Historic Environment Act (1988:950)

Historic Environment Act (1988:950) up to and including SFS 2018:794.

Chapter 1 Introductory provisions

Section 1   The protection and conservation of our cultural heritage is a matter of national concern.

Responsibility for cultural heritage is shared by all. Both individuals and public authorities shall demonstrate consideration and care with respect to cultural heritage.

The person who is planning or executing works shall ensure that damage to cultural heritage is avoided or limited.

The aim of the provisions in this Act is to ensure current and future generations have access to a diverse range of cultural heritage. Act (2013:548).

Section 2   This Act contains provisions on place-names, ancient monuments and remains, listed buildings and ecclesiastical cultural heritage, on the export and restitution of cultural objects and on the military use of cultural property.

The county administrative board is responsible for the central government’s work with cultural heritage in the county.

The Swedish National Heritage Board supervises work with cultural heritage in Sweden. The Swedish National Heritage Board is able to appeal against decisions made by a court or any other public authority pursuant to Chapters 1–5.

Provisions concerning cultural heritage are also found in other statues including the Environmental Code, the Planning and Building Act (2010:900) and the Forestry Act (1979:429). Act (2017:629).

Section 3   That which is prescribed in this Act concerning owners of real property or buildings shall, when the title of the property or building is held under a restrictive covenant or on terms that are comparable therewith or with permanent tenure, apply to the holder.

Section 3a   The provisions in Chapters 1, 2 and 5–8 shall also be applied within the contiguous zone in accordance with the Act (2017:1273) on Sweden’s Contiguous Zone.

The geographic extent of the zone is specified in Annex 5 to the Act (2017:1272) on Sweden’s Territorial Waters and Maritime Zones.

The application of this Act and the regulations and other decisions that are pronounced by virtue of the Act may not result in any restriction of the applicable rights under international law to freedom of navigation within the contiguous zone and to overflight of the zone, nor to any other right that proceeds from generally recognised principles of international law.

That which is said about the county administrative board in the provisions specified in the first paragraph shall denote the county administrative board in the county in the territorial water that is closest to the area concerned. Act (2017:1277).

Good place names practice

Section 4   Good place names practice shall be observed in central government and municipal operations. This means that

– established place names are not to be changed without good reason,

– place names are generally to be spelled in accordance with generally accepted rules for linguistic correctness, unless established spelling forms indicate otherwise,

– the impact on established names is to be taken into account when creating new place names, and

– names in Swedish, Sami, Finnish and Meänkieli are, as far as possible, to be used simultaneously on maps and on signage and other markings in multilingual areas.

Names that have been approved by Lantmäteriet shall be used in central government and municipal operations in their approved form. Act (2013:548).

Chapter 2 Ancient monuments

Ancient remains and ancient finds

Section 1   Ancient remains are protected under this Act.

Ancient remains are the following remains of human activity in ancient times, that have been created through the practices of times past and have been permanently abandoned:

6. graves, funerary structures and grave fields, as well as cemeteries and other burial grounds,
7. standing stones as well as stones and rock surfaces with inscriptions, symbols, marks and images, as well as other carvings or paintings,
8. crosses and memorials,
9. places of assembly for the administration of justice, cults, commerce and other public purposes,
10. remains of homes, settlements and workplaces and cultural layers resulting from the use of such homes, settlements or workplaces, as well as remains of working life and occupations,
11. ruins of fortresses, castles, monasteries, church buildings and defences, as well as other buildings and structures,
12. routes and bridges, harbours, beacons, road signs, sea marks and similar facilities for communications, as well as boundary markers and labyrinths, and
13. remains of ships.

Natural formations associated with ancient practices, legends or noteworthy historical events and the remains of ancient popular cults are also ancient remains. Act (2013:548).

Section 1a   That which is stated in Section 1 is not applicable if it may be presumed that the remains have been created, or, in respect of the remains of ships, were wrecked, in 1850 or later.

Remains as referred to in the first paragraph may be declared ancient remains by the county administrative board if there are specific grounds in view of their cultural and historical value. Act (2013:548).

Section 2   Ancient remains are given an area of land or seabed that is sufficiently large to preserve the ancient remains and to afford them adequate space in view of their type and importance. This area is to be termed an ancient remains area.

When a matter arises concerning the boundaries of an ancient remains area, the matter is considered by the county administrative board.

If a case concerning the determination of boundaries is initiated by someone other than the owner of the area, the owner shall be informed about the case and given the opportunity to state their opinion on the matter. The owner shall be informed by service of process. Act (2013:548).

Section 3   Ancient finds are objects that have no owner when they are found and which

1. are found in or near ancient remains and are associated with them, or
2. are found under other circumstances and may be presumed to be from the period prior to 1850. Act (2013:548).

Section 4   Ancient finds as referred to in Section 3, point 1 become the property of the Swedish State.

Ancient finds as referred to in Section 3, point 2 become the property of the finder. He or she is, however, obliged to offer the State the opportunity to acquire it in return for payment (offer of first refusal) if

1. the ancient find contains objects that consist partly or entirely of gold, silver, copper, bronze or other copper alloy, or
2. the ancient find consists of two or more objects that may be presumed to have been abandoned together.

Ancient finds that are found on or beneath the seabed outside the limits of national jurisdiction and are salvaged by a Swedish vessel or brought to Sweden become the property of the State.

The remains of a ship that are found on or beneath the seabed outside the limits of national jurisdiction and are salvaged by a Swedish vessel or brought to Sweden become the property of the State if it may be presumed that the ship was wrecked prior to 1850. Act (2013:548).

Section 5   The person who finds an ancient find that shall become the property of or be offered to the State shall report the find to the county administrative board or the Swedish Police Authority as soon as possible. Ancient finds that belong to the remains of ships can also be reported to the Swedish Coast Guard.

The finder is obliged, upon request, to hand over the ancient find in return for a receipt and to state where, when and how the ancient find was found. Act (2014:694).

Protection, conservation and investigation of ancient remains and sites where ancient finds have been found

Section 6   It is prohibited, without permission pursuant to this chapter, to disturb, remove, excavate, cover, alter through construction, planting or any other means, or damage ancient remains. Act (2013:548).

Section 7   The Swedish National Heritage Board and the county administrative board may implement those measures that are necessary in order to protect and conserve ancient remains.

These measures may, for example, involve relocation, refurbishment and enclosure of the ancient remains or clearance. The measure may also involve the ancient remains being incorporated into a construction.

The county administrative board may commission another party to implement such measures as are referred to in the first paragraph on the terms and conditions determined by the county administrative board. However, a measure that involves ancient remains being disturbed or altered may not be implemented without the county administrative board’s commission explicitly pertaining to such a measure.

Prior to any measure being implemented, the person that owns or has a specific right to the land or construction shall be notified through service of process. The same shall apply in respect of a water zone.

If the measures result in costs or damage for the owner or anyone else, he or she is entitled to reasonable compensation from public funds. Decisions concerning compensation are made by the county administrative board and are served to the person who is affected by the decision. Act (2013:548).

Section 8   The Swedish National Heritage Board and the county administrative board may investigate ancient remains, salvage the remains of a ship that is ancient remains and investigate a site where ancient finds have been found.

The county administrative board may grant permission to another party to conduct this type of investigation or salvage operation under the terms and conditions determined by the county administrative board.

The investigation or salvage operation is subject to the provisions on notification and compensation as set out in Section 7, third and fourth paragraphs.

If the remains of a ship that is ancient remains is salvaged, it shall become the property of the State if it does not have an owner. Act (2013:548).

Section 9   The Government or the authority determined by the Government may issue regulations concerning what the public shall observe within and in the vicinity of the areas referred to in Section 2.

Regulations as referred to in the first paragraph may also be issued for a site where ancient finds have been found, provided this can be done without causing any significant inconvenience. Such regulations may only apply until the site has been investigated in accordance with Section 8.

The county administrative board may decide on the use of land in the vicinity of the areas referred to in Section 2, on condition that this does not considerably impede the current use of the land.

A decision concerning regulations shall be announced in an appropriate manner. Act (2002:913).

Interference with ancient remains

Section 10   The person who intends to erect a building or construction or carry out other works should, well in advance, by obtaining information from the county administrative board, establish whether there are any ancient remains that may be affected by the works and, if so, consult with the county administrative board as soon as possible.

If ancient remains are found during digging or other works, that aspect of the works that affects the ancient remains should be stopped immediately. The person who is in charge of the works shall immediately notify the county administrative board of the situation. Act (2013:548).

Section 11   If an archaeological survey is required in order to establish whether ancient remains are affected by planned works that involve a large area of land being claimed, the cost of the survey shall be paid by the entrepreneur. Development of this nature includes the construction of public roads, major private roads, railways, airfields, facilities for the supply of energy, major waterworks and more extensive construction for residential, industrial and commercial purposes.

Decisions concerning archaeological surveys are made by the county administrative board. The county administrative board shall specify in the decision who is to conduct the survey. The Public Procurement Act (2016:1145), the Act (2016:1146) on Procurement in the Water, Energy, Transport and Postal Services Sectors or the Act (2016:1147) on Procurement of Concessions are not applicable in such cases. The county administrative board shall take into account the fact that the survey shall be of a good standard in terms of its scientific quality and be carried out at a cost that is not higher than is justified in view of the circumstances. Act (2016:1150).

Section 12   The person who wants to disturb, remove, excavate, cover or alter through construction, planting or any other means, or damage ancient remains shall apply to the county administrative board for permission.

The county administrative board may only grant such permission if the ancient remains causes an obstacle or inconvenience that is unreasonable in relation to the importance of the ancient remains.

In the case of the owner of the remains of a ship or an ancient find that belongs to the remains of a ship, permission may be granted unless there are specific grounds to indicate otherwise.

If anyone other than the owner of the land or water zone or the owner of the remains of a ship applies for permission, the application shall be rejected if the owner objects to the measure and there are no exceptional grounds on which to grant permission. Act (2013:548).

Section 13   As conditions for permission in accordance with Section 12, the county administrative board may impose reasonable demands that

1. an archaeological excavation be conducted in order to document the ancient remains, recover ancient finds and communicate the results, or
2. specific measures be implemented to preserve the ancient remains.

If possible, the decision shall specify the estimated cost of these measures.

Before the county administrative board considers an application pursuant to Section 12, it may decide that a preliminary archaeological investigation be conducted if this is necessary in order to gain satisfactory evidence on which to assess the application or in order to assess the need to demand that an archaeological investigation be conducted.

In its decision concerning a preliminary archaeological investigation or archaeological investigation, the county administrative board shall specify who will be conducting the investigation. The Public Procurement Act (2016:1145), the Act (2016:1146) on Procurement in the Water, Energy, Transport and Postal Services Sectors or the Act (2016:1147) on Procurement of Concessions are not applicable in such cases. The county administrative board shall take into account the fact that the investigation shall be of a good standard in terms of its scientific quality and be carried out at a cost that is not higher than is justified in view of the circumstances. Act (2016:1150).

Section 14   The person who is carrying out works that affect ancient remains is responsible for the cost of measures in accordance with Section 13.

However, the entrepreneur is not responsible for costs that

1. are attributable to ancient remains that were previously unknown,
2. substantially exceed that which the county administrative board has specified in a decision concerning permission in accordance with Section 13, second paragraph,
3. are attributable to a preliminary archaeological investigation in accordance with Section 13, third paragraph if the county administrative board does not grant permission to interfere with the ancient remains in accordance with Section 12, second paragraph, or
4. are attributable to a preliminary archaeological investigation or an archaeological investigation in accordance with Section 13 if it turns out that no ancient remains are affected by the works.

Decisions pursuant to this paragraph are made by the county administrative board and are served to the entrepreneur. Act (2013:548).

Section 15   If someone is denied permission in accordance with Section 12 with respect to ancient remains that, when found, were entirely unknown and had no visible trace above ground, he is entitled to reasonable compensation from public funds if the ancient remains cause him significant hindrance or inconvenience. An application for such compensation is submitted to the county administrative board.

The application must have been received by the county administrative board within two years of the date on which the ancient remains were found through digging or other works, otherwise the right to compensation is lost. That which is stated with regard to compensation shall not apply if the land is expropriated.

Compensation for hindrance or inconvenience shall be deposited with the county administrative board. In respect of distribution and disbursement of deposited amounts and the legal consequences of distribution and disbursement, the applicable parts of that which is prescribed for cases where right of use or right to easement is granted pursuant to the Expropriation Act (1972:719). However, the amount shall be disbursed directly to the applicant if it is of no material importance to any rightsholder other than the applicant.

Acquisition by the State and finder’s fee in connection with ancient finds

Section 16   In connection with the acquisition by the State of an ancient find that, pursuant to Section 4, must be to offered to the State for first refusal, compensation shall be payable at an amount that is reasonable in view of the nature of the find; however, for finds that are objects made of precious metal, this amount shall be no less than the corresponding value of the metal by weight, adjusted upwards by one eighth.

A separate finder’s fee may also be paid for ancient finds.

Matters concerning acquisition by the State, compensation and finder’s fees are considered by the Swedish National Heritage Board.

Distribution of finds

Section 17   The Swedish National Heritage Board may, through the distribution of finds, transfer the State’s right to an ancient find to a museum that undertakes to hold it in trust in the future in a satisfactory manner. Act (2017:562).

Metal detectors

Section 18   An apparatus that can be used to search electronically for metal objects under the surface of the ground (metal detector) may not be used without permission.

Nor may a metal detector be brought without permission onto ancient remains other than when travelling on roads that are at the disposal of the general public.

Permission is not required for

1. The Swedish National Heritage Board,
2. the person who, having obtained the consent of the county administrative board in accordance with Section 8, second paragraph, Section 11, second paragraph or Section 13, fourth paragraph, is carrying out such investigation of ancient remains or sites where ancient finds have been found,
3. carrying and use in military operations in order to search for objects other than ancient finds, and
4. use on behalf of a public authority in order to search for something other than ancient finds. Act (2013:548).

Section 19   Permission to use and carry metal detectors may only be granted for activities that

1. pertain to searching for objects other than ancient remains, or
2. are part of scientific research by the public sector.

Permission may be subject to such conditions as are necessary in order to ensure that metal detectors are not used in a way the violates this Act.

A decision concerning permission shall contain information about

1. the purpose for which the metal detector may be used,
2. the person to whom the permission applies,
3. the period for which the permission is valid, and
4. the geographical area within which the metal detector may be used and carried. Act (2013:548).

Section 20   The county administrative board considers matters concerning permission to use and carry metal detectors.

The Government or the authority determined by the Government may issue regulations concerning fees for an application for permission. Act (2017:562).

Liability etc.

Section 21   Fines or imprisonment of up to six months are imposed for archaeological heritage offences on the person who intentionally or through negligence

1. appropriates, acquires, conceals, damages, alters or sells objects that, in accordance with Section 4, shall become the property of or be offered for sale to the State, or
2. unlawfully disturbs, removes, excavates, covers or alters through construction, planting or any other means, or damages ancient remains.

If an offence as referred to in the first paragraph has been committed with intent and is deemed to be a serious archaeological heritage offence, a sentence of imprisonment of up to four years is imposed. When assessing whether the offence is serious, specific consideration shall be given to whether

1. the perpetrator has used special equipment or has demonstrated in particular cunning in some other way, or
2. the Act has been committed habitually, has pertained to an ancient find that is of greater value or size or has resulted in extensive destruction of an ancient monument.

For attempted or preparation to commit a serious archaeological heritage offence a sentence is imposed in accordance with Chapter 23 of the Penal Code. Act (2013:548).

Section 21a   Fines or imprisonment of up to six months are imposed on the person who intentionally or through negligence

1. fails to report ancient finds in accordance with Section 5,
2. fails to notify the county administrative board in accordance with Section 10, second paragraph, or
3. violates Section 18.

Act (2013:548).

Section 21b   Fines are imposed on the person who intentionally or though negligence violates regulations or decisions issued by virtue of Section 9. Act (2013:548).

Section 22   In the event of non-compliance with a decision or regulation in accordance with this chapter, the Swedish Enforcement Authority may give notice of special enforcement assistance in order to rectify the matter. Applications for enforcement assistance may be submitted by the Swedish National Heritage Board and the county administrative board.

In respect of such enforcement assistance as referred to in the first paragraph, there are provisions in the Act (1990:746) on Injunctions to Pay and Enforcement Assistance. Act (1991:872).

Section 22a   Ancient finds that have been the subject of offences in accordance with this chapter and which shall not, in accordance with Section 4, first paragraph, still become the property of the State, shall be declared forfeit, provided this is not evidently unreasonable. Instead of the ancient find, its value may be declared forfeit. Other profits of such an offence shall also be declared forfeit, provided this is not evidently unreasonable.

The same applies to what someone has received as compensation for costs in conjunction with such an offence or the value of that which was received, provided the receipt constitutes an offence in accordance with this chapter.

Metal detectors that have been used in offences in accordance with this chapter shall be declared forfeit, provided this is not evidently unreasonable.

In addition to that which is stated in the second paragraph, property that has been used to assist the commission of an offence in accordance with this chapter may be declared forfeit if this is necessary in order to prevent crime or there are other reasonable grounds on which to do so. The same applies to property that has been intended to be used to assist the commission of an offence in accordance with this chapter, provided the offence has been committed or the procedure has constituted a punishable attempt or punishable preparation. Instead of the property, its value may be declared forfeit. Act (2005:301).

Section 23   A decision pursuant to Section 1a, second paragraph applies immediately.

In cases pursuant to Section 2, second paragraph and Section 9, the county administrative board may, if necessary, issue regulations that apply until such time as the case is concluded definitively. Act (2013:548).

Appeals etc.

Section 24   It is possible to appeal to the Government against decisions made by the Swedish National Heritage Board pursuant to Section 17.

It is possible to appeal to an administrative court against other decisions pursuant to this chapter, provided nothing else applies by virtue of Section 25.

Leave to appeal is required when appealing to the Administrative Court of Appeal.

The municipality may appeal against decisions pursuant to Section 1a, second paragraph, Section 2, second paragraph, Section 9, first–third paragraphs and Section 12, second paragraph. Act (2013:548).

Section 25   It is not possible to appeal against decisions made by the county administrative board in respect of

1. compensation for costs or damage in accordance with Section 7, fourth paragraph,
2. compensation in accordance with Section 8, third paragraph
3. decisions concerning the cost of a preliminary archaeological excavation or archaeological investigation in accordance with Section 14, second paragraph, or
4. compensation in accordance with Section 15, first paragraph.

The person who are dissatisfied with a decision referred to in the first paragraph may bring proceedings against the State before the Land and Environment Court within one year of the date on which he or she was informed of the county administrative board’s decision.

Compensation that is decided by a court pursuant to Section 15, first paragraph shall be deposited in accordance with the provisions in Section 15, second paragraph. Act (2013:548).

Chapter 3 Listed buildings

Section 1 A building that is of particularly high cultural and historical value or that is part of a built-up area with a particularly high cultural and historical value may be declared a listed building by the county administrative board. The provisions concerning listed buildings as set out in this chapter may also be applied to parks, gardens or other constructions.

In respect of a building that is of the value specified in the first paragraph and belongs to the State, the provisions pronounced by the Swedish Government concerning state-owned listed buildings apply. If a state-owned listed building is transferred to an owner other than the State, it shall thereby constitute a listed building in accordance with this Act.

The provisions in this chapter do not apply to buildings that are ancient remains or ecclesiastical buildings in accordance with this Act.
Act (2013:548).

Implications and scope of the protection

Section 2 When a building is declared a listed building, the county administrative board shall specify through protective regulations the way in which the building shall be conserved and maintained and in which respects it may not be altered.

If necessary, the regulations may also contain provisions to the effect that an area surrounding the building shall be kept in a condition such that the appearance and character of the listed building is not distorted. Act (2000:265).

Section 3 Protective regulations shall, as far as is possible, be formulated in agreement with the owner of the building and the owner of the surrounding land. The obligations imposed on the owner must not be more extensive than is
absolutely necessary in order to retain the cultural and historical value of the listed building. The building’s use and reasonable desires of the owner shall be taken into account. Act (2000:265).

Listed building declaration

Section 4 The matter of whether a building should be declared a listed building can be raised by anyone through an application or on the initiative of the county administrative board itself.

Applications concerning declaring a building a listed building shall contain information about the property on which the building is located, about the owner of the property and a description of the building. The application should also specify the circumstances being cited as grounds for declaring the building a listed building.

Before the county administrative board makes a decision that may, pursuant to this chapter, result in the entitlement to compensation or compulsory purchase for an owner or someone else, the county administrative board shall investigate whether funds for this are available.

Section 5 When a matter of whether a building shall be declared a listed building is raised, the county administrative board may, pending final review of the case, issue a prohibition against any measures that may reduce or destroy the building’s cultural and historical value.
The prohibition may apply for a maximum of six months. If there are exceptional grounds, it may be extended, but only for six months each time.

Section 6 If a building can be presumed to be one that will be considered for listed building status, the county administrative board may order that the county administrative board shall be notified prior to the building being demolished or altered in a way that substantially reduces its cultural and historical value.

Within one month of the notification being received, the county administrative board shall determine whether the measure it has been notified of may be implemented or is prohibited pursuant to Section 5. During this period, the measure may not be implemented unless the county administrative board has given its consent. Act (2000:265).

Section 7 If a state-owned listed building has become a listed building in accordance with this chapter, the county administrative board shall issue a declaration concerning this.

Section 8 The county administrative board shall immediately implement the measures that are required in order for an entry to be made into the general section of the land register or for an entry made previously to be removed,
1. when a matter of whether a building shall be declared
a listed building is raised or a declaration is issued in accordance with Section 7,
2. when an order pursuant to Section 6, first paragraph is issued or rescinded,
3. when a decision to declare a listed building becomes legally binding or is revoked, or
4. when an application to declare a listed building is rejected.

Provisions concerning whom shall enter or remove information from the general section of the land register are found in Chapter 19, Section 6 of the Real Property Formation Act (1970:988). Act (2005:1213).

Section 9 The Swedish National Heritage Board, the county administrative board or the person who is working on behalf of the county administrative board is entitled to gain access to buildings and associated land and to undertake there such measures and investigations as are required for the application of this Act.

Provisions concerning compensation and compulsory purchase

Section 10 Owners and holders of specific rights to a property are entitled to compensation from the State if protective regulations
1. constitute an impediment to the demolition of a building and the resulting damage is substantial in relation to the value of the affected part of the property, or
2. otherwise result in current land use being considerably impaired within the affected part of the property.

Compensation pursuant to the first section may, if appropriate, be payable as an annual amount, with the interested party or the State having a right to obtain a review in the event that the circumstances change.

If protective regulations result in exceptional detriment arising in the use of the property, the State is obliged to purchase the property if the owner so requests.

The provisions under the first paragraph are also applicable when the county administrative board has issued a prohibition pursuant to Section 5. Compensation that is payable in such cases shall, if there are grounds to do so, be deducted from compensation that may subsequently be payable by virtue of this paragraph.

When applying the first and third paragraphs, unencumbered by the provisions concerning loss of claim or entitlement to compensation or compulsory purchase in Sections 11 and 20 or Chapter 15, Section 5 of the Planning and Building Act (2010:900), other decisions concerning protective regulations and decisions as referred to in Chapter 14, Sections 7, 10 and 12 of the Planning and Building Act shall also be taken into account, provided that these decisions have been pronounced within the 10 years preceding the most recent decision concerning protective regulations. Act (2010:911).

Section 11 If a matter of whether a building shall be declared a listed building has been raised, the county administrative board may injunct the person who wishes to make a claim for compensation or compulsory purchase to notify the county administrative board of this within a certain time, at least two months from having been informed of the order. An order of this nature shall be accompanied by information about the protective regulations that are to be issued. The person who fails to give notification of their claim within the agreed time has lost their entitlement to compensation or compulsory purchase.

The county administrative board makes decisions concerning compensation and compulsory purchase.

Agreements between the State and an interested party or that which they have presupposed shall apply between them in respect of compensation or compulsory purchase shall also apply to the person who acquires the entitlement of the interested party at a later date. Act (2000:265).

Section 12 If, as a consequence of a decision pursuant to this paragraph, the value of a property is reduced to such an extent that it can no longer be presumed to constitute full collateral for the creditors, compensation to which the owner of the property is entitled in accordance with Section 10 shall be deposited with the county administrative board. However, this provision only applies to creditors that had a lien on the property when the right to compensation arose and to compensation that is payable in a lump sum.

If a creditor suffers damage because the deposit did not take place in accordance with the first paragraph, he is entitled to compensation from the State. Compensation is paid for the sum written off on the claim document. The same applies if a creditor suffers loss due to the compensation being calculated too low and it has not been considered by a court as a result of an agreement between the State and the owner of the property or for another reason.

Section 13 In respect of compensation or compulsory purchase in accordance with Section 10 or 12, second paragraph, the Expropriation Act (1972:719) shall be applied to the extent that no divergent provisions are pronounced in this Act.

Compensation for a reduction in the market value of the property in cases referred to in Section 10 shall be determined as the difference between the market value of the property prior to and following the decision. When doing so, expectations concerning change in land use shall be disregarded. Chapter 4, Section 1, second paragraph of the Expropriation Act shall be applied when determining the compensation.

Compensation for damage in accordance with Section 10, first paragraph, point 1 shall be reduced by an amount that corresponds to that which shall be tolerated without compensation in accordance with the same point.

If the State so requests and it is not evidently unreasonable, the court shall order that compensation in accordance with Section 10, first paragraph only be paid once certain measures involving the building have been completed.
If a claim for compensation or compulsory purchase that has been brought by the owner of the property or another interested party is rejected, the court is able to order that the property owner or interested party shall bear their own costs, provided he or she has initiated the proceedings without sufficient grounds. If the proceedings have evidently been initiated without reasonable grounds, the court may also order that the owner of the property or the interested party compensate the State for its legal costs. Act (2010:826).

Alteration and revocation

Section 14 The county administrative board may grant a permit for a listed building to be altered in violation of the protective regulations.

The county administrative board may impose such conditions on this permit as are reasonable in view of the circumstances that prompted the alteration. The conditions may pertain to how the alteration shall be executed and to the documentation that is required. Act (2000:265).

Section 15 If the retention of a listed building results in impediment, inconvenience or cost that is unreasonable in relation to its importance, the county administrative board may modify the protective regulation or revoke the listed building declaration.
The county administrative board may also revoke a listed building declaration that appears to serve no purpose.

The Government may revoke a listed building declaration or modify protective regulations if the Government grants permission for expropriation that pertains to the building or surrounding area and the listed building declaration or protective provisions cannot remain in force without causing inconvenience to the objective of expropriation.

When deciding to revoke a listed building declaration or to modify protective regulations, the county administrative board or the Government may order that the person requesting the revocation or modification shall pay for specific documentation of the building, if this is reasonable. Act (2000:265).

Provisions concerning liability etc.

Section 16 The county administrative board may injunct the person who is responsible for management of a listed building to take corrective action or cease ongoing measures in order to ensure compliance with protective regulations and decisions pursuant to this chapter. An injunction of this nature may be associated with a conditional fine.

In those cases referred to in the first paragraph, the county administrative board may instead submit a request to the Swedish Enforcement Authority for special enforcement assistance against the person who is responsible for management of a listed building. Act (2000:265).

Section 17 If a county administrative board has issued an injunction or prohibition against someone in their capacity as owner of a property, site leaseholder or owner of a building on land that belongs to someone else, the county administrative board may forward the decision to the registration authority to be entered into the title section of the land register. If the injunction is associated with a recurring conditional fine, this shall also be entered. The person who most recently applied for registration of title or registration of acquisition of site leasehold shall, if the applicant is not the person to whom the injunction or prohibition is addressed, be informed of the entry immediately by the registration authority in a letter sent by recorded delivery.

If an entry has been made, the injunction or prohibition applies to the new owner of the property. If the new owner has acquired the property through purchase, exchange or gift and the property consists of real property or a site leasehold, the recurring conditional fine also applies to the new owner, calculated from the time at which ownership is transferred. Other conditional fines do not apply to a new owner of the property, but the county administrative board may impose a new fine on the owner. A recurring conditional fine that pertains to a certain period may only be imposed on the person who was an owner at the time the period commenced.

If an injunction or prohibition that has been entered has been rescinded through a decision that has become legally binding or if the measure to which the injunction pertains has been implemented or if the purpose of the injunction or prohibition has lost its significance, the county administrative board shall, as soon as it become aware of this circumstance, notify the registration authority of this to have the entry removed. Act (2000:265).

Section 18 Fines shall be imposed on the person who
1. in violation of protective regulations that have been issued, demolishes or destroys in another manner a listed building or alters it without a permit in accordance with Section 14 or without observing conditions for such a permit or
2. breaches a prohibition issued pursuant to Section 5 or injunction pursuant to Section 6, first paragraph or implements measures that violate the provisions in Section 6, second paragraph.

The person who fails to comply with an injunction or prohibition for which the penalty for non-compliance is a fine is not subject to punishment for that which is encompassed by the injunction or prohibition. Act (2000:265).

Appeals etc.

Section 19 Appeals against decisions by the county administrative board pursuant to this chapter are addressed to an administrative court. Leave to appeal is required when appealing to the Administrative Court of Appeal.

It is only the Swedish National Heritage Board that may appeal against decisions by a county administrative board not to declare a building a listed building.
Act (2000:265).

Section 20 It is not possible to appeal against the county administrative board’s decisions concerning compensation and compulsory purchase. The person who is dissatisfied with such a decision may bring proceedings against the State before the Land and Environment Court within one year of the date on which he was informed of the county administrative board’s decision. If no proceedings are brought within this period, the entitlement to compensation or compulsory purchase is lost.

When a matter of whether to declare a building a listed building is raised, the State may bring proceedings before the Land and Environment Court against an interested party concerning establishment of the conditions that shall apply to compensation. If no decision concerning a listed building declaration is made within one year of the date on which the case was settled through a legally binding judgment, the judgment shall no longer be binding upon the parties.

Proceedings concerning compensation pursuant to Section 12, second paragraph shall be brought before the Land and Environment Court. Act (2010:933).

Section 21 Decisions pursuant to Sections 1, 5 and 6 apply immediately.
Act (2013:548).

Chapter 4 Ecclesiastical cultural heritage

Section 1 The cultural and historical value of church buildings, church plots, ecclesiastical furnishings and burial grounds are protected in accordance with the provisions in this chapter.

Church buildings and church plots

Section 2 Church buildings and church plots shall be conserved and maintained so that their cultural and historical value is not reduced and their appearance and character are not distorted.

For the purposes of this Act, church buildings are buildings that have been consecrated for worship by the Church of Sweden prior to 1 January 2000 and were owned or held in trust by the Church of Sweden or one of its organisational parts on 1 January 2000.

A church plot is an area surrounding a church building that is associated with the building’s function and environment and which is not a burial ground. Act (1999:304).

Section 2a When a matter arises concerning establishment of the boundaries of a church plot, the question is considered by the county administrative board.

If a case concerning the determination of boundaries is initiated by someone other than the owner of the area, the owner shall be informed about the case and given the opportunity to state their opinion on the matter. The owner shall be informed by service of process. Act (2017:562).

Section 3 Church buildings that are erected on church plots that have been established prior to the end of 1939 may not be altered in any material way without a permit from the county administrative board.

In respect of a church building, a permit is always required for demolition, relocation or conversion of the building, as well as for interventions in or alterations to its exterior and interior, including its permanent fixtures and fittings and artistic decoration and for alteration of its colour scheme.

In respect of a church plot, a permit is always required to expand the plot and to erect or substantially alter buildings, walls, portals, other permanent fixtures and vegetation on the plot or to alter deliberate configuration of the vegetation.

The county administrative board may impose such conditions on this permit as are reasonable in view of the circumstances that prompted the alteration. The conditions may pertain to how the alteration is to be executed and the documentation that is required. Act (2017:562).

Section 4 If the county administrative board so decides, Section 3 concerning consideration of permit applications shall be applied in respect of a church building or church plot that has been established after the end of 1939 and has a high cultural and historical value.
Act (2013:548).

Section 5 Customary maintenance or urgent repairs may be carried out without a permit. Measures of this nature shall be carried out using materials and methods that are appropriate in view of the cultural and historical value of the building or construction.

Ecclesiastical furnishings

Section 6 Furnishings of a cultural and historical value that belong to a church building or other ecclesiastical building, church plot or burial ground shall be properly stored and conserved. Act (1999:304).

Section 7 For every parish there shall be a list of the furnishings referred to in Section 6. The list shall state whether an object is owned or held in trust by someone other than the parish and whether it is stored somewhere other than in the church.

Two persons who have responsibility for maintaining the list shall be appointed in every parish. They shall also ensure that the objects are properly stored and conserved. The parish shall notify the county administrative board of which persons have been appointed. Act (1999:304).

Section 8 At least once every six years, the diocese shall check that all objects in the list are still there. A check of this nature shall also be conducted when any of the persons who have been appointed in accordance with Section 7, second paragraph are replaced. A copy of the list shall be forwarded to the county administrative board after each check. Act (1999:304).

Section 9 In respect of an object in the list that is not owned by any individual person or family, a permit from the county administrative board is required
1. to dispose of it,
2. to remove it from the list,
3. to repair or alter it, or
4. to move it from the location where it has been housed in the past.

The county administrative board may, in respect of the first paragraph, points 3 and 4, impose conditions on the permit that are reasonable in view of the circumstances that prompted the measure. The conditions may pertain to how the measure shall be conducted and to the documentation that is necessary.

A permit is not required for minor repairs. Repairs of this nature may not be carried out in such a way that that the object’s cultural and historical value is reduced. Act (1999:304).

Section 10 The county administrative board and the Swedish National Heritage Board may inspect ecclesiastical furnishings.

The county administrative board may also decide that an object shall be added to the list.

If there is a serious risk of an object being damaged, the county administrative board may temporarily take the object into its custody or implement some other measure that is necessary in order to protect or conserve it. Before any such measure is implemented, consultation shall take place with the diocese and, if the object is owned by an individual, with this person. Act (1999:304).

Burial grounds

Section 11 The care of a burial ground shall take into account its importance as a part of the historic environment. The burial ground shall be cared for and maintained so that its cultural and historical value is not reduced or distorted. Act (2017:562).

Section 12 For the purposes of this chapter, ‘burial grounds’ are those areas or spaces referred to in Chapter 1, Section 1 of the Burials Act (1990:1144).

The provisions concerning burial grounds also encompass buildings in burial grounds that are not church buildings, permanent fixtures such as walls and portals and vegetation. Act (2017:562).

Section 13 In respect of a burial ground that was established prior to the end of 1939, a permit from the county administrative board is required
1. to expand or, in any other way, substantially alter the burial ground,
2. to erect on it any new building or permanent fixture or demolish or substantially alter an existing building, permanent fixture or vegetation, or
3. to alter the deliberate configuration of the vegetation.

The county administrative board may impose such conditions on this permit as are reasonable in view of the circumstances that prompted the alteration. The conditions may pertain to how the alteration is to be executed and the documentation that is required. Act (2017:562).

Section 14 If the county administrative board so decides, Section 13 shall also be applied in respect of a burial ground that has been established after the end of 1939, provided the burial ground adjoins a church building that was erected prior to this or has a high cultural and historical value. Act (2013:548).

Section 15 If a burial ground or a building on a burial ground that is owned and held in trust by a secular municipality contains objects of cultural and historical value, the provisions in Sections 6, 7, 9 and 10 also apply to these objects.
In such cases, the municipality is responsible for the list and for the storage and conservation of the objects. Instead of that which is stated in Section 7, the list shall specify whether an object is owned or held in trust by someone other than the municipality.

Emergency preparedness measures

Section 15a The Church of Sweden and its organisational parts shall put in place those emergency preparedness measures that are necessary for the conservation and maintenance of ecclesiastical cultural heritage during a heightened state of alert. Act (1999:942).

Compensation to the Church of Sweden

Section 16 The Church of Sweden is entitled to certain compensation from the State for culturally and historically justified costs in conjunction with the conservation and maintenance of ecclesiastical cultural heritage.

The Church of Sweden decides how this compensation is allocated among its dioceses. The diocese decides how it is allocated within its area.

The Swedish National Heritage Board shall be given the opportunity to state its opinion on the allocation in the country. The county administrative board shall be given the opportunity to state its opinion on the allocation in the county. Act (1999:304).

Intervention in order to achieve rectification

Section 17 The county administrative board may injunct the person who is responsible for the holding a piece of ecclesiastical cultural heritage in trust to rectify or discontinue ongoing measures in order to ensure compliance with regulations and decisions pursuant to this chapter.
An injunction of this nature may be associated with a conditional fine.

In those cases referred to in the first paragraph, the county administrative board may instead submit a request to the Swedish Enforcement Authority for special enforcement assistance against the person who is responsible for holding a piece of ecclesiastical cultural heritage in trust. Act (1999:304).

Appeals

Section 18 It is possible to appeal to an administrative court against decisions pursuant to this chapter.

Leave to appeal is required when appealing to the Administrative Court of Appeal. Act (2017:562).

Chapter 5 Export protection for certain older cultural objects

Section 1 Cultural objects that may be presumed to have been in Sweden for at least 75 years and may be of great importance to Sweden’s cultural heritage may not be taken out of the country without a specific licence. Act (2017:562).

Section 2 Has been repealed through Act (2017:562).

Section 3 The Government may issue regulations concerning which cultural objects may not be taken out of the country without a specific licence. Act (2000:265).

Section 4 Has been repealed through Act (2000:265).

Section 5 Has been repealed through Act (2000:265).

Section 6 Has been repealed through Act (2000:265).

Consideration of applications for export licences

Section 7 Matters concerning export licences shall be considered by the National Library of Sweden, the Swedish National Heritage Board, the National Archives, Nationalmuseum or Stiftelsen Nordiska museet (licensing authorities) in accordance with the apportionment determined by the Government.

Applications shall be submitted to the Swedish National Heritage Board.

The Government or the authority determined by the Government may issue more detailed regulations concerning the application procedure.
Act (2017:1263).

Section 8 The Administrative Procedure Act (2017:900) is applicable when administering licensing cases at Stiftelsen Nordiska museet. Decisions in these cases are made by Stiftelsen Nordiska museet’s director or another official appointed by the director. Act (2018:794).

Section 9 The person who is applying for a licence shall, upon request, place the object at the disposal of the authority for examination. Act (2000:265).

Section 10 An export licence shall be granted if the object is not of great importance to Sweden’s cultural heritage. Act (2017:562).

Section 10a When assessing whether an object is of great importance to Sweden’s cultural heritage, consideration shall be given to whether the object
1. is unique or rare or is particularly characteristic of its period and its cultural and historical context,
2. is linked to a significant person or event in Swedish history,
3. has a significant association with an historic environment or is one part of a cultural and historical collection of great importance,
4. otherwise has a particular significance for research, or
5. for some other particular reason should remain in the country.
Act (2017:562).

Section 11 Even if an object is of great importance to Sweden’s cultural heritage, an export licence shall be granted if
1. the owner is moving from Sweden in order to reside in another country,
2. the object has been acquired through inheritance, bequest or division of joint property by a private individual who resides in another country,
3. the object is being taken out of the country by a public institution here in Sweden or an institution that receives grants from the State, a municipality or a county council and it will
be brought back to Sweden again,
4. the object is being taken out of the country by a private individual in order to be used in conjunction with public cultural activities and it will be brought back to Sweden again, or
5. the object is in the country temporarily.

Even if an object is of great importance to Sweden’s cultural heritage, an export licence may be granted if the object has been acquired by an institution abroad. Act (2017:562).

Section 12 If an application concerns more than one of the licensing authorities, the Swedish National Heritage Board decides which supervisory authority shall process the application. That licensing authority may only make a decision in the case once it has consulted with the other licensing authority or authorities concerned. In such cases, the application shall be rejected if any of the licensing authorities concerned are of the opinion that the licence shall not be granted. Act (2000:265).

Section 13 An export licence is valid for one year from the date of the decision. Act (2000:265).

Section 14 Has been repealed through Act (2000:265).

Appeals

Section 15 If a licensing authority has rejected an application for an export licence, it is possible to appeal to an administrative court against this decision.

Leave to appeal is required when appealing to the Administrative Court of Appeal.

It is not possible to appeal against other decisions that a licensing authority has pronounced pursuant to this chapter. Act (1995:72).

Consent from the Government

Section 16 Even if a cultural object is of great importance to Sweden’s cultural heritage, the Government may, if there are exceptional grounds, consent to the object being taken out of the country. Act (2017:562).

Liability

Section 17 Provisions concerning liability for the unlawful export and attempted unlawful export of cultural objects are found in the Act (2000:1225) on Penalties for Smuggling. Act (2000:1244).

Chapter 6 Return of cultural objects unlawfully removed from a member state of the EEA

Section 1 A cultural object that has been unlawfully removed from a member state of the European Economic Area (EEA) after 31 December 1994 and is in Sweden shall be returned to that state upon request. Act (1994:1523).

Definitions

Section 2 In this chapter, ‘cultural object’ means an object that is regarded in the state from which it has been removed as a national treasure possessing artistic, historical or archaeological value in accordance with acts or administrative procedures that are compatible with Article 36 of the Treaty on the Functioning of the European Union. Act (2015:852).

Section 3 In this chapter, that a cultural object has been ‘unlawfully removed’ means that
1. the object has been removed from the territory of a state in violation of that state’s rules on the protection of national treasures, or
2. the object has not been returned at the end of a period of lawful temporary removal or any other condition governing its removal has been violated. Act (2011:782).

Bringing proceedings

Section 4 The state from whose territory the cultural object has been unlawfully removed may bring return proceedings before a general court.
The claim shall be directed at the possessor of the object.

In cases referred to in the first paragraph, both a document that describes the object and which specifies that it is a cultural object and a declaration by the competent authority in the requesting state that the object has been unlawfully removed shall be appended to a summons application.

If the object is owned by someone other than its possessor, the court shall, if the owner is known, inform him or her that proceedings have been brought. The person who has a specific right to the object shall also be informed, provided he or she is known.
Act (2011:782).

Section 5 The court may, following an application by the state from whose territory a cultural object has been unlawfully removed, decide on protective measures pertaining to the object. Chapter 15, Sections 2, 5, 7, 8 and 10 of the Code of Judicial Procedure shall apply in such cases. In this context, ‘superior right to certain property’ shall mean a right to have the property returned. Act (2011:782).

Section 6 Return proceedings shall be brought within three years of the requesting state having become aware of the location of the object and the identity of its possessor. However, proceedings may not be brought more than thirty years after the object was unlawfully removed. However, in respect of objects that form an integral part of a public collection and are listed in the inventory of a museum, an archive or a library, or that form an integral part of the inventories of an ecclesiastical or other religious institution and are subject to special protection arrangements under the law of the requesting state, proceedings may be brought within seventy-five years of the object being removed.

A ‘public collection’ means a collection that is owned by
– a state referred to in Section 1,
– a local or regional authority in such a state, or
– a public institution in such a state which is owned or largely financed by the state or by a local or regional authority.

If the removal is no longer unlawful when proceedings are brought, the case shall be dismissed. Act (2015:852).

Compensation

Section 7 If a cultural object is to be returned, the person who possesses the object on their own behalf is entitled to reasonable compensation from the requesting state. This is conditional on the possessor demonstrating that he or she has exercised due care and attention when acquiring the object.

In determining whether the possessor exercised due care and attention, consideration shall be given to all the circumstances of the acquisition, including the documentation on the object’s provenance, the licences for export required under the legislation of the requesting state, the character of the parties, the price paid, whether the possessor consulted accessible registers of stolen cultural objects and all relevant information that the possessor could reasonably have obtained, or took any other step which a reasonable person would have taken in the same circumstances.

The person who has acquired the object through inheritance, bequest, donation or division of joint property is only entitled to compensation if the person from whom the object was acquired would have been entitled to it. Act (2015:852).

Search

Section 8 The district court may, following an application by the authority determined by the Government (the central authority), decide that the authority may conduct a search of someone’s premises in order to look for a certain
cultural object that has been unlawfully removed from a state referred to in Section 1. Permission may only be granted if
1. there is specific cause to assume that the object being sought may be found during the search,
2. it may reasonably be feared that the person of whose premises the search is to be conducted may fail to disclose that he has the object, and
3. the importance of the search outweighs the intrusion or other detriment the search may entail for the person concerned.

Applications shall be made in writing

If it may reasonably be feared that the object could be hidden or that some other action may be taken in order to impede or hinder its return, a decision pursuant to the first paragraph may be pronounced without the counterparty being given the opportunity to state their opinion on the application. Nor, in such cases, may the counterparty be informed of the court’s decision prior to the search commencing.

The decision applies with immediate effect, provided nothing is determined otherwise. Act (1994:1523).

Section 9 A decision concerning a search shall state the extent to which the central authority has a right to gain access to premises, land, means of transport and other spaces.

The provisions in Chapter 28, Section 6, Section 7, second paragraph, and Section 9, first paragraph of the Code of Judicial Procedure shall apply to the search.

The authority may request enforcement assistance from the Swedish Enforcement Authority in order to undertake the search. The provisions in the Enforcement Code on enforcement of obligations not pertaining to payment liability or eviction are applicable in such cases. Act (2006:707).

Section 10 If the object being sought is found during the search, the central authority may take the object into its custody, provided it may reasonably be feared that the possessor is, by hiding the object or by taking some other action, impeding or hindering its return. Act (1994:1523).

Section 11 The person who is affected by an object being taken into custody pursuant to Section 10 may request in writing that the matter be considered by the district court which considered the application for permission to conduct the search. When it receives such a request, the court shall conduct a hearing as soon as possible and, if there are exceptional grounds, no later than the fourth day thereafter.

Both the person affected and the central authority shall be summoned to the hearing.

At the hearing, the authority shall give an account of the grounds on which the object was taken into custody. The person affected shall be given the opportunity to state their opinion. The hearing shall, if possible, continue without interruption.
The hearing may only be adjourned if there are exceptional grounds to do so. Once the hearing has ended, the court shall immediately pronounce its decision. Act (1994:1523).

Section 12 The court shall determine how long the object shall remain in the authority’s custody. This period may not exceed that which is unavoidably necessary. However, the object shall remain in the authority’s custody for no longer than three months. Act (1994:1523).

Section 13 If a court makes a decision concerning protective measures pertaining to an object in accordance with Section 5, the decision concerning taking the same object into the authority’s custody ceases to apply. Act (1994:1523).

Procedural provisions

Section 14 During the judicial process in a case pursuant to this chapter, that which is prescribed in the Code of Judicial Procedure concerning civil cases in which arbitration is permitted shall be applied.

In judicial processes concerning return, compensation in accordance with Section 7 may be claimed without a writ of summons.

A ruling concerning return and compensation may be pronounced in only one context in the same judicial process. Act (2011:782).

Section 14a The Court Matters Act (1996:242) is applicable when dealing those matters referred to in Sections 8 and 11.

Unless stated otherwise in this chapter, the question of which court has jurisdiction is determined in accordance with Chapter 10 of the Code of Judicial Procedure. Act (2011:782).

Costs

Section 15 In cases pursuant to this chapter, Chapter 18 of the Code of Judicial Procedure is applicable in respect of legal costs, with the following derogations. If the requesting state’s counterparty did not realise or could not have realised that the object was unlawfully removed, the requesting state shall be liable for the costs at the district court.
The same applies under the same circumstances to the costs in higher courts, provided these have been caused by the state having appealed. However, the party that has caused those costs referred to in Chapter 18, Section 6 of the Code of Judicial Procedure is always liable for these costs. Act (2011:782).

Section 16 The requesting state is liable for the costs of enforcing a judgment concerning the return of a cultural object. Act (1994:1523).

Choice of law

Section 17 If an unlawfully removed cultural object is returned, ownership of the object shall be determined in accordance with the law of the requesting state. Act (1994:1523).

Chapter 7 Return of cultural objects illegally exported from a state that has acceded to the UNIDROIT Convention

Section 1 A cultural object that is in Sweden and which, following the entry into force with respect to Sweden of the UNIDROIT Convention of 24 June 1995 Stolen or Illegally Exported Cultural Objects, has been exported from a state that has acceded to the convention shall be returned to that state if it so requests.
However, if the illegal export has taken place from a state party to the convention that is a member state of the EEA, the object shall only be returned if it is encompassed by the definition in Chapter 6, Section 2, first paragraph.

Notwithstanding the first paragraph, the object shall not be returned if it has been exported from the state during the lifetime of the person who created it or within a period of fifteen years following their death. Cultural objects that have been manufactured by a member or members of a tribal or indigenous community for traditional or ritual use by that community shall always be returned to that tribe or community. Act (2011:782).

Definitions

Section 2 In this chapter, a ‘cultural object’ means an object that is of importance for archaeology, prehistory, history, literature, art or science and belongs to one of the categories listed in Annex 2 to this Act. Act (2011:782).

Section 3 In this chapter, that a cultural object has been ‘illegally exported’ means that
1. the object has been exported from the territory of a state in violation of that state’s rules on the export of cultural objects for the purposes of protecting the state’s cultural heritage, or
2. the object has not been returned at the end of a period of lawful temporary export or any other condition governing its export has been violated. Act (2011:782).

Bringing proceedings

Section 4 The state from whose territory the cultural object has been illegally exported may bring return proceedings before a general court.
The claim shall be directed at the possessor of the object.

In cases referred to in the first paragraph, both a document that describes the object and which specifies that it is a cultural object and a declaration by the competent authority in the requesting state that the object has been illegally exported shall be appended to a summons application.

If the object is owned by someone other than its possessor, the court shall, if the owner is known, inform him or her that proceedings have been brought. The person who has a specific right to the object shall also be informed, provided he or she is known.
Act (2011:782).

Section 5 The court may, following an application by the state from whose territory a cultural object has been illegally exported, decide on security measures pertaining to the object.

Chapter 15, Sections 2, 5, 7, 8 and 10 of the Code of Judicial Procedure shall apply in such cases. In this context, ‘superior right to certain property’ shall mean a right to have the property returned.
Act (2011:782).

Section 6 Return proceedings shall be brought within three years of the requesting state having become aware of the location of the object and the identity of its possessor. However, proceedings may not be brought more than fifty years after the object was illegally exported.

If the export is no longer illegal when proceedings are brought, the case shall be dismissed. Act (2011:782).

Compensation

Section 7 If a cultural object is to be returned, the possessor of the object is entitled to reasonable compensation from the requesting state. This is dependent on the possessor having exercised due care and attention when acquiring the object and in respect of how the object was exported from the requesting state.
The person who has acquired the object through inheritance, bequest, donation or division of joint property is only entitled to compensation if the person from whom the object was acquired would have been entitled to it. Act (2011:782).

Procedural provisions

Section 8 During the judicial process in a case pursuant to this chapter, that which is prescribed in the Code of Judicial Procedure concerning civil cases in which arbitration is permitted shall be applied.

In judicial processes concerning return, compensation in accordance with Section 7 may be claimed without a writ of summons.

A ruling concerning return and compensation may be pronounced in only
one context in the same judicial process. Act (2011:782).

Costs

Section 9 In cases pursuant to this chapter, Chapter 18 of the Code of Judicial Procedure is applicable in respect of legal costs, with the following derogations. If the requesting state’s counterparty did not realise or could not have realised that the object was illegally exported, the requesting state shall be liable for the costs at the district court.
The same applies under the same circumstances to the costs in higher courts, provided these have been caused by the state having appealed. However, the party that has caused those costs referred to in Chapter 18, Section 6 of the Code of Judicial Procedure is always liable for these costs. Act (2011:782).

The requesting state is liable for the costs of enforcing a judgment concerning the return of a cultural object. Act (2011:782).

Choice of law

Section 11 If a cultural object that was illegally exported from a state is returned, ownership of the object shall be determined in accordance with the law of the requesting state. Act (2011:782).

Chapter 8 Return of cultural objects that were stolen abroad in a state that has acceded to the UNIDROIT Convention

Section 1 For objects that constitute cultural objects in accordance with the definition in Chapter 7, Section 2 and which have been stolen abroad in a state that has acceded to the UNIDROIT Convention of 24 June 1995 Stolen or Illegally Exported Cultural Objects, the Good Faith Acquisition of Personal Property Act (1986:796) is applicable, with the derogations specified in Section 2. Act (2011:782).

Section 2 Instead of the time limits specified in Sections 3 and 5 of the Good Faith Acquisition of Personal Property Act (1986:796), time limits of three years shall apply. Act (2011:782).

Annex 1 Has been repealed through Act (2015:852).

Annex 2

The categories specified in Chapter 7, Section 2 are as follows.
1. Rare collections and specimens of fauna, flora, minerals and anatomy, and objects of palaeontological interest.
2. Property relating to history, including the history of science and technology and military and social history,
to the life of national leaders, thinkers, scientists and artists and to events of national importance.
3. Products of archaeological excavations (including regular and clandestine) or of archaeological discoveries.
4. Elements of artistic or historical monuments or archaeological sites which have been dismembered.
5. Antiquities more than one hundred years old, such as inscriptions, coins and engraved seals.
6. Objects of ethnological interest
7. Property of artistic interest, such as
– pictures, paintings and drawings produced entirely by hand on any support and in any material (excluding industrial designs and manufactured articles decorated by hand),
– original works of statuary art and sculpture in any material,
– original engravings, prints and lithographs, and
– original artistic assemblages and montages in any material.
8. Rare manuscripts and incunabula, old books, documents and publications of special interest (historical, artistic, scientific, literary, etc.) singly or in collections.
9. Postage, revenue and similar stamps, singly or in collections.
10. Archives, including sound, photographic and cinematographic archives.
11. Articles of furniture more than one hundred years old and old musical instruments.
Act (2011:782).

Chapter 9 Military use of cultural property

Section 1   The person who uses cultural property that is under enhanced protection in accordance with the Second Protocol to the Hague Convention of 14 May 1954 for the Protection of Cultural Property in the Event of Armed Conflict in support of military action is guilty of military use of cultural property under enhanced protection if the act is one aspect of or is, in some other way, associated with an armed conflict or occupation.

The penalty is imprisonment for a maximum of four years. Act (2017:629).

Transitional provisions

1998:950

1. This Act enters into force on 1 January 1989.

2. The following are repealed through this Act

a) the Ancient Monuments Act (1942:350),

b) the Listed Buildings Act (1960:690),

c) the Act (1985:1104) on Export Protection for Certain Older Cultural Objects.

3. Decisions pronounced under earlier legislation shall, when applying the new Act, be regarded as having been pronounced by virtue of this.

Chapter 4, Section 16, second sentence is only applicable in cases that have been brought subsequent to the Act’s entry into force.

Older provisions still apply in respect of appeals against decisions that have been pronounced prior to 1 January 1989. Cases that were received by the Government prior to the end of 1988 but which were not yet settled are processed in accordance with older provisions.

4. If a decision concerning protective regulations or a decision concerning a prohibition in accordance with Section 7 of the Listed Buildings Act (1960:690) has been pronounced by the county administrative board prior to 1 July 1987, the provisions concerning compensation applicable prior to this shall be applied.

5. When applying Chapter 3, Section 10, fifth paragraph, consideration may also be given to decisions that were pronounced prior to the Act’s entry into force.

In cases pursuant to Section 5 of the Listed Buildings Act (1960:690) in which proceedings have been brought prior to 1 July 1987, Section 12, second paragraph of the aforementioned Act shall be applied as it was worded prior to 1 July 1987.

6. Points 2 and 3 of the transitional provisions to the Act (1985:1104) on Export Protection for Certain Older Cultural Objects shall remain applicable.

1991:872
This Act enters into force on the date determined by the Government. Older provisions remain applicable in respect of cases concerning enforcement assistance in which proceedings were brought prior to this Act’s entry into force.

1995:72
This Act enters into force on 01 April 1995. Decisions that have been pronounced prior to this Act’s entry into force are appealed against in accordance with older provisions.

1995:560
This Act enters into force on 1 July 1995.

Older provisions are applicable to licence applications that were received by the Swedish National Heritage Board prior to 1 July 1995.

 

1999:304
1. This Act enters into force on 1 January 2002 in respect of Chapter 4, Section 16 and in all other respects on 1 January 2000.
2. Older regulations remain applicable in respect of appeals against decisions that have been pronounced prior to this Act’s entry into force.

 

2000:265
1. This Act enters into force on 01 July 2000.
2. Decisions concerning licences for the export of cultural objects that have been pronounced prior to this Act’s entry into force are not applicable after the end of the year 2000.

 

2010:826
1. This Act enters into force on 01 August 2010.
2. Older provisions are still applicable for compensation as a result of protective regulations or, in those cases referred to in Chapter 3, Section 10, fourth paragraph, prohibitions issued by the county administrative board prior to this Act’s entry into force.
3. In those cases referred to in point 2, reference to the Expropriation Act (1972:719) shall, in this Act, denote its wording prior to the end of July 2010.

2011:782
1. This Act enters into force on the date determined by the Government.
2. The provision in Chapter 8, Section 2 shall not be applied in respect of acquisitions that have been made prior to this Act’s entry into force.

. . . . . . . . . . . . .

THE RIKSDAG
All public power in Sweden proceeds from the people and the Riksdag is the foremost representative of the people.