Placepoint

Dolda fel

Dolda fel (hidden defects) are faults in a property that were already present at the time of takeover, but that the buyer could not have discovered despite a thorough inspection of the property. The concept is at the core of Swedish liability for defects in property purchases, and it decides which faults the seller still answers for after the sale has gone through.

The rules are set out in jordabalken, chapter 4, section 19. The buyer's claim because of a fault in the property expires ten years after the buyer took over the property. At the same time, the law says that a deviation the buyer ought to have discovered through an inspection that was called for cannot be invoked as a fault. The two sentences belong together: the seller carries the risk for what is hidden for a full ten years, but only for what a thorough inspection would in fact not have uncovered.

This duty to inspect is very far-reaching in Swedish law. How thorough the inspection has to be depends on the age, condition and price of the property: an old, cheap home with visible signs of wear calls for a more extensive review than a newly built detached house. If the buyer later discovers something that a qualified besiktningsman (surveyor) would have found, that is the buyer's own risk, not a dolt fel. It is therefore common, but not required by law, for the buyer to order and pay for a besiktningsman before the köpekontrakt (purchase contract) is signed, precisely in order to move this risk away from themselves and onto a documented review.

Because the liability runs for ten years, many sellers buy a dolda fel-försäkring (hidden defects insurance) before the sale. The insurance transfers the seller's ten-year liability under jordabalken, chapter 4, section 19, to the insurance company: if a complaint about a dolt fel comes up after the takeover, it is the insurance company, not the seller personally, that handles the claim and any compensation. Konsumentverket has reviewed this type of insurance and pointed to large differences between companies in what is actually covered.

The Norwegian system has moved in the opposite direction in recent years. After the 2022 change to the avhendingslova, a seller can no longer disclaim liability through an "as is" clause in a consumer purchase of a home, and as a rule the seller must present a tilstandsrapport prepared by a qualified building surveyor in order to make any reservation about individual matters at all. The contrast is the most useful insight for a Norwegian reader: Swedish law places a far-reaching duty to inspect on the buyer for ten years after takeover, while Norwegian law has in recent years moved the other way and placed more of the duty of disclosure on the seller. A Norwegian buyer who is used to the seller ordering and presenting the tilstandsrapport has to turn that thinking completely around when buying in Sweden: there it is the buyer's own inspection, not a report from the seller, that decides what can later count as hidden.

From Placepoint's dictionary: Dolda fel

More information: jordabalken 4 kap., Konsumentverket: Dolda fel i hus, Konsumentverket: Granskning av dolda fel-försäkringar

English: Hidden (latent) defects in a property, the Swedish ten-year seller-liability doctrine (Swedish-specific).

Common questions we come across

What are dolda fel?

Dolda fel are faults in a property that were already present at the time of takeover, but that the buyer could not discover even with a thorough inspection. The concept is set out in jordabalken, chapter 4, section 19.

How long is the seller liable for dolda fel in Sweden?

For ten years from the time the buyer took over the property. After that, the claim has expired, no matter when the fault was actually discovered.

What is undersökningsplikten?

It is the buyer's duty to inspect the property thoroughly before the purchase. How much is required depends on the age, condition and price of the property. Anything the buyer ought to have discovered through such an inspection does not count as a dolt fel.

What is a dolda fel-försäkring?

It is insurance that the seller takes out to transfer their ten-year liability under jordabalken, chapter 4, section 19, to an insurance company, so that the company handles claims about dolda fel instead of the seller.

What is the difference between Swedish and Norwegian liability for defects?

Swedish law places a far-reaching duty to inspect on the buyer for ten years. After the 2022 change to the avhendingslova, Norwegian law has moved the other way: the seller must normally present a tilstandsrapport and can no longer sell a home "as is" to a consumer.

As a buyer, should I order my own inspection when buying in Sweden?

Yes. Since the duty to inspect rests with the buyer, and not on a report ordered by the seller, your own besiktningsman reduces the risk of losing a later complaint case because of something a qualified review would have uncovered.