Statliga myndigheters försäljning av fast egendom

Sammanfattning: The government holds a large property portfolio, which is managed by governmental administrative authorities and governmental companies. This report aims to investigate the meaning of the rules that the governmental administrative authorities have to follow when they are selling properties, and it also aims to describe the practice that has been developed within the authorities. The report is based on examination of legislation, legislative history, ordinances, court cases and other relevant literature related to the subject. In addition, interviews have been conducted with people working with property sales at the Swedish Fortifications Agency and the National Property Board of Sweden. Several documents, linked to the sale procedure and which have been received from the two authorities above, has also been studied. When a governmental authority is in the process of selling a property it has to consult with other governmental authorities if it can be considered that they may be in need of the property. If such a sale does not take place, a sale to one of the other stakeholders who have a priority right to purchase might be at hand. For example, municipalities have a priority right to purchase for societal development purposes. Societal development purpose has a wide field of application, but does not include land that is not intended to undergo any change. To acquire before the other stakeholders on the property market, the municipalities have to prove their need for the property. Preparatory works of legislation has shown that the requirements for proof are not especially high, but the municipality has to submit evidence stating the probability that the intended purpose of the property comes to fruition. The governmental authorities have to perform property sales to market price. To determine a market price, the governmental authority, the Swedish Fortifications Agency, uses an independently executed valuation, a bidding procedure or a procedure in which stakeholders submit bids through their website. The National Property Board of Sweden always uses an independently executed valuation, additionally when selling on the open market the authority uses a bidding procedure.