Sameiebrøk
Sameiebrøk is each co-owner's ideal share of a sameie (a co-ownership), expressed as a fraction or a percentage (1/2, 1/3, 25%, 60/240). The fraction states how much of the property the co-owner owns legally and financially, and it is the basis for voting weight at the co-owners' meeting and for the allocation of costs and income. The term is central both in ordinary property-law sameier under the sameieloven (the Co-ownership Act) and in eierseksjonssameier (sectioned co-ownerships) under the eierseksjonsloven (the Owner Sections Act).
In a property-law sameie, the fraction is normally agreed when the co-ownership is established and is registered against each co-owner's legal title in Grunnboken. The fraction does not have to reflect actual use; it expresses ownership share. Two siblings who inherit a cabin 50/50 will typically have 1/2 each, even if one uses the cabin more often than the other. The fraction can be changed by unanimous agreement or when one co-owner buys out another, and the change is registered in the same way.
In an eierseksjonssameie (owner sections), the fraction is normally linked to the section's UFA, so that a large flat gets a larger fraction than a small one. The Owner Sections Act requires the fraction to be set on objective grounds and normally based on area; a section cannot be given a significantly higher voting weight than its area suggests without good reason. The fraction is set in the sectioning decision and appears in the matrikkel and the articles of association. Common costs are as a main rule allocated by fraction, but the articles of association can set a different allocation key for costs that actually vary with use or size (lift use, hot water, caretaker).
Voting weight depends on the type of co-ownership. In property-law sameier, the main rule is voting by fraction. In eierseksjonssameier, the main rule is one vote per section on ordinary matters, but the fraction is used for cost allocation and for qualified votes on changes to the articles of association and on building works. Housing coops do not have a sameiebrøk. There, each share is equal and voting weight follows the number of shares, not the size of the flat. That is one of the most practically important differences between a housing coop and an eierseksjonssameie when you choose the form of ownership for a new-build project.
The fraction has consequences for sales, dissolution and pant (a charge or mortgage). Each co-owner can charge their own share without burdening the others, and the charge ranks by the time of registration in the same way as for whole properties. On dissolution of a property-law sameie under sameieloven section 15, the property is divided physically where that is possible, otherwise it is sold and the proceeds are allocated by fraction. In eierseksjonssameier, dissolution can only be forced in special cases; each section is sold freely without the co-ownership being dissolved. With a pre-emption right under sameieloven section 11, the other co-owners have the right to take over the share at the same price as a third party has offered. The fraction does not determine the price, but how large a share each of them takes over if several use the right.
In Placepoint, registered owners and their shares (sameiebrøk) are shown in the Property panel when several people are registered as registered owners on the same matrikkelenhet in Grunnboken.
How it looks in Placepoint
In Placepoint you find this in the Property panel:
From Placepoint's dictionary: Sameiebrøk
More information: Lovdata: Sameieloven, Lovdata: Eierseksjonsloven, Store norske leksikon: sameie
English: Co-ownership share (ideal fraction in a sameie).
Common questions
What is a sameiebrøk?
Sameiebrøk is each co-owner's ideal share of a sameie, expressed as a fraction or a percentage. The fraction states how much the co-owner owns and is used to allocate votes, costs and income.
Does the sameiebrøk have to be in Grunnboken?
Yes. Each co-owner's fraction is registered against that person's legal title in Grunnboken. In eierseksjonssameier, the fraction also appears in the sectioning decision and in the matrikkel.
How is the fraction set in an eierseksjonssameie?
The fraction is set at sectioning, normally linked to the section's UFA, so that a larger flat gets a larger fraction. The Owner Sections Act requires the fraction to be set on objective grounds.
What voting weight does the sameiebrøk give?
In property-law sameier, voting weight follows the fraction. In eierseksjonssameier, the main rule is one vote per section, but the fraction is used to allocate costs and for some qualified votes.
Can the sameiebrøk be changed?
Yes, but it normally requires unanimous agreement or that one co-owner buys out another. The change must be registered against the legal title of the co-owners affected and appear in any articles of association.