Adkomstdokumenter (title documents)
Adkomstdokumenter is the collective term for the documents that prove that someone holds ownership rights to a home or other property. Which document counts as an adkomstdokument depends on the form of ownership: for freehold homes it is the deed, for a co-op share flat in a housing coop it is the share certificate combined with the tenancy agreement, and for a share flat in a housing company it is the share document combined with the tenancy agreement.
For a freehold owner the picture is simple: the deed is registered in Grunnboken and gives legal title to the real property. On a purchase, a new deed is issued, and through registration the buyer obtains legal protection under section 20 of the Land Registration Act. The deed is the physical document that was traditionally handed over to the buyer, but in practice it now exists as digital records in the systems of Kartverket; any paper original that exists is kept by Kartverket after the 2017 move to electronic registration.
For a housing coop the picture is different. The share owner does not own real property, but a share in the housing coop combined with a right to rent a specific flat. The title documents are therefore the share certificate (which identifies the share) and the tenancy agreement (which governs use of the flat). Transfer does not take place through registration in Grunnboken, but by registering the new owner in Borettsregisteret at Kartverket, and by the coop board approving the transfer under section 4-5 of the Housing Cooperatives Act. Older housing coops may have paper share certificates that remain valid, but new ones are registered electronically.
A share flat in a housing company is a historical form of ownership that was common before the Housing Cooperatives Act of 1960, and it still exists in some older apartment buildings. The title documents are the share document (an ownership stake in the company) and the tenancy agreement (the right to a specific flat). Transfer is recorded in the company's share register, and the basis is the Companies Act. Share flats are not registered in Grunnboken or Borettsregisteret, and charges are created either by pledging the physical share document or under separate rules.
The title documents matter in practice when a charge is created. For a freehold owner, the property itself is charged through a mortgage deed registered in Grunnboken. For a co-op share flat, the share is charged, and the charge is registered in Borettsregisteret. For a share flat, a physical pledge is used: the share document is deposited with the chargeholder, possibly combined with an endorsement on the document and a note in the share register. Banks therefore need different procedures for the three forms of ownership, and a chargeholder sometimes asks for both the share document and the tenancy agreement to be handed over physically when the loan is paid out.
In a home sale, the Broker is responsible under section 6-7 of the Estate Agency Act for obtaining and checking the title documents before the transaction. For a co-op share flat, the Broker checks the ferdigattest (completion certificate) from the housing coop for unsettled claims, pre-emption rights and board approval. For a share flat, the share register, articles of association and board approval are checked. For a freehold owner, the Grunnboken extract, the certificate of charges and whether the registered owner is in fact the seller are checked.
In Placepoint, ownership for a freehold owner is shown directly in the property panel, based on data from Grunnboken and the matrikkel. For housing coops and share flats, the information sits in Borettsregisteret and in the companies' share registers, and must be checked separately.
How this looks in Placepoint
In Placepoint you find this in Property panel:
From Placepoint's glossary: Adkomstdokumenter
More information: Kartverket: Borettsregisteret, Lovdata: Borettslagsloven, Lovdata: Eiendomsmeglingsloven
English: Title documents (proof of ownership for housing-cooperative or share-based apartments, Norwegian-specific).
Common questions
What are adkomstdokumenter?
Adkomstdokumenter are the documents that prove ownership rights to a home. For a freehold owner it is the deed, for a co-op share flat it is the share certificate plus the tenancy agreement, and for a share flat it is the share document plus the tenancy agreement.
Where is the transfer of a co-op share flat registered?
The transfer is registered in Borettsregisteret at Kartverket, and the board of the housing coop must approve the new owner under section 4-5 of the Housing Cooperatives Act. Co-op share flats are not registered in Grunnboken as real property.
How is a charge created on a share flat?
A share flat is charged through a physical pledge: the share document is deposited with the chargeholder, possibly with an endorsement on the document and a note in the share register. There is no registration in Grunnboken or Borettsregisteret.
What is the difference between a share certificate and a share document?
The share certificate gives an ownership stake in a housing coop and the right to rent a flat under the Housing Cooperatives Act. The share document gives an ownership stake in a housing company under the Companies Act. The two forms of ownership have different rules, different registration and different rules for creating charges.
Who checks the title documents in a sale?
The Broker is responsible under section 6-7 of the Estate Agency Act for obtaining and checking the title documents. What is checked depends on the form of ownership: the Grunnboken extract for a freehold owner, the ferdigattest from the housing coop for a co-op share flat, and the share register and articles of association for a share flat.