| Question | Parking included in the tenancy agreement | Separate parking agreement |
|---|---|---|
| Pricing | Part of the rent, included in the utility value under Chapter 12, Section 55 of the jordabalken | Freely agreed between the parties |
| Increase | Requires agreement or determination by the Rent Tribunal (Hyresnämnden) | According to the agreement's own terms on fee changes |
| Termination of the space | A change of terms of the residential rent | Terminated separately, according to the agreement's notice period |
| Security of tenure (besittningsskydd) | Follows the protection attaching to the home | A lägenhetsarrende carries no security of tenure |
| Review of the price | The Rent Tribunal (Hyresnämnden) | Price is not reviewed by the Rent Tribunal |
| VAT | Follows the residential rent, which is exempt | Normally a VAT-liable letting |
Yes, the landlord (hyresvärd) may charge separately for the parking space — but only if the space is not part of the tenancy agreement for the flat. If parking is included in the agreement, the fee forms part of the rent, and under Chapter 12, Section 19 of the jordabalken (the Swedish Land Code) the rent for a residential flat must be set as a fixed amount. If the parking is a separate agreement, it is a separate letting with its own price, its own termination rules and its own regulations.
Can the landlord charge extra for parking in a rental flat? It all depends on the contract
There is no rule saying that a parking space must come with a hyresrätt (rental flat). A tenancy agreement under Chapter 12, Section 1 of the jordabalken (the Swedish Land Code) covers a building or part of a building — that is, the flat and whatever has expressly been let along with it. If the parking is not stated in the contract, it is not included, and the landlord is free to let it out for separate payment.
The reverse is also true. If you have a contract in which a garage space or parking space is listed among the things included in the rent, the landlord cannot afterwards carve out the space and add a charge. That would be a change of terms, and such changes must either be agreed to by you or determined by the Rent Tribunal (Hyresnämnden).
Two agreements — or one
In practice, three arrangements are used:
- The parking is included in the residential rent. One agreement, one amount. The space counts towards the flat's bruksvärde (utility value) when the rent is assessed under Chapter 12, Section 55 of the jordabalken (the Swedish Land Code).
- A separate agreement with the same landlord. The most common arrangement. A garage inside a building is let as commercial premises under Chapter 12 of the jordabalken. An open space on the ground is normally a lägenhetsarrende (a land lease of a plot) under Chapter 8, Section 1 of the jordabalken.
- An agreement with a parking company. In that case the landlord is not the counterparty at all, and the question of rent in the sense of the jordabalken does not arise.
Can the landlord charge extra for parking in a rental flat when the space is stated in the contract?
No. If the flat's contract states that a parking space is included, the cost has already been paid through the rent. A separate invoice on top of that is a unilateral rent increase.
If the landlord wants to change the term, this must be done by a written request for a change of terms. If you cannot reach agreement, the Rent Tribunal (Hyresnämnden) decides. The same procedure applies if the landlord wants to remove the space entirely while keeping the rent unchanged.
A common grey area: the contract mentions the space but sets a separate amount for it, for example as its own item for the garage space alongside the rent for the flat. In that case the parking is priced within the agreement, and the amount cannot be increased any more freely than the rest of the rent.
What distinguishes the two situations?
How much may the space cost?
For a standalone parking space there is no rent cap and no reasonableness review corresponding to the one for residential flats. The price is set by the market, and the differences between a garage space in central Stockholm and a gravel yard in a smaller town are considerable. If you are unhappy with the price, the practical alternative is to give notice on the space.
The agreement must be followed, however. If you have written that the fee changes once a year with three months' notice, that applies. You do not have to accept an increase in the middle of a fixed term without support in the agreement. The same logic applies when the landlord wants to add costs in other contexts — see, for example, what applies to a fee for a new key when you have lost yours.
VAT on the parking space
Letting a home is exempt from value added tax. Letting a parking space, as a main rule, is not — the Swedish Tax Agency (Skatteverket) treats the provision of parking as a VAT-liable service, at the standard rate of 25 per cent. That is why the separate parking fee is often quoted including VAT while the rent for the flat is not.
There is an exception where the space is let as a subordinate element of the residential letting to the same tenant. In that case the parking follows the VAT treatment of the home. Where the line is drawn is debated, and the question is addressed in the official inquiry Mervärdesskatt vid uthyrning och överlåtelse av fastighet (VAT on the letting and transfer of property). An inquiry is not law — none of the proposals apply today.
If the landlord terminates the parking space
A separate parking agreement can be terminated on its own. If the space is a lägenhetsarrende there is no security of tenure (besittningsskydd), which means you have no right to an extension when the agreement expires. The notice period is set out in the agreement.
The important point is that termination of the space does not affect your flat. The residential tenancy has its own protection, and a dispute about parking is not grounds for terminating the home. Should the landlord link the two matters, that is a question for the Rent Tribunal (Hyresnämnden) — here is how to report a dispute with your landlord step by step.
Can the landlord charge extra for parking in a rental flat without a written agreement?
Oral agreements are valid, but they are hard to prove. If you were allocated a space when you moved in without anything being put in writing, and the landlord starts invoicing for it two years later, it is one person's word against the other's as to what was originally agreed.
So always ask for written documentation. It should state which space is concerned, what it costs, how the fee is changed, the notice period and who is responsible for snow clearing and maintenance. The same documentation principle applies to deposits and what the landlord may deduct.
Charging point for an electric car
A space with a charging point is often priced in two parts: a fee for the space itself and a cost for the electricity consumed. Check how the electricity is metered and billed. If charging is calculated on a flat-rate basis, you pay the same amount however much you charge. The equipment is normally owned by the landlord, who is therefore responsible for making sure it works — in the same way as with repairs to white goods in the flat.
Frequently asked questions
Can the landlord force me to rent a parking space?
No. A parking space cannot be made a compulsory condition of renting the flat. If you have no car and do not want a space, you do not have to sign the agreement.
Do I get to keep the space if I move to another flat in the same property?
No, not automatically. If the parking is a separate agreement, it does not transfer with the change of flat unless you agree otherwise. Raise the question before you sign the new contract.
May the landlord raise the parking fee by more than the rent?
Yes, if the space is let under a separate agreement. The annual rent negotiation for homes does not cover standalone parking lettings. The increase must, however, be made in the manner the agreement prescribes.
What applies if I am subletting?
In that case your counterparty is the first-hand (primary) contract holder, not the property owner. Check that whoever is letting the space to you actually has the right to do so. If you want to compare the arrangement with other forms of housing, there is an overview of a rental flat compared with a tenant-owned flat (bostadsrätt).
This text is general information and does not constitute legal advice in an individual matter.
