0,3 % of the construction costs The maintenance is secured for the whole life of the building The Joint Facility Act in the Swedish legislation is special in comparison with legislation in other countries

  22. The international situation Tenant-owned apartment properties are found in: Australia (strata titles), Japan USA (condominiums) The Netherlands, Israel, Germany, Spain and several other countries The Nordic countries: Denmark (ejerlejligheder), Norway (eijerseksjoner) Finland (aktielägenheter, bostadsaktiebolag) and Iceland In Sweden: Cadastral procedure by a Cadastral Authority In other countries: Private or public-sector contracts

  23. 3D Cadastre – the Swedish legislation Thank you for your attention!

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