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Swedish property law

Tenant-owned flats (bostadsrätt)

Buying a bostadsrätt is not buying a flat but the right to use it, as a member of the association that owns the building. The Tenant-Owner Act governs it – and the association's statutes.

For buyersFor sellersFor tenant-ownersRead 21 Oct 2026General information, not legal advice.

The association

A tenant-owner association is an economic association that grants flats in its building as bostadsrätt; it must be registered (chapter 1, section 1). The grant is against payment and without time limit (section 4), and the building must have at least three flats intended for bostadsrätt (section 5).

Before granting flats the board must draw up an economic plan registered by Bolagsverket (chapter 3, section 1). It must include facts on the property, costs and financing, a forecast and a sensitivity analysis (section 1 a), and be certified by two certifiers (section 2).

The purchase and membership

A purchase must be in writing and signed by seller and buyer, and the deed must state the flat and the price (chapter 6, section 4). The buyer may use the flat only if she is or becomes a member (section 1); if membership is refused, the transfer is void (section 5).

As with a property, no bid binds anyone: only the signatures make the purchase.

From the law

«Bostadsrättshavaren skall på egen bekostnad hålla lägenheten i gott skick, om inte något annat bestämts i stadgarna eller följer av andra-femte styckena.»

Upkeep inside and out

The holder must keep the flat in good condition at her own cost unless the statutes say otherwise (chapter 7, section 12). The association answers for drains, heating, gas, power and water pipes it installed that serve more than one flat, and for ventilation ducts. For fire or water damage the holder answers only if it was caused by negligence – her own or of someone in the household, a guest or a tradesperson.

The statutes divide the rest – read them before buying. If the holder neglects upkeep so that others' safety is at risk, the association may fix it at her cost (section 12 a).

Subletting

The holder may sublet the flat for independent use only with the board's consent (chapter 7, section 10). Since 1 July 2026 (Act 2026:776) a flat not used as a permanent home, or otherwise to a considerable extent, always counts as used independently. If the board refuses, the rent tribunal may allow it if the holder has reasons and the association has no justified reason to refuse; the permission is time-limited (section 11).

Since 2 July 2026 the Rent-to-Own Housing Act (2026:843) also lets a holder sublet to a rent-to-own buyer while a promise to sell stands (section 10 b).

Read the annual report

The association's finances are your finances. The agent must give the buyer the latest annual report and the registered statutes, and state in the description among other things the share, the monthly fee and decided changes to it, and the flat's indirect net debt (Estate Agents Act, chapter 3, section 15).

Look at the association's debt per square metre, how the fee has moved, the maintenance plan and whether the association owns the land or holds it in site leasehold.

Coming: the tenant-owner register

Parliament has enacted a national register of all tenant-owned flats (Act 2026:484). Ownership and pledges are to be registered there. The government decides when it starts; the implementing act (2026:485) applies from 1 January 2027.

General information, not legal advice.

Laws change. Always check the version in force and consult a lawyer about your own case. The Swedish text of the law is the authoritative one.

Sources

The Tenant-Owner Act (Bostadsrättslagen) (1991:614) 1 kap. 1, 4 och 5 §§, 3 kap. 1, 1 a och 2 §§, 6 kap. 1, 4 och 5 §§, 7 kap. 10–12 §§; The Estate Agents Act (2021:516) 3 kap. 15 §; The Tenant-Owner Register Act (2026:484); The Rent-to-Own Housing Act (2026:843); The Economic Associations Act (2018:672). Read 21 Oct 2026. The Swedish text of the law is the authoritative one; the quotations are in Swedish.

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