Ägarlägenheter i svensk lagstiftning - en jämförelse med bostadsrätter i vissa centrala frågor

Sammanfattning: Owner-occupied flats are today an unusual form of housing on the Swedish housing market, and have not yet been built to a particularly large extent. The form of housing was introduced into Swedish legislation in 2009, which may be one of the reasons why it has not yet had time to establish itself in the society. Abroad, the form of housing is well known, but in this essay the Swedish legislation regarding property formation and acquisition of the owner-occupied apartment is mainly examined. A three-dimensional property is delimited both vertically and horizontally, which is a difference from a traditional property that is only delimited horizontally. Property development shall take place for a lasting purpose, a three-dimensional property and a three-dimensional property space may only be new or redeveloped if the measure is considered more suitable than other measures to meet the purpose. The general provisions on property formation have been adapted to also apply to property formation of owner-occupied flats. Although owner-occupied flats mean ownership, the individual is still dependent on an association - just as for users of condominiums. By comparing condominiums and owner- occupied flats regarding rules of conduct to the association's activities, a clearer picture of the difference between the forms of housing is given. A community association must be established in connection with the ownership of owneroccupied flats, and this association is formed by the owners of the owner-occupied flats. For a condominium-owner, it is different, as the condominium-owner association owns the property. The condominium-owner uses the apartment on the conditions that he is a member of the condominium-owner association and pays compensation for the apartment. However, the purpose of both the condominium-owner association and the community association is to meet the purposes that arise in the common areas of the property, but also establishes regulations regarding rules of conduct for the apartments.