Placepoint

Avstyckning

Avstyckning is the process where a piece of land is separated from a fastighet and forms a new, independent fastighet. The property it is separated from is called the stamfastighet, and the separated piece is called the styckningslott. After the avstyckning, there are two properties where there was previously one.

The rules are set out in fastighetsbildningslagen (1970:988), and the avstyckning itself is dealt with mainly in chapter 10 of the act. The process is a lantmäteriförrättning, that is, a case procedure carried out by a förrättningslantmätare. In 40 of Sweden's 290 municipalities, this procedure is run by a separate municipal lantmäterimyndighet (KLM), established under lag (1995:1393) om kommunal lantmäterimyndighet. In the remaining municipalities, the large majority, the avstyckning is carried out by the state body Lantmäteriet. Whoever handles the case, the authority is the same type of body: a lantmäterimyndighet acting under fastighetsbildningslagen, not a municipal planning authority.

An application for avstyckning is submitted by the owner of the stamfastighet, or by the buyer if this follows from a purchase contract, and must in that case be filed within six months of the purchase or the gift, otherwise the acquisition lapses. Lantmäteriet surveys and marks the new boundaries on the ground, issues a förrättningsbeslut, and enters the new property in the fastighetsregistret with a new fastighetsbeteckning. You can apply at the same time for any pantbrev on the stamfastighet not to carry over to the new property.

For an avstyckning to be approved, it must meet the lämplighetsvillkor in chapter 3 of fastighetsbildningslagen: the new property must, based on location, size and other circumstances, be permanently suitable for its purpose, and the purpose must give a rationally used ownership from a societal point of view. If the property is to be used for housing, it must also have access to a necessary road outside its own land and an acceptable solution for water and drainage. Lantmäteriet does not give advance rulings on whether an avstyckning will be approved or what it will cost. The cost is set according to time spent and is not a fixed fee: a base amount of 9,000 kr for one to five properties, and then 1,200 or 1,900 kr per hour depending on which professional group does the work. A typical case often ends up at 50,000 to 100,000 kr, sometimes considerably more.

The Norwegian counterpart is fradeling, but the institutional difference is the whole point. In Norway, the municipality runs the entire process: the building case processing that decides whether the division is permitted under the plan- og bygningsloven, and the oppmålingsforretning that measures the boundaries and enters them in the matrikkel, are both carried out by municipal staff. In Sweden, a state (or in some cases municipal, but always separate) lantmäterimyndighet does the job, apart from the municipality's planning and building case processing. A Swedish avstyckning still requires the plot to already have the necessary bygglov or to comply with an applicable detaljplan if the plan sets requirements for the subdivision, so the municipality's planning system and the lantmäterimyndighet's suitability assessment work together without being the same agency.

From Placepoint's glossary: Avstyckning

More information: Lantmäteriet: Dela en fastighet genom en avstyckning, Lantmäteriet: Vad kommer det att kosta?, Fastighetsbildningslag (1970:988)

English: Avstyckning is the Swedish subdivision of a property into a new, independent unit (closest English term: subdivision or parcel split).

Common questions we come across

What is avstyckning?

Avstyckning is when a piece of land is separated from a fastighet (the stamfastighet) and forms a new, separate property. The process requires a lantmäteriförrättning and is governed by fastighetsbildningslagen.

Who carries out an avstyckning in Sweden?

In most municipalities it is the state body Lantmäteriet. In 40 of Sweden's 290 municipalities it is instead a separate municipal lantmäterimyndighet, established under lag (1995:1393). Never the municipality's ordinary planning and building department.

What does an avstyckning cost?

There is no fixed price. Lantmäteriet charges a base amount of 9,000 kr for one to five properties and invoices 1,200 or 1,900 kr per hour according to time spent. A typical case often costs 50,000 to 100,000 kr, sometimes considerably more, and Lantmäteriet does not give binding cost estimates in advance.

What are lämplighetsvillkor?

They are the requirements in chapter 3 of fastighetsbildningslagen that a new property must meet to be approved: it must be permanently suitable for its purpose based on location and size, have access to a necessary road, and for housing purposes also an acceptable water and drainage solution.

What is the difference between avstyckning and Norwegian fradeling?

Both separate an area from an existing property to form a new one. The difference is who does the work: in Norway, the municipality handles both the building case processing and the oppmålingsforretning. In Sweden, a separate state or municipal lantmäterimyndighet does the entire cadastral job, apart from the municipality's planning office.