Real Estate Brokerage Regulation (2011:668)

Original Language Title: Fastighetsmäklarförordning (2011:668)

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2011:668

Application for registration



section 1 of The wishing to be registered as a real estate agent,

apply for it in writing in real estate inspection.



The application should include the applicant's name,

social security number, residential address, email address and telephone number

as well as, where appropriate, the firm that the applicant intends to

operate under.



It will be shown in the application for registration is sought for

mediation of all the property referred to in paragraph 1 of the

real estate law (2011:666), full registration,

or for delivery of tenancy only, registration for

letting agents.



If the applicant is to conduct brokerage business as an employee,

should the employer's name, address and phone number listed. Is

the employer is a legal person, shall also

the routing number is specified. Regulation (2012:26).



section 2 Of the application should be accompanied by evidence that the applicant



1. has such liability insurance referred to in section 6, 2

real estate law (2011:666),



2. have adequate training, and



3. do not have trustees under Chapter 11. 7 § parental code.



Real estate inspection may notify the

evidence referred to in the first subparagraph. Regulation (2012:26).



Notification of temporary activities



/Rubriken entry into force: 04/15/2016

Recognition of certain foreign qualifications



3 §/expires U:2016-04-15

The travelling to Sweden to be

temporarily working as a real estate broker shall be considered to comply with the

the requirement of satisfactory training in 6 § 3

real estate law (2011:666), if he or she



1. is legally established as an estate agent in an EEA State

or Switzerland (Member State of establishment), or



2. for at least two years out of the last ten years has been

the activities of real estate agents in an EEA State or Switzerland

If the profession is not regulated there.



The question of whether the activity is deemed to be considered temporary in view

the duration and scope of activities as well as

the facts are otherwise.



A broker referred to in the first subparagraph shall, instead of the

as stated in section 1, in advance, make a written notification

to the real estate inspection. Regulation (2012:26).



3 section/entry into force: 04/15/2016

Provisions on temporary mobility and recognition of qualifications acquired or recognised in a State other than Sweden in the EEA or in Switzerland, see law (2016:145) on the recognition of professional qualifications and in the regulations issued in connection with the Act.

Regulation (2016:167).



/Rubriken entry into force: 04/15/2016

Notification of temporary mobility



4 §/expires U: 2016-04-15/

A notification referred to in paragraph 3, third subparagraph shall contain

indication of the real estate broker's name, social security number or

date of birth, residential address, email address and telephone number

as well as, where appropriate, the firm that he or she runs

his activity during the. It shall be indicated in the notification of

the business includes brokering of all the property listed

paragraph 1 of the real estate law (2011:666) or only mediation

of rental units. Furthermore, the notification shall specify the period of time during

what the broker intends to operate in Sweden.



Notification shall be annexed to the



1. evidence of the broker's nationality,



2. evidence that the broker has insurance for liability

According to section 25 of the real estate law, and



3. attestation that the agent complies with the requirements of paragraph 3.



Real estate inspection may notify arrangements

If evidence and certificates referred to in the second subparagraph. Regulation (2012:26).



4 section/entry into force: 04/15/2016

The first relates to temporarily exercise the profession of estate agent in Sweden according to the provisions referred to in paragraph 3 shall, instead of those mentioned in § 1, in advance, give a written notice to the real estate inspection.



A notification referred to in the first subparagraph shall include an indication of the real estate broker's name, social security number or date of birth, residential address, e-mail address, telephone number and, if applicable, the firm that he operates under. It shall be indicated in the notification of the business includes brokering of all the property referred to in paragraph 1 of the real estate law (2011:666) or only the intermediation of rental units. Furthermore, the notification shall specify the period during which the broker intends to operate in Sweden.



Notification shall be annexed to the



1. evidence of the broker's nationality, 2. evidence that the broker has insurance for liability under section 25 of the real estate law, and 3. attestation that the broker qualify for temporary occupation under the Act (2016:145) on the recognition of professional qualifications and the regulations that have been issued in connection with the Act.



Real estate inspection may provide details relating to evidence and certificates referred to in the third subparagraph. Regulation (2016:167).



§ 5/expires U: 2016-04-15/

When a complete notification with attached documents

the real estate inspection, the broker shall be deemed to

registered in accordance with paragraph 5 of "real estate law (2011:666).

Registration is valid for one year and may be renewed on request

of the data subject. Regulation (2012:26).



§ 5/entry into force: 04/15/2016

When a complete notification with attached documents submitted to the real estate inspection, the broker is considered to be registered under paragraph 5 of the estate agents Act (2011:666). Registration is valid for one year and may be renewed at the request of the data subject. If the factual circumstances referred to in the documents annexed to an earlier intelligence changes, the broker provide additional relevant documents. Regulation (2016:167).



6 §/expires U: 2016-04-15/

A real estate broker registered with application of

§ 5 shall, in its activities in Sweden submit written information

in accordance with article 9 of the European Parliament and of the Council

Directive 2005/36/EC of 7 september 2005 on the recognition of

professional qualifications.



6 §/entry into force: 04/15/2016

Possession of such a European professional card referred to in paragraph 5 of the 9 teams (2016:145) on the recognition of professional qualifications concerning the profession in Sweden must be regarded as a preliminary notification under section 4.



A registration under section 5 which is based on a notification referred to in the first subparagraph shall apply for 18 months.

Regulation (2016:167).



Fees



section 7 Of the examination of an application under section be a fee

According to 9 to 14 of the fees regulation (1992:191),

tariff class 4 shall apply.



§ 8 The registered as real estate agents, from and

with the calendar year following the registration year pay an annual

fee of 2 500 SEK. This does not apply to the registered

with the application of section 5.



Real estate inspection may notify arrangements

If when the fee to be paid. Regulation (2012:26).



Information



§ 9 About an estate agent ceases its activities,

is declared bankrupt or get disqualification, Realtor

report it to the real estate inspection. The same applies to

If any circumstance that shall be indicated in accordance with paragraph 1 or 2 is modified.

Regulation (2012:26).



section 10 If an authority considers that there is a need to notify

a real estate broker reminder or warning or to revoke

the broker's registration, the authority shall notify the

Real estate inspection. Regulation (2012:26).



section 11 If real estate inspection has reason to believe

to any professional conveys property in violation of section 5 of

real estate law (2011:666), the inspection report

it to the public prosecutor. Regulation (2012:26).



12 § real estate inspection shall, on request, issue a certificate

If a real estate registration has not been revoked

or that warning or reminder has not notified the broker.

Regulation (2012:26).



section 13, real estate inspection, provide the information

and issue the certificates of competence, professional activity, or

similar conditions as a competent authority in an EEA State

or Switzerland. Regulation (2012:26).



section 14 if the real estate inspection has withdrawn

registration for a real estate agent who is registered

in accordance with section 5 or announced such brokers warning or

reminder, should the inspection since the decision a final

inform the competent authority or body in the broker's

Member State of establishment. Regulation (2012:26).



Education



section 15 of the training referred to in paragraph 6 of the 3 real estate law

(2011:666) should include real estate, real estate law

and other civil law, tax law, accounting, engineering and

property valuation.



The first paragraph does not apply to real estate agents that mediate

only tenancy. For them, the training include supervised

internship with a registered real estate brokers who engage in

intermediation of rental in respect of residential apartments.



Real estate supervisory authority may grant a derogation from the first and

second subparagraphs if there are special reasons for it in an

case-by-case basis.



Real estate inspection may notify the

education content and scope. Regulation (2012:26).



/Rubriken expires U: 2016-04-15/

Recognition of certain foreign qualifications



16 §/expire U:2016-04-15 by Regulation (2016:167)./

Applicants for full registration to be considered

comply with the requirement of satisfactory training in 6 § 3

real estate law (2011:666), if the applicant




1. the holder of a certificate of competence required in an EEA State or

Switzerland for the access to and exercise of the profession

real estate agents there and the card has been issued in such a

State,



2. has exercised the profession of estate agent on a full-time basis for at least

two years in the last ten years or part-time during the

corresponding longer in an EEA State or Switzerland if the profession

is not regulated there and can show proof that he

or she has completed a training course at the lowest secondary level

in an EEA State or Switzerland who prepared the applicant for

the exercise of the profession, or



3. can show proof that he or she has completed

a regulated education for real estate agents on the lowest

secondary level of at least one year in an EEA State or Switzerland, if

the profession is not regulated there.



section 17/expire U:2016-04-15 by Regulation (2016:167)./

The applicant for registration for letting agents, shall

deemed to satisfy the requirement of satisfactory training in 6 § 3

real estate law (2011:666), if the applicant



1. the holder of a certificate of competence required in an EEA State or

Switzerland for the access to and exercise of the profession

letting agents there and the card has been issued in such a State,

or



2. otherwise, the strength of qualifications as letting agents, who

acquired in an EEA State or Switzerland.



section 18/expire U:2016-04-15 by Regulation (2016:167)./

Although the applicant pursuant to section 16 of the requirement

adequate training, real estate inspection

require the applicant to undergo an aptitude test, if

the content of the training that the applicant has undergone

differ significantly from the training required in Sweden

and if the applicant fails in his professional activities have acquired the

knowledge required.



Real estate inspection may provide for

aptitude sample content. Regulation (2012:26).



§ 19/expire U:2016-04-15 by Regulation (2016:167)./

Real estate inspection may provide for

the documents, certificates and equivalent documents which the applicant

to add an application for registration based on the

recognition of foreign professional qualifications under 16 and

section 17 of the Act. Regulation (2012:26).



Insurance



section 20 of the insurance referred to in section 6 2 real estate law

(2011:666) must be taken out with an insurer that has

permission to operate insurance business in an EEA State or in

a country that is a member of the Organization for economic

cooperation (OECD). Real estate inspection may, in a

case-by-case basis, decide that the insurance may be taken out of another

insurer, if the latter is subject to appropriate requirements on the

solvency, liquidity, risk management and supervision that applies

for the Swedish insurance company.



Insurance conditions shall mean that



1. insurance for each loss event covers

liability up to 2 000 000 SEK

real estate agents that mediate all the property listed in

paragraph 1 of the real estate law and up to 200 000 SEK

real estate agent, who mediates rental apartments,



2. the insurance cover applies to damage caused during

the time when the insurance is in force,



3. the compensation shall be paid to the injured party without deduction

for excess,



4. the insurance cover may cease at the earliest one month after the

the real estate inspection has been advised of the

termination, and



5. the insurance coverage is adequate in the

respects that are relevant to the injured party's right.



For a real estate broker registered with application of

paragraph 5 of the second paragraph does not apply 4. Regulation (2012:26).



Real estate register



section 21 real estate inspection, with the help of

keep a register of automated processing

registered property agent (estate agent).



The inspection is a data controller under the

personal data Act (1998:204) for the table.



The Privacy Act applies unless otherwise provided by this

Regulation. Regulation (2012:26).



section 22 of the personal data may be processed in the real estate register

If it is necessary for



1. the examination of an application for registration or a

notification of temporary activities,



2. the supervision exercised over real estate inspection

real estate agent, according to real estate law (2011:666), and



3. public information about brokers who are or have

been registered.



Personal data processed for the purposes referred to in the first

subparagraph may also be treated to fulfil reporting

that is done in accordance with law or regulation. Otherwise

concerning paragraph 9 (d) and the second subparagraph

personal data Act (1998:204). Regulation (2012:26).



section 23 of the real estate register, the following information

recorded for each real estate agent:



1. name, social security number or date of birth, residential address,

email address and telephone number,



2. the firm name the broker operates under,



3. employer's name, address, telephone number and, if

the employer is a legal person, the registration number,



4. type of registration (full registration or

registration for letting agents); relating to the registration

temporary activities shall,



5. present and former professional indemnity insurance,



6. the date of the decision on registration, and



7. date of decision on de-registration.



The registry will also receive a statement of membership in a

industry organization noted, if the broker provided an indication of the

this.



section 24 for estate agents registered with application of

§ 5 shall in the real estate register in addition to the tasks referred to in

section 23 is noted, the broker's Member State of establishment and the time

for which the registration is valid.



section 25 of the real estate register, an indication of a

supervisory matter and decisions on disciplinary action

recorded. Otherwise, such information shall be entered in the

the register needed for real estate inspection

examination of questions about registration or inspection

supervision of estate agents. Regulation (2012:26).



26 § real estate inspection, in the case of a registered

real estate agents on its Web site, keep the following information in

the registry available:



1. the broker's name,



2. the time of the last registration;



3. the type of registration (full registration or

registration for letting agents),



4. the firm name the broker operates under,



5. employer's name and address if the broker is employed, and



6. the broker's Member State of establishment and the time for which

the registration is valid if the broker carries out temporary

activity. Regulation (2012:26).



paragraph 27 of the personal information in the real estate registry to screen

When no longer needed for the purposes of the register and the last

at the time specified in paragraphs 28 to 30.



section 28 the Court Has decided that disciplinary action shall

be eliminated, should a statement of action expires when the decision

Elimination final.



section 29 a task if a supervisory matter or a warning or

reminder for screening no later than five years after the

Real estate inspection by decision separate matter from

. Regulation (2012:26).



section 30 of the other information recorded about a real estate agent

According to sections 23 and 25 for screening no later than 10 years after the

the broker is unregistered.



section 31, the provisions of the personal data Act (1998:204) about

rectification and Indemnity apply to the processing of

personal data under this regulation.



Transitional provisions



2011:668



1. This Regulation shall enter into force on 1 July 2011, when

real estate brokerage Regulation (1995:1028) shall cease to

apply.



2. For the who before the entry into force was registered as

real estate agent, the condition relating to the insurance amount in

20 paragraph 1 be met by 1 January 2012.