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

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

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

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

Bageriet 18 & 31, Sundbyberg

Apoteket 21, Sundbyberg

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

Kv Örnen, Lidköping

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 Tenant-owned apartment properties (3D)

 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

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

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

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

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

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

Practical example

Office

Practical example Office

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

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

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