Here are 25 common questions and answers in the category hidden defects (dolda fel) for the Swedish construction industry. Every answer is anchored in primary law (PBL, BBR, KTjL, AFS, ABS 18, AB 04) and authoritative guidance. The data is open and free to use with attribution.
Defects that are not visible at inspection but which the buyer could not have detected. They may lie in the foundation, roof, walls, piping or electrical systems. The seller is liable under Jordabalken 4 kap. in a property sale.
Sources: Jordabalken 4 kap.
For property purchases: 10 years from the date of possession under Jordabalken. For consumer contracting (ABS18): 10 years after final inspection for hidden defects in the building.
Sources: Jordabalken 4 kap. · ABS18
Yes, within the 10-year limit. Complaints must be made "within a reasonable time" after discovery - practically a few months to a maximum of 1 year. Later, the right to complain may be lost.
Sources: Jordabalken · Konsumenttjänstlagen
An independent inspector produces a report. Photo documentation, dates, protocol. Obtain a quote for remediation. Send a written complaint to the seller/contractor by registered mail.
Sources: Konsumentverket
The seller in a property sale (unless the inspector could have detected the defect). The contractor in the case of contracted work. Insurance may step in (sellers often have hidden-defect insurance).
Sources: Jordabalken · ABS18
Optional insurance for property sellers that covers the seller's liability for hidden defects up to an agreed amount. Costs 5,000-15,000 SEK depending on the house.
Sources: Försäkringsbranschen
Zaragoza AB recommends an independent certified inspector. We can provide a technical second opinion and a remediation quote if a defect is confirmed.
Sources: Zaragoza AB tjänstekatalog
It can, if the seller knew. Radon above 200 Bq/m3 requires remediation. Measure in a house you are buying! A two-year measurement costs 2,000-5,000 SEK. Remediation can cost 30,000-100,000 SEK.
Sources: Strålsäkerhetsmyndigheten
Yes, if it was present at the date of possession and was not detected. Black mould in wall/ceiling can be expensive to remediate (50,000-200,000 SEK). The seller may be liable for compensation.
Sources: Jordabalken 4 kap.
Legal documentation. Anything stated in the protocol is "discovered" and cannot later be claimed as a hidden defect. What is *not* in the protocol may be a hidden defect.
Sources: Jordabalken
Yes, if you can prove financial loss (e.g. temporary housing during remediation). The district court decides in case of dispute. ARN (consumer) or court (business or larger amounts).
Sources: Skadeståndslagen
If they do not meet current safety standards and the seller did not disclose them: yes, they can be hidden defects. But older houses often have older wiring and buyers should expect remedial work.
Sources: ELSÄK-FS
Under Jordabalken 4 kap. 19 §, a hidden defect is a defect in the property that deviates from what the buyer could reasonably have expected at the time of purchase, and that could not have been detected through a careful inspection. The defect must have existed at the date of possession. The seller is liable for up to 10 years after the date of possession. Hidden defects primarily apply to transfers of real property between private individuals.
Sources: Jordabalken 4 kap. 19 § · NJA 1979 s. 790
The seller's liability for hidden defects on a sale of real property lasts for 10 years from the date of possession under Jordabalken 4 kap. 19b §. Complaints must be made within a reasonable time after the buyer discovered or should have discovered the defect (normally 2-6 months). After 10 years the claim is barred by limitation regardless. For housing cooperative apartments a 2-year complaint period under the Sale of Goods Act applies.
Sources: Jordabalken 4 kap. 19b § · Köplagen 32 §
A hidden defect is an objective deviation from what the buyer could expect. A representation is a specific statement the seller has made about the property (e.g. "the roof was replaced in 2020"). For a breach of representation, the buyer does not need to prove that the defect was hidden - the seller is liable in any case. Representations should be documented in writing in the property description or purchase contract.
Sources: Jordabalken 4 kap. 19 § · NJA 1983 s. 865
Under Jordabalken 4 kap. 19 § the buyer has a far-reaching duty to inspect the property before purchase. This means the buyer must inspect the property as carefully as a normally experienced layperson. Certain areas (crawl space, attic, wet rooms) require extra attention. Defects that could have been detected through such an inspection are not counted as hidden. Hiring a building inspector broadens the inspection but the basic duty remains.
Sources: Jordabalken 4 kap. 19 § · NJA 1998 s. 407
Moisture damage in a crawl space is a common point of dispute. If the damage was not visible on careful visual inspection of the crawl space and the buyer had no reason to suspect the problem, it may count as a hidden defect. But the buyer is expected to open and look into the crawl space. Mouldy odour or visible moisture at the viewing reduces the ability to claim a hidden defect.
Sources: Jordabalken 4 kap. 19 § · NJA 2010 s. 416
Yes, if a professional building inspector under SBR's standard did not detect the defect during a Jordabalken inspection, this strongly supports the defect being hidden from a lay buyer. The buyer can also pursue a separate claim against the inspector under KTjL. The seller may however argue that the buyer had reason to suspect after the inspection, which can affect the assessment.
Sources: Jordabalken 4 kap. 19 § · KTjL 31 §
Hidden-defect insurance (seller liability insurance) is taken out by the seller before sale and runs for 5-10 years after the date of possession. It compensates the seller for damages on the buyer's hidden-defect claim. The cost is around 4,000-15,000 SEK depending on the age and value of the property. The insurance often excludes wet rooms, installations and previously known defects. Gar-Bo, Anticimex and Länsförsäkringar are common providers.
Sources: Försäkringsavtalslagen · Konsumentverket
Under Jordabalken 4 kap. 19 § the buyer is entitled to a price reduction equal to the reduction in value caused by the defect, or damages if the seller has been negligent. Rescission of the purchase requires that the defect is of material significance - a high threshold that is rarely reached. Damages can also cover consequential costs such as temporary housing. The claim is barred 10 years after the date of possession.
Sources: Jordabalken 4 kap. 19 § · Jordabalken 4 kap. 12 §
The complaint must be made in writing within a reasonable time (usually 2-6 months) after the buyer discovered the defect. The letter (preferably with return receipt) should state: the property, the nature of the defect, when it was discovered, the requested remedy (price reduction, damages, rescission) and the amount. Attach documentation such as an inspection and photographs. Contact the hidden-defect insurer if one exists. Zaragoza AB writes technical opinions in disputes.
Sources: Jordabalken 4 kap. 19a § · Preskriptionslagen
When buying a newly built single-family home directly from a contractor, the Consumer Services Act and ABS 18 apply instead, not Jordabalken's hidden-defect rules. Liability for defects is 10 years (5-year warranty period plus 5-year liability period under ABS 18). On resale of a newly built house, Jordabalken's rules activate between the new parties. Färdigställandeskydd (completion protection) and byggfelsförsäkring (construction defect insurance) are statutory requirements for new construction.
Sources: KTjL · ABS 18 · Lag 2014:227
Elevated radon levels can count as a hidden defect if the level exceeds Strålsäkerhetsmyndigheten's guideline value of 200 Bq/m3 and the seller has not informed the buyer. But radon occurs naturally in Sweden and the buyer is expected to have some awareness. If no radon measurement exists and the seller has said the level is unknown, the buyer has a duty to inspect. Case law varies - rulings have gone both for buyers and sellers.
Sources: Strålsäkerhetsmyndigheten · Jordabalken 4 kap. 19 §
Yes, faulty or unauthorized electrical installations can constitute a hidden defect because they are often hidden in walls and not detected on visual inspection. Defects that breach Elsäkerhetsverket's rules or lack documentation from an authorized electrician are typical examples. The buyer should check that self-inspection protocols exist for prior installations. Remediation costs can in some cases be compensable as a price reduction.
Sources: Elsäkerhetsverket · Jordabalken 4 kap. 19 §
Hidden-defect disputes for real property are handled by the district court where the property is located. The threshold for small claims is half a price base amount (about 29,400 SEK in 2026); below this the simplified FT-procedure with limited legal costs applies. Before filing a suit, the parties should attempt settlement, possibly via ARN (although ARN does not hear property disputes). The insurer is often involved via legal protection cover.
Sources: Rättegångsbalken 10 kap. · Prisbasbeloppet 2026