Attefallshus och fastighetsbildning

Sammanfattning: The Swedish legislation for land use planning and building development has been central in several amendments the last few decades. By different changes in approach, legislators have tried tightened rules as well as eras with more liberal regulations to adjust problems with housing shortages and urban planning. In 2014, a new amendment made it possible to construct a 25 square meter building in addition to an already existing house without a building permit. The house is commonly known as “attefall house” and is allowed to transgress the regulations in local plans. During the preparations of the attefall law a question was raised among the consultative bodies. Would it be possible to separate the attefall house from the main building by subdivision of real property? If so, what would happen to the attefall house? Would it hereon be recognised as the main building in the new real property? The Swedish Planning and Building Act and the Property Formation Act seemed not to be uniformed in this matter so a broadened investigation was required. It was fundamental to investigate if subdivision of attefall houses had already taken place in Sweden. Among the questions asked to all municipal land surveying offices, only three applications of attefall subdivision had been administrated and in all cases the party concerned had in the end chosen a different arrangement. A supplementary study showed that there had been no attefall subdivision in selected municipals in big cities of Sweden. Since the attefall-law was relatively new at the time for the study it was also necessary to investigate what would happen in the case of a potential application of subdivision. Three fictitious scenarios where used to investigate the attitudes and possible obstacles in the case of an attefall subdivision, both within areas regulated with local plans and in more rural areas. The study showed that there are no immediate reasons to prevent such a development and that the attefall-house should be regarded as any kind of house in cadastral procedures.