Fastighetsbildning
Fastighetsbildning is the collective term for all changes to the Swedish property division: splitting a property, merging two, changing boundaries or creating easements. Everything goes through a lantmäteriförrättning, never through registration alone.
The framework is fastighetsbildningslagen (1970:988). The act defines fastighetsbildning in chapter 1, section 1 as three types of measure: a change to the property division itself, the creation, alteration or removal of easements, or the transfer of a building from one property to another. The first type, changing the property division, has four main forms. Avstyckning separates out a new area as its own property (chapter 10). Klyvning divides a property with several owners into the same number of new properties, one per ownership share (chapter 11). Sammanläggning merges several properties into one, provided they are owned by the same person and are not encumbered in different ways (chapter 12). Fastighetsreglering is the most used form in practice: it can transfer area between properties, create or change easements and settle differences in value in money, all in the same procedure (chapter 5).
The shared condition for all four is set out in fastighetsbildningslagen chapter 3, section 1: a new or altered property must be permanently suitable for its purpose in terms of location, size and other conditions, must have access to a necessary road and, where there are buildings, acceptable solutions for water and drainage (lämplighetsvillkoret). A fastighetsbildning that conflicts with this, or with an applicable detaljplan, is rejected regardless of what the parties have agreed between themselves.
The decision rests with the lantmäterimyndighet of Lantmäteriet, or with a municipal lantmäterimyndighet (KLM) in the roughly 40 municipalities that have their own procedural authority instead of the state one. Whoever decides the case, the same act and the same appeal route apply: the decision can be appealed to the mark- och miljödomstol. Sweden has 4.2 million properties across all 290 municipalities (see Placepoint in numbers), and it is this volume of splitting, merging and regulation cases that makes fastighetsbildning an ongoing, high frequency casework task for Lantmäteriet, not a rare exception.
The Norwegian parallel is the family of matrikkel cases: fradeling (subdivision), grensejustering (boundary adjustment), arealoverføring (area transfer) and sammenslåing (merger). The content is almost identical, but the route there is not. In Norway the case is split in two: the kommune gives permission under plan- og bygningsloven, and an oppmålingsforretning carries out the boundary work itself and enters it in the matrikkel. In Sweden this is one and the same process, decided by one authority under one act, from application to registration in the fastighetsregister. That is why a Swedish fastighetsbildning has no Norwegian split between building case processing and surveying; Lantmäteriet assesses both the suitability of the area and planning conditions in the same procedure.
From Placepoint's dictionary: Fastighetsbildning
More information: Lantmäteriet: Förändra, lägg ihop eller dela, Riksdagen: Fastighetsbildningslag (1970:988)
English: Property formation (the umbrella term for splitting, merging or reorganising Swedish real property units).
Frequently asked questions
What is fastighetsbildning?
Fastighetsbildning is the collective term for all changes to the Swedish property division: splitting, merging, boundary changes and the creation of easements. Everything is governed by fastighetsbildningslagen and carried out as a single lantmäteriförrättning.
What is the difference between avstyckning, klyvning and sammanläggning?
Avstyckning separates out a new area as its own property. Klyvning divides a property with several owners into the same number of new properties. Sammanläggning merges several properties owned by the same person into one.
What is lämplighetsvillkoret?
The requirement in fastighetsbildningslagen chapter 3, section 1 that a new or altered property must be permanently suitable for its purpose: the right layout, access to a road and, where there are buildings, a solution for water and drainage.
Who decides a fastighetsbildning case?
The lantmäterimyndighet of Lantmäteriet, or a municipal lantmäterimyndighet (KLM) in municipalities that have their own procedural authority. The decision can be appealed to the mark- och miljödomstol.
What is the Norwegian parallel to fastighetsbildning?
The family of matrikkel cases: fradeling, grensejustering, arealoverføring and sammenslåing. The difference is that Norway splits the case between the kommune's building case processing and a separate oppmålingsforretning, while Sweden runs everything through a single lantmäteriförrättning.