Who is Responsible for What in Your BRF? Complete Guide to Responsibility

Who is Responsible for What in a Bostadsrättsförening? Your Complete Guide

Living in a bostadsrätt (tenant-owner apartment) in Sweden means shared responsibility between you as the tenant-owner and the bostadsrättsförening (BRF), or housing cooperative. It can sometimes be difficult to know exactly who is responsible for what, especially when damage occurs or maintenance is needed. This article clarifies the division of responsibility in a bostadsrätt, so that you as a resident can feel safe and informed in your Swedish home.

We will go through the basic principles of the division of responsibility, what is included in the member's and the association's responsibility, and how you should act in the event of various types of problems. The goal is to give you a clear and practical guide to responsibility issues in your bostadsrätt in Sweden.

What Does the Division of Responsibility in a Bostadsrättsförening Mean?

In a bostadsrättsförening in Sweden, there is a fundamental difference between what is considered the bostadsrätt owner's responsibility and what falls under the association's responsibility. This division is regulated in the Swedish Bostadsrättslagen (Tenant-Ownership Act) and the association's articles of association.

The bostadsrätt owner's responsibility mainly includes the internal maintenance of the apartment. This means that you as a resident are responsible for keeping the apartment in good condition, including surfaces, appliances, and fixed furnishings.

The association's responsibility extends to the property as a whole, including exterior walls, roofs, main lines for electricity, water and sewage, as well as common areas such as stairwells, laundry rooms and yards. The association is also responsible for maintaining and repairing damage that affects the property's basic function.

It is important to note that the division of responsibility may vary slightly depending on what is stated in the association's articles of association. Therefore, it is always a good idea to read through the articles of association carefully to get a clear picture of what applies in your specific association in Sweden.

Consequences of Lack of Maintenance

If you as a bostadsrätt owner neglect your maintenance responsibility, it can lead to serious consequences. In the worst case, the association can terminate your membership and force you to move. It is therefore important that you take your responsibility seriously and ensure that the apartment is well maintained.

If, on the other hand, the association neglects its responsibility, it can lead to damage to the property and, in the long run, affect the value of your bostadsrätt. It is therefore important that you as a member are active and point out any shortcomings to the board.

What Specific Maintenance is the Bostadsrätt Owner Responsible For?

As a bostadsrätt owner in Sweden, you have extensive responsibility for the maintenance of your apartment. This includes, but is not limited to:

• Surfaces: Painting, wallpapering and flooring in all rooms.
• Kitchen: Appliances (refrigerator, freezer, stove, dishwasher), kitchen doors, countertops and sink.
• Bathroom: Sanitary ware (toilet, sink, bathtub/shower), tiles (but usually not the waterproofing layer – see below).
• Electricity: Electrical outlets, switches, luminaires (but usually not electrical wires in the walls).
• Water: Taps and mixers.
• Interior doors and windows: Maintenance and possible replacement (however, there may be special rules for windows in the association's articles of association).
• Wardrobes and other fixed furnishings.

It is important to note that you as a bostadsrätt owner are also responsible for damage that occurs due to lack of maintenance. For example, if you do not fix a leaking tap in time and it causes water damage, you may be liable to pay for the repair.

Examples of the bostadsrätt owner's responsibility:

• You discover a crack in the tiles in the bathroom: You are responsible for repairing or replacing the tiles.
• Your dishwasher breaks down: You are responsible for purchasing and installing a new dishwasher.
• You want to repaint the living room: You are responsible for buying paint and carrying out the painting work.

What Maintenance is the Bostadsrättsförening Responsible For?

The bostadsrättsförening in Sweden has a responsibility to maintain the property as a whole and ensure that it is in good condition. This includes, among other things:

• Exterior walls and roof.
• Main lines for electricity, water and sewage.
• Ventilation system.
• Elevators.
• Stairwells and other common areas.
• The property's foundation and load-bearing structures.
• Waterproofing in bathrooms (usually).
• Windows (external maintenance).

The association is also responsible for repairing damage that affects the property's basic function, such as water damage caused by leaking roofs or broken main lines. It is important that you as a member report any problems to the board as soon as possible, so that they can be rectified.

Examples of the association's responsibility:

• Water is leaking from the roof: The association is responsible for repairing the roof.
• A main line for sewage breaks down: The association is responsible for repairing the main line.
• The elevator stops working: The association is responsible for repairing the elevator.

How Do the Association's Articles of Association Affect the Division of Responsibility?

The association's articles of association are a legal document that regulates the association's activities and the members' rights and obligations. The articles of association may contain specific provisions on the division of responsibility between the association and the members, which go beyond what is stated in the Bostadsrättslagen. For expats in Sweden, understanding these articles is crucial.

It is therefore important that you read through the articles of association carefully to get a clear picture of what applies in your specific association in Sweden. For example, the articles of association may state that the association is responsible for the maintenance of certain parts of the apartment that would normally be the member's responsibility, or vice versa.

Examples of how the articles of association can affect the division of responsibility:

• The articles of association state that the association is responsible for the maintenance of windows, both inside and out: In this case, you as a member do not need to pay for the maintenance of your windows.
• The articles of association state that the member is responsible for the waterproofing in the bathroom: In this case, it is you as a member who is responsible for ensuring that the waterproofing is in good condition.

What Applies to Water Damage? A Step-by-Step Guide

Water damage is one of the most common and costly damages in bostadsrätter in Sweden. It is therefore important to know how to act if water damage occurs. Here is a step-by-step guide:

1. Stop the leak: Try to stop or limit the leak as quickly as possible. Turn off the water if necessary.
2. Report the damage: Report the damage to your bostadsrättsförening and your insurance company as soon as possible.
3. Document the damage: Take pictures and videos of the damage as evidence.
4. Limit the damage: Try to limit the damage by wiping up water and moving valuable objects.
5. Cooperate with the association and the insurance company: Follow their instructions and provide the information they need.

Who Pays for the Water Damage?

The responsibility for paying for the water damage depends on what caused the damage and who is responsible for the maintenance of the part of the property where the damage has occurred. Generally, the following applies:

• If the damage has been caused by a leak in a main line: The association is responsible for paying for the repair.
• If the damage has been caused by a leak in a tap or a pipe in your apartment: You as a member are responsible for paying for the repair (if you have been negligent).
• If the damage has been caused by a defective seal in the bathroom: The responsibility depends on what is stated in the articles of association. If the articles of association state that the association is responsible for the waterproofing, the association pays. Otherwise, you as a member pay.

Regardless of who is responsible for paying for the repair, you may be entitled to compensation from your insurance company. Contact your insurance company for more information.

Important Points to Consider for a Smooth Division of Responsibility

To avoid conflicts and misunderstandings regarding the division of responsibility in your bostadsrättsförening in Sweden, it is important to consider the following:

• Read through the articles of association carefully: Make sure you have a clear picture of what applies in your specific association.
• Communication is key: Have an open and honest dialogue with the board about any problems or questions.
• Document everything: Save receipts, agreements and other documentation that may be relevant in the event of disputes.
• Be proactive: Do not wait until damage occurs, but make sure to maintain your apartment regularly.
• Contact a lawyer: If you are unsure of what applies in a specific case, contact a lawyer who specializes in bostadsrätt issues in Sweden.

Common Questions About Division of Responsibility in Bostadsrätt (FAQ)

• Who is responsible for replacing windows in a bostadsrätt in Sweden?
  • It depends on what is stated in the association's articles of association. Often, the association is responsible for the external maintenance of the windows, while the member is responsible for the internal maintenance. In some cases, the association may be responsible for the entire window replacement.
• Who is responsible for fixing a blockage in the drain in Sweden?
  • If the blockage is in your own apartment, you are responsible for fixing it. If the blockage is in a main line, the association is responsible.
• What happens if I do not maintain my apartment in Sweden?
  • If you neglect your maintenance responsibility, the association can terminate your membership and force you to move.
• Who pays for pest control in a bostadsrätt in Sweden?
  • If the pests are in your own apartment, you are responsible for paying for the control. If the pests are in common areas, the association is responsible.
• Who is responsible for replacing a broken water heater in Sweden?
  • If the water heater is part of the association's property, the association is responsible. If the water heater is your own, you are responsible.