Pledging and forced sale of owner-occupied flats

Owner-occupied apartments were introduced as a new type of housing in Sweden in May 2009. Owner-occupied apartments involve direct ownership of an apartment. Previously, apartments could only be owned indirectly through a share in an association or limited company. Since owner-occupied apartments are considered as other real estate, the same regulation applies to owner-occupied apartments when transferring and pledging them. The problem with regulating a completely new form of housing in accordance with existing legislation on immovable property is that it does not take account of the specific features of owner-occupied flats. There are several potential problems with condominiums. In a time of recession and rising interest rates, it is likely that condominiums may be subject to enforcement proceedings and forced realization. The purpose of the thesis is to investigate and analyze the legal situation of pledging and forced realization of owner-occupied apartments. The purpose includes clarifying what consequences a forced realization of an owner-occupied apartment can have for various stakeholders to the owner-occupied apartment. The legislation on owner-occupied apartments is relatively new, which is why the purpose includes comparing the regulation of owner-occupied apartments with the regulation of traditional properties and condominiums.