Sikringspant

Sikringspant is a charge (panterett) created to secure a claim, not to extend credit. A normal mortgage deed for a bank loan gives the borrower money against security, while sikringspant secures a claim that already exists or may arise, so that the chargeholder is first in line if the property later has to be realised.

The term appears in two practical settings. The first is estate agency: when the agent registers a sikringsobligasjon (security bond) in a sale, a sikringspant is created with the agent's settlement company as chargeholder, to make sure the settlement between buyer and seller is safe. The charge therefore secures completion of the transaction, not a loan.

The second is public debt collection. Skatteetaten (the Norwegian Tax Administration) and Statens innkrevingssentral can take sikringspant in real property for tax and duty claims. Enforced collection distinguishes between the securing stage and the recovery stage: first the charge is created to secure the claim (the sikringspant), then the property can be sold by force to cover it. The legal basis is skattebetalingsloven chapter 14 on enforcement and the provision of security, and the general rules on attachment are in tvangsfullbyrdelsesloven chapter 7. The charge that the collection authority obtains through enforcement proceedings is called utleggspant; sikringspant describes the function and the stage the charge is at.

Skatteetaten has særnamskompetanse (special enforcement authority) and can decide on and hold enforcement proceedings itself for tax and duty claims, without going through the ordinary enforcement officer (namsmannen). Municipal claims such as property tax and municipal charges are instead secured through legalpant (statutory charge), which follows directly from the statute and requires no separate proceedings. For anyone analysing a property, the practical point is that a sikringspant from a public body is a warning of default: it tells you that the registered owner has an unsettled claim that can end in a forced sale.

Like other charges, sikringspant gains legal protection (rettsvern) through registration in Grunnboken, and priority between competing rights is decided by the time of registration. A sikringspant can therefore take precedence over later encumbrances, and the order can be changed by prioritetsvikelse (priority waiver) if the chargeholders agree. Sikringspant differs from legalpant, which arises directly by force of statute and in many cases has legal protection without registration.

It helps to keep the four types of charge apart:

• Avtalepant (contractual charge) is created by agreement in order to extend credit.
• Legalpant arises directly from the statute.
• Utleggspant is created through enforcement proceedings for a claim that is due.
• Sikringspant is the collective term for a charge that secures a claim instead of extending credit.

In Grunnboken they all appear as encumbrances with an amount, a chargeholder and a priority, and they are a key input to valuation and purchase analysis.

In Placepoint, a registered sikringspant is shown together with other encumbrances in the Property panel, so you can see the chargeholder, the amount and the priority without ordering a panteattest (certificate of charges) for every lookup.

How it looks in Placepoint

In Placepoint you find this in the Property panel:

From Placepoint's glossary: Sikringspant

More information: Lovdata: Panteloven, Skatteetaten: Skattebetalingshåndboken chapter 14, Store norske leksikon: utleggspant

English: Security lien, a charge registered to secure a claim rather than to extend credit (Norwegian-specific).

Frequently asked questions

What is sikringspant?

Sikringspant is a charge (panterett) created to secure a claim, not to extend credit. It is used, among other things, by estate agents through a sikringsobligasjon in a sale, and by Skatteetaten to secure tax and duty claims.

What is the difference between sikringspant and utleggspant?

Utleggspant is the charge that the collection authority obtains through enforcement proceedings for a claim that is due. Sikringspant describes the function: securing the claim at the securing stage, before the property may be sold by force at the recovery stage.

What is the difference between sikringspant and legalpant?

Sikringspant normally has to be registered to gain legal protection (rettsvern), while legalpant arises directly by force of statute and in many cases has legal protection without registration. Both are encumbrances that affect the order of priority on the property.

Can Skatteetaten take sikringspant in my property?

Yes. For unpaid tax and duty claims, Skatteetaten and Statens innkrevingssentral can create sikringspant in real property under skattebetalingsloven chapter 14. The charge is registered in Grunnboken and can be followed by a forced sale if the claim is not settled.

How does sikringspant gain legal protection?

In the same way as other charges: through registration in Grunnboken. The time of registration decides priority against competing encumbrances, so a sikringspant registered early ranks ahead of rights registered later.