Real Estate & Property Law
Legal Guidance for Property and Investment
Our Real Estate and Property Law practice advises property investors, developers, companies and private owners on the legal aspects of acquiring, holding, financing, leasing and selling land and buildings in Sweden. We assist with transactions from the first heads of terms to registration of title, carry out the legal review that gives a buyer or lender confidence in what is being acquired, and advise on the leases and security arrangements on which the value of a property often depends. For international clients, we also explain how the Swedish system of registration, formal requirements and public charges differs from the rules they know, so that an investment in Swedish property is structured and completed with certainty.
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Our Expertise
A property transaction is, at its core, a transfer of rights that must be correctly identified, validly documented and properly registered. In Sweden the register maintained by Lantmäteriet, the national land survey authority, records ownership, mortgages and many other rights, and the form of the transfer itself is prescribed by statute. Our work is to ensure that what the client believes it is acquiring corresponds to what the documents and the register actually show.
We advise investors in commercial and residential property, owners and operators of buildings, tenants and landlords, and companies for which property is part of a wider transaction, such as the acquisition of a business that owns or occupies premises. We take account of the interaction between property law and corporate, finance and tax considerations, which is why property matters are often better planned together with the corporate and financing work.
Property transactions are also often time-sensitive and involve several parties: sellers, buyers, lenders, tenants, authorities and advisers. We help clients manage that complexity by identifying early what must be verified, who must approve, and what has to happen before payment and transfer, so that completion proceeds on a defined basis.

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How We Can Assist
We support property clients from transaction planning and due diligence to registration, leasing and the resolution of disputes.
Property acquisitions and disposals
We advise buyers and sellers on the structure and terms of property transactions, whether the property is transferred directly or through the sale of a property-owning company. We prepare and negotiate purchase agreements and deeds, address conditions, warranties and the allocation of risk, and manage the steps to completion and payment.
Commercial leases
We draft, review and negotiate leases of offices, retail premises, industrial and logistics property, acting for landlords and tenants. Our advice covers the term and renewal provisions, rent and indexation, service charges, permitted use, alterations, assignment and subletting, and the consequences of termination.
Real estate due diligence
We carry out legal due diligence on property and property companies, reviewing title, registered rights and encumbrances, leases, planning and permit matters, easements, environmental and building issues and the contractual arrangements affecting the property. We report on what we find and on how it should be reflected in the price and the contract.
Property ownership and title
We advise on how title is acquired, shared and proved, including questions of co-ownership, rights of way and other easements, and the position of site leaseholds. We also address matters of ownership when property is held through companies, trusts or foreign structures.
Land registration
We prepare and make applications for registration of title (lagfart) and for the registration of rights in property, and advise on the documents required, including the formal requirements for the deed, any necessary permits and the stamp duty payable. We manage the timing so that the buyer’s position is protected.
Property financing and security
We advise borrowers and lenders on loans secured on property, including mortgage deeds (pantbrev), the registration and holding of security, loan covenants and the effect of the property’s position in a wider financing. We coordinate with our banking and finance practice where the transaction calls for it.
Property disputes
We advise on disputes concerning defects in sold property, breaches of purchase and lease agreements, rent and service-charge disagreements, boundary and easement questions, construction-related claims and the enforcement of property rights, and we help clients to decide whether to negotiate, mediate or litigate.
Cross-border property investments
We advise international investors who buy, develop or finance Swedish property, including on the choice of acquisition vehicle, the documentation that foreign buyers must provide for registration, the interaction with foreign-investment and tax rules, and coordination with their advisers in other jurisdictions.
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Swedish and International Legal Considerations
Swedish property law is codified, and its formal rules are strict. These are the main points a client should know.
The Land Code (jordabalken (1970:994))
The Land Code is the central statute of Swedish property law. It regulates the purchase and sale of real property, leases, mortgage deeds, easements and the registration of title. A contract for the sale of real property is valid only if it complies with the Code’s formal requirements, which include a written deed signed by both seller and buyer, so informal agreements and electronic signatures cannot be relied upon to transfer real property.
Registration of title (lagfart)
A buyer who acquires real property must apply to Lantmäteriet for registration of title within three months of the acquisition. The application is accompanied by the original deed, which must carry the seller’s signature witnessed by two persons. For purchases from 1 July 2026, buyers must provide a Swedish personal, coordination or organisation number, and a legal entity must show that its beneficial owner is registered.
Stamp duty
Stamp duty is payable by the buyer on registration of title, currently at 1.5 per cent for individuals and 4.25 per cent for legal entities, calculated on the higher of the purchase price and the assessed value. A transaction structured as a share sale of a property-owning company is treated differently, and the choice of structure therefore has legal and tax consequences that should be assessed in advance.
Buyer’s duty to inspect
Under the Land Code, a buyer has a duty to inspect the property before purchase, and this significantly affects the remedies available for defects that the buyer should have discovered. A thorough inspection and clear contractual terms about the property’s condition are therefore important.
Leases and special acquisition rules
Leases of premises are regulated by chapter 12 of the Land Code, which gives business tenants a measure of statutory protection on termination. Acquisitions of agricultural property may, in certain areas, require a permit under the Land Acquisition Act (jordförvärvslagen (1979:230)).
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Our Approach
Property matters turn on the register, the documents and the conditions for completion. We examine each in sequence.
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Understanding the transaction and the parties
We establish the structure, the parties, the timetable and the financing, and whether the property is held directly or through a company.
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Title searches and due diligence
We review the register, the title documents, registered rights and encumbrances, leases, permits and any other material that bears on the value and use of the property, and we report on our findings.
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Negotiating and documenting the transaction
We prepare and negotiate the purchase agreement, deed, lease or financing documents, addressing conditions, warranties, indemnities and the allocation of risk identified in the review.
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Completion, registration and security
We manage signing and completion, including payment mechanics, the registration of title and the registration of any mortgage deeds, and we coordinate with lenders and other advisers.
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Post-completion matters
We assist with the matters that follow completion, such as the administration of leases, the handling of defects claims and compliance with the registration conditions that are imposed on the new owner.
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Frequently Asked Questions
Can foreign nationals and companies buy property in Sweden?
Generally yes. There is no general prohibition on foreign ownership of Swedish property, although acquisitions of agricultural property in some areas may require a permit. For registration, a buyer must now provide a Swedish personal, coordination or organisation number, and a legal entity must show that its beneficial owner is registered, so preparation should begin before signing.
What are the formal requirements for a property purchase?
A purchase of real property must be documented in a written agreement signed by both parties, and the transfer is made by a deed. The seller’s signature on the deed must be witnessed by two persons for registration purposes. The buyer must apply for registration of title within three months. We prepare and review these documents so that the transfer is valid and can be registered.
What does due diligence on a property include?
Typically a review of the title and the register, mortgage deeds, easements and other rights, existing leases and rent rolls, planning and building permits, and any known defects or environmental issues. For a company that owns property, it also includes the corporate documents and the company’s liabilities. We tailor the scope to the transaction and report the results to the client.
What taxes and charges arise when buying property?
Stamp duty is payable on registration of title at a rate that depends on whether the buyer is an individual or a legal entity, together with a registration fee. Other taxes may arise depending on the buyer, the seller and the structure. We explain the legal aspects and recommend that the client takes advice from a tax adviser on the tax consequences.
How is a commercial lease different from a residential lease?
A commercial lease is governed by chapter 12 of the Land Code, but the parties have wider freedom to agree the terms, including rent, the term of the lease and indexation. The statutory protection of the tenant is more limited than for residential tenants, so the lease terms matter greatly. We negotiate and review these terms on behalf of landlords and tenants.
Can I buy through a company instead of directly?
Yes. Many property investors hold property in a company and sell the company rather than the property. The decision has implications for liability, financing, stamp duty and tax, and for the due diligence required. We advise on the structure that suits the client’s objectives, together with the client’s tax adviser.
The information provided here is general in nature and is not legal advice. It does not consider any particular document or circumstance. Swedish and EU rules change, and official texts should be read in the version in force.
Real Estate & Property Law
Discuss Your Legal Matter
If you are buying, selling, leasing or financing property in Sweden, write to us at info@smartlawafab.com with the property designation, the parties and any draft agreement or lease. We will consider your enquiry and reply by email.