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Obligation to reside on the property – ”boplikt”

Grimstad (Copyright: Colourbox.com)

Some acquisitions of property come with the obligation to reside on the property for a time. There are three types of this obligation in the Concession Act:

  • Transfers of property to someone with allodial rights

    When acquiring agricultural properties from close relatives or if you have allodial rights to a property, you – the owner personally – must live on the property for 5 years. This means that you register at the local tax office as a resident of Norway and living on the property.  This obligation for close relatives only applies to the properties that are:

    • at least 35 000 m2 of cultivated land or at least 500 000 m2 of productive forest, and have
    • a building used as a home.

    Ask the municipality if you are unsure if there is an obligation to reside on your property.

    If you are unable for some reason to move to the property within a year after becoming the owner then you must apply to the municipality for concession. The municipality may grant you more time before moving to the property, or allow you to rent out the property. You can also apply to use the property solely as a holiday home.

    If your application is denied, you can appeal to the County Governor. If you are not granted a concession and still do not move to the property, then you cannot remain the owner and you must sell the property. Please contact the municipality if you have any further questions.

     

  • Transfers of concession for Liable Real Estate Property

    - Obligation to reside as a condition for concession

    When applying for concession, you may have your application granted on the condition that you reside on the property or because you lease the houses to permanent residents etc.

    The municipality will set the conditions. If you do not agree, you can appeal to the County Governor. The County Governor can uphold or dismiss the application.

    The conditions concerning the “obligation to reside” can be a little different from case to case. It is most probable that you will be liable in the same way as close family which means that you personally must register as a resident, and continue to live on the property for 5 years.

    Another condition is to rent the property for a certain time, and the obligation is met when a tenant has been registered as residing on the property.

    If you do not comply with the terms, your owner’s concession may be withdrawn, and without a valid concession you must sell the property. This also applies even if you acquired the property many years ago.

  • Zero-concession

    – liability to reside on properties used as homes

    So far the obligation to reside on the property only extends to larger properties. The last liability is popularly named “zero-concession”. These are special rules for normal, small homes in certain municipalities. These rules ensure that there are properties available as permanent homes in areas where many wish to buy holiday homes.

    Only some municipalities have these rules. If you consider buying a holiday home in Norway, please check with the municipality or the estate agent if the municipality has these rules. A list can also be found here (only in Norwegian)

    If you intend to buy a property covered by these rules and intend to live there then you may certainly do so. You can also choose to rent the property. This obligation is always non-personal – it only stipulates that someone must be registered as living on the property.

    However, if you wish to use the property as a holiday home, you must apply for concession. The municipality decides the case. If your application is denied, you can appeal to the County Governor.

    Please contact the municipality if you have any further questions.