Norway is a civil law jurisdiction influenced by Roman law traditions with particularly strong ties to the Danish legal system. The Norwegian legal system is based on written laws rather than case law precedents, which is the hallmark of common law jurisdictions. While court decisions, particularly from the Norwegian Supreme Court (Nw: Høyesterett), carry persuasive authority (Nw: prejudikat) and are respected, they do not create binding precedent in the same way as in common law systems. Norwegian courts primarily interpret and apply statutory law in alignment with traditional civil law principles.

Norwegian contract law is built on the fundamental civil law principle of freedom of contract. However, this freedom is subject to certain limitations imposed by e.g. mandatory legislation. The Norwegian commercial real estate market, encompassing both transactions and leases, is characterised by the significant role of background legislation and the widespread use of industry standards as the foundation for negotiated transaction and lease agreements. Most background legislation can be waived in agreements between professionals; however, background legislation will be used to fill gaps in unregulated areas of agreements and will also affect the interpretation of contractual wording.

Norwegian agreements for both leases and the sale and purchase of real estate are less comprehensive than their equivalents in common law jurisdictions. Most lease and sale and purchase agreements are based on industry standards, although with individual adjustments resulting from negotiations. These standard agreements serve as the basis for most commercial lease agreements and real estate transactions in Norway. Key Norwegian real estate organisations, such as the Real Estate Agents Association and the Property Federation, together with the law firm BAHR, among others, issue a set of standard agreements for both leases and property sales. These agreements are typically updated every three years to reflect developments in market practice and legislative amendments.

A key element to understand Norwegian contract law, is that Norwegian courts generally apply a strict objective interpretation method when analysing contract terms. The focus is on how a reasonable person would understand the wording, rather than solely on the subjective intentions of the parties. The starting point is always the ordinary meaning of the words used in the contract. Clear and unambiguous language will typically be given its natural interpretation. Courts will consider the contract as a whole, the context in which it was made, and the apparent purpose of the agreement when interpreting specific clauses. Ambiguous terms may be interpreted against the party who drafted the contract, particularly in standard form contracts or where there is an imbalance of power between the parties. Thus, clear and precise wording is highly valued and reduces the risk of disputes.

The Norwegian approach to contracts reflects a balance between respecting party autonomy and protecting weaker parties through mandatory rules, all within the systematic framework characteristic of civil law jurisdictions.

Norwegian real estate ownership is governed by several key pieces of legislation.

The Cadastre Act (Nw: Lov om eigedomsregistrering, also known as “matrikkellova“) ensures public access to important property information by maintaining a uniform and reliable register (the cadastre) of all real property in Norway and clarifying boundaries and property relationships. The Act is also intended to ensure that boundaries and property conditions are clarified and recognises five types of cadastral units that can be established as separate real property: (a) land property (Nw: grunneiendom), (b) facility property (Nw: anleggseiendom), (c) ownership sections (Nw: eierseksjon), (d) joint land ownership (Nw: jordsameie), and (e) leasehold land (Nw: festegrunn).

The cadastre system operates in conjunction with the Norwegian Land Register (Nw: grunnboka), which is governed by the Norwegian Land Registration Act (Nw: tinglysningsloven). This Act establishes rules for the registration of rights over real estate, including ownership, easements, and mortgage rights. Registration in the Land Register provides formal notice and publicity, which affords legal protection against competing third-party claims from the time of registration. However, registration in the Land Register is not a statutory obligation. Consequently, the owner of a property may not be the same as the registered owner in the Land Register.

The above two pieces of legislation form the basis of Norwegian law as it relates to ownership of land. However, there is a significant amount of complementary legislation which, whilst not necessarily directly relating to ownership, has a direct impact on ownership rights of real estate.

Key complementary legislation includes:

1. The Planning and Building Act (Nw: Plan- og bygningsloven), which governs land use planning (at municipal and local levels), zoning, and construction.
2. The Alienation Act (Nw: avhendingslova), which governs the sale and transfer of real property, including disclosure obligations and warranty provisions.
3. The Mortgage Act (Nw: panteloven), which governs security interests in real property.
4. The Landlord and Tenant Act (the “Tenancy Act”) (Nw: husleieloven), which governs lease agreements in real properties and constitutes the background legislation for commercial leases.
5. The Norwegian Pollution Control Act (Nw: forurensningsloven) with appurtenant regulations, which governs inter alia contamination and ground pollution in real properties.

In 2025, the Norwegian Ministry of Finance proposed legislation to eliminate favourable tax consequences of the use of the housing cooperative model (Nw: borettslagsmodellen) specifically by prohibiting tax-free mergers of limited companies into housing cooperatives. The proposed changes are scheduled to take effect from 15 October 2025 with certain transition rules.

If adopted, the proposed legislation may materially impact residential real estate companies and will affect the structuring of development projects. However, given the far-reaching effects of the legislative proposal, adjustments to the proposal before final adoption remain possible.

Yes, the Norwegian Land Register (Nw: grunnboka) is a public register maintained by the Norwegian Mapping Authority (Nw: Kartverket) and is accessible to anyone, making registered ownership of real estate publicly available.

Registration is necessary to obtain legal protection when purchasing real estate and provides protection against the seller’s creditors and competing third-party claims. However, registration is not mandatory.

Registration of title to a property incurs stamp duty of 2.5% of the market value of the real property, which is commonly the purchase price, provided this does not differ from the market value. The stamp duty is payable by the buyer.

Registration in the Land Register is only relevant for asset deals, as registration is not necessary in share deals where the real estate remains in the company acquired and there is no change in ownership of the real estate itself. In share deals, the buyer obtains legal protection through notification to the company. This distinction is an important factor to consider when choosing between a share deal and an asset deal in Norway.

Norway does not impose general restrictions on foreign investment and generally welcomes foreign entities investing in real estate. However, certain sectors are subject to specific restrictions or concession requirements.

Norwegian legislation does not impose specific restrictions on foreign entities investing in real estate. However, all purchasers, regardless of nationality, must either obtain a concession from the local authority before acquiring title to property in the Norwegian Land Register (applicable only for asset deals) or file a self-declaration with the local municipality confirming that the property acquired is exempt from concession requirements. While the concession is a formal requirement, it rarely presents practical obstacles for investors due to numerous available exemptions, including:

• Purchase of developed land not exceeding 10 hectares (properties under 0.2 hectares do not require a self-declaration); or
• Purchase of plots for constructing residential or holiday homes, provided the plot size is less than 0.2 hectares.

Additional restrictions may apply due to national security interests and competition law requirements.

Norway has implemented a specific national FDI screening mechanism under the National Security Act (Nw: sikkerhetsloven). The screening mechanism applies to companies subject to supervision and regulation under the National Security Act, which covers a limited number of companies, including all suppliers of goods or services in connection with classified procurements as set out in the Act. Other companies are only subject to the screening mechanism if the government has specifically resolved that the company is subject to the security act. Currently, this includes only a very limited number of companies, mainly in sectors such as defence, telecommunications, energy, and transport, but may also include real estate. Investments involving a qualified majority stake in these sectors are subject to mandatory notification requirements.

Norwegian legislation recognizes several types of proprietary interests in real estate, including:

• Exclusive ownership: A person or entity has exclusive and sole rights to dispose of and control the property.
• Collective ownership forms (Nw: boligselskap): Forms of residential ownership in which one holds an interest in property jointly with others.
  -Sectioned ownership unit (Nw: eierseksjon): An ownership share in a sectioned property, where the owner has an exclusive right to use a specific part of the property, whilst the entire property is held in co-ownership with other section owners.
  -Housing Cooperative (Nw: borettslag): A cooperative enterprise whose purpose is to provide the shareholders with a right of occupancy to individual residential units within the property owned by the cooperative.
  -Housing share company (Nw: boligaksjeselskap): A limited company where ownership of shares confers the right to occupy a specific flat in the company’s property. A housing share company has great similarities to a housing cooperative but is not subject to the rules of the Housing Cooperative Act. In 2005, a permanent ban was adopted on establishing new housing share companies with the same purpose as housing cooperatives.
• Joint property (Nw: sameie): Two or more natural or legal persons own property together, with each person holding an ownership interest stated as a fraction or ratio.
• Ground lease (Nw: festetomt): An arrangement for leasing land where buildings are to be constructed or have already been constructed, meaning that the land and the buildings are not owned by the same person.
• Leasehold rights: The legal right to use premises or a property for an agreed period in return for consideration.
• Easements (Nw: servitutter): A legal right that grants a person, a company or another property the right to use part of another person’s property for a specific, limited purpose, without owning it.

The general rule in Norway is that ownership of real property and the buildings erected thereon are not separable. The owner of a property owns both the land and any buildings constructed on it.

However, ownership of real property and the buildings thereon can be separate in the case of ground leasehold (Nw: tomtefeste) – a long-term arrangement (typically 50-99 years) for leasing land where buildings are to be constructed or have already been constructed. Under this arrangement, the land and the buildings are not owned by the same person, with the ground lessee owning the building while the ground lessor retains ownership of the land.

An annual leasehold payment (Nw: festeavgift) is normally made, with the fee typically adjusted annually. Under Norwegian leasehold law, either party may generally demand that ground rent be adjusted in accordance with changes in the Norwegian consumer price index since the agreement was entered into (or since the last adjustment), unless the parties have explicitly agreed that the rent shall remain unchanged or be adjusted differently. Upon termination of a ground lease arrangement, the leaseholder is generally obliged to remove and clear the land, including demolishing any buildings. However, if this would result in values being unnecessarily wasted, the lessor may be required to take over the assets.

A leasehold property can be sold and mortgaged like other property types.
There is no legal requirement for such a property to be registered in the Norwegian Land Register. However, in many cases, it may be advantageous for the ground lessee to have the building registered, as this is a prerequisite for securing mortgages. Additionally, registration allows the ground lessee to officially record ownership (title) of the ground leased property (building), ensuring protection against third-party claims.

Illustration: Landowner A ground leases part of his property to B, who wants to erect a building on it. A survey is conducted, and the parcel is given its own designation (land no., title no. and leasehold no.), and it is registered in the land register. The new cadastral unit will also be entered in the Norwegian Land Register and upon registration of the leasehold contract, B is given legal authority as a ground lessee. This means, for example, that mortgage documents issued by B to finance the construction of the building can be registered as encumbrances on the leasehold. However, older encumbrances on A’s property have priority over the leasehold and thus also over the mortgage rights in the leasehold right. This may result in a vulnerable position for B’s mortgage creditor; therefore, the mortgage creditor will often set as a condition for loans to B that any mortgagees in A’s ground property give way to the leasehold right. Encumbrances on the land property that are younger than the leasehold will have a lower priority than the leasehold right, and they therefore do not represent a threat to B’s mortgage creditors.

In Norway, capital gains on a corporate shareholder’s sale of shares in a limited liability company are tax-free for corporate shareholders and do not trigger stamp duty, in contrast to asset sales which are subject to capital gains tax at 22% and incur stamp duty of 2.5% of the property’s market value.

Consequently, most commercial real estate transactions are structured as sales of shares in property-owning companies (single purpose vehicles (SPVs)). Notwithstanding the prevalence of share deals, a number of real estate transactions are still structured differently—both as asset sales and through the sale of interests in general partnerships (Nw: ansvarlig selskap), limited partnerships (Nw: kommandittselskap), and silent partnerships (Nw: indre selskap).

The standard SPA and APA agreements are based on an “as is” principle, meaning that the buyer assumes the risk regarding the quality of the property and shares. The buyer is entitled to conduct due diligence before purchase; however, any hidden defects discovered after completion generally provide no recourse against the seller, unless the seller has failed to disclose information or provided incorrect information. The standard contracts contain basic warranties, including: the seller’s ownership of the shares and right to sell the property, shares or interests; the target company’s ownership of the property; compliance of the accounts with accounting rules; and confirmation that the target company has no undisclosed liabilities or debt that should have been recognised in the balance sheet beyond those presented to the buyer. Buyers typically require specific warranties or indemnities covering particular risk factors identified during the due diligence process.

Under Norwegian law, the buyer cannot make claims against the seller regarding matters that could have been noticed while inspecting the real estate or regarding matters that have been fully disclosed and documented in the data room. Thus, the due diligence process in Norway typically involves a comprehensive review of property documentation, lease agreements, technical and environmental matters, and corporate records where applicable, with findings incorporated into negotiated warranties and indemnities in the transaction documentation.

The scope of the due diligence process depends on whether the acquisition is structured as an asset deal or a share deal.

In practice, a Letter of Intent is executed, which includes a right for the buyer to complete satisfactory due diligence.
Thereafter, if the seller has not already prepared a data room, the buyer provides a request list outlining the relevant materials they wish to review.

Subsequently, the seller sets up a virtual data room where the requested materials are made available to the buyer and their advisors. The data room typically includes documents related to: the company, articles of association, minutes of meetings, shareholders’ agreements, information regarding participation in any mergers and/or de-mergers, financial statements, tax, VAT, lease agreements with relevant appendices, general property matters, documentation of ownership and encumbrances, development, planning regulations, environmental issues, technical conditions, insurance policies, employment matters (if relevant), service agreements, general compliance with laws, litigation, and other relevant issues.

In general, there are no legal issues that are outside the scope of the usual legal due diligence process in Norway in principle, as any hidden defects discovered after completion of the acquisition provide no recourse against the seller, unless the seller has failed to disclose information or provided incorrect information.

Consequently, buyers typically require specific warranties or indemnities covering particular risk factors identified during the due diligence process to be included in the SPA or APA. Given the “as is” nature of Norwegian transactions, buyers bear significant responsibility for conducting thorough due diligence, as post-completion recourse is limited to matters involving seller non-disclosure or misrepresentation.

In a number of transactions, M&A insurance is procured in the name of the buyer to protect against breaches of warranties under the SPA. The insurance premium is often covered by the seller, although it is also common for the parties to agree that the premium shall be shared equally between the seller and buyer.

The closing process for the transfer of real estate depends on whether the transaction is structured as a share deal or an asset deal.

For share deals, shares are deemed delivered to the buyer once the agreed estimated purchase price and any agreed seller loan amount are available in the seller’s bank account (or in the closing agent’s account if a closing agent is used) and all conditions for payment in the closing agreement have been fulfilled or waived.

For asset deals, the buyer takes possession of the property once the agreed purchase price amount is available in the seller’s account (or in the closing agent’s account if a closing agent is used) and all conditions for payment in the closing agreement have been fulfilled or waived.

Yes, most commercial real estate transactions are structured as sales of shares in property-owning companies (single purpose vehicles (SPVs)), driven by significant tax advantages. Capital gains on a corporate shareholder’s sale of shares in a limited liability company are tax-free for corporate shareholders, in contrast to asset sales which are subject to capital gains tax at 22%. Additionally, share deals do not incur stamp duty, whereas asset deals are subject to stamp duty of 2.5% of the property’s market value.

In asset deals, the rights and obligations under existing lease agreements are automatically transferred to the buyer as the legal successor of the seller (former landlord) upon closing, as commercial leases are considered property rights that attach to the property itself. The tenant’s consent is usually not required.

It is typically agreed that the seller and the purchaser shall, no later than 30 days after closing, undertake a plus-minus offset settlement directly between themselves of income and expenses associated with the property as at the time of closing.

Norwegian law recognises several rights, interests and burdens that can be created or attached over real estate, including:

• Ownership rights: The exclusive right to dispose of and control property
• Easements (Nw: servitutter): Positive easements (such as rights of way, water and timber rights) and negative easements (building restrictions and area servitudes)
• Mortgage rights (Nw: pant): Security interests in real property registered in the Norwegian Land Register.
• Restriction on the right of disposal (Nw: urådighet): A restriction preventing the owner from disposing of the property.
• Ground leases (Nw: festeavtale): Long-term leases (typically 50-100 years) where the tenant owns buildings on leased land.
• Tenancy rights (Nw: leierett): Residential and commercial tenancy rights.
• Pre-emption rights (Nw: forkjøpsrett): Rights to purchase property before others.
• Rights of residence (Nw: borett): Right to occupy property.
• Prescriptive rights (Nw: hevd): Rights acquired through long-term use (minimum 20 years).

These rights are protected through registration (Nw: tinglysning) in the Norwegian Land Register (Nw: grunnboken) maintained by the Norwegian Mapping Authority (Nw: Kartverket). Registration provides legal protection against third-party claims, and the general rule is that priority is determined by the order of registration, with the first registered right taking precedence over subsequently registered rights.

Norwegian law does not recognise trust structures or any form of split between legal and beneficial ownership of real estate. Under Norwegian legal principles, ownership rights are unified, meaning that the registered owner holds both legal title and beneficial interest in the property.

The Norwegian Land Register provides publicly accessible information on the registered owner of a property but does not disclose information regarding the ultimate beneficial owner of the real estate.

However, other regulations in Norway require disclosure of the beneficial owners of legal entities that own real estate. The Norwegian Act on the Beneficial Owners Registry requires Norwegian entities to register beneficial owners (the natural persons who ultimately own or control an organisation) in the Brønnøysund Register Centre. The Act also applies to administrators of foreign trusts and similar legal arrangements that conduct business in Norway, including when acquiring real property. Access to this register follows a “legitimate interest” model and is restricted to specific categories, including financial institutions, public authorities, media, civil society organisations, and higher education institutions, rather than being publicly available without restriction.

Additionally, the Norwegian shareholder register contains information about shareholders in all Norwegian limited companies and foreign limited companies listed on the Oslo Stock Exchange. This information is publicly accessible, and all limited companies must submit an annual shareholder register return to the Tax Administration for annual identification of their shareholders.

By combining information from the Norwegian Land Register with other publicly available registers, it is therefore often possible to identify the ultimate beneficial owners of real estate in Norway.

Property Tax

The main tax related to real estate ownership in Norway is the property tax. Property tax in Norway is governed by the Property Tax Act of 2007 (Nw: eiendomsskatteloven). Municipalities have discretionary power to introduce property tax and may choose to levy it on all real property or only on commercial property, power plants, and offshore production installations.

Commercial property includes properties used for business purposes, such as office buildings, retail premises, hotels, industrial buildings, and warehouses. Land associated with such buildings is also subject to tax.

The tax rate ranges between 0 and 0.7% of the property value (Municipalities set their own rates within this range) and rates vary between different municipalities.

Municipalities can choose the valuation method based on either market value principles or the documented tax value for wealth tax purposes. They must apply the same method consistently for all properties in the same category.

In addition, Municipalities may introduce a basic allowance that applies equally to all taxable properties in the municipality, though this is less common for commercial property. Property tax is levied on the person registered as owner in the Land Registry as at 1 January of the tax year. In the case of sectioned property, the section owner is liable.

Property tax may be levied in addition to the general wealth tax which also covers real estate.

Capital gain tax and stamp duty

The main taxes related to the transfer of real estate are capital gains tax and stamp duty. Asset sales are subject to capital gains tax at a rate of 22% on any capital gain realised, which is the same tax rate that also applies on net income from the property.

Additionally, the purchaser must pay stamp duty of 2.5% of the property’s market value (typically the purchase price) to register the transfer in the Norwegian Land Register.

The Norwegian Landlord and Tenant Act (the “Tenancy Act”) (Nw: husleieloven) governs leases of real estate in Norway and constitutes the background legislation for leases of commercial property. The Act establishes rules primarily protecting tenant interests (particularly residential tenants), though professionals are entitled to derogate from most of its provisions.

The normal lease term for commercial properties is 10 or 15 years fixed term for new premises, often combined with renewal options on the same terms for 5 or 10 years. Smaller premises typically have lease terms of 3-5 years, whilst retail premises and co-working agreements normally have substantially shorter durations.

Rent is normally a fixed amount subject to annual adjustments in accordance with 100% of changes to the consumer price index. Turnover-based rent is widely used for retail properties, often combined with an agreed minimum rent.

Security is commonly provided through deposits or guarantees from parent companies or financial institutions, typically equivalent to six months’ rent.

Under “as-is” lease agreements and new-build agreements, the tenant is typically responsible for indoor maintenance, whilst the lessor is responsible for replacements and outdoor maintenance. The lessor is also responsible for ensuring that the leased premises meet all public requirements, unless such requirements result from the tenant’s business activities. Under triple net standards, the tenant is responsible for all indoor and outdoor maintenance as well as replacements. In “all inclusive” leases, short-term retail leases, and co-working leases, the lessee has no maintenance obligations.

As regards fixed-term leases, the tenant normally has the right to sub-lease for the remaining period subject to the lessor’s approval, which cannot be unreasonably withheld, whilst assignment of the lease agreement is usually subject to the lessor’s approval, which can normally be freely withheld.

Commercial lease agreements in Norway are typically based on standard agreements that include provisions protecting landlords in the event of tenant breach. Where the agreement does not explicitly regulate a matter, the Tenancy Act serves as supplementary law.

Standard lease agreements provide that tenants are liable for damages to the leased premises or property caused by their intent or negligence, or by those for whom they are responsible. The Tenancy Act permits landlords to claim compensation for losses resulting from the tenant’s failure to fulfil their obligations.

Landlords may terminate the lease if the tenant materially breaches it, such as through substantial payment default. This right is established in both standard lease agreements and the Tenancy Act.

Standard lease agreements typically include a special enforcement provision allowing eviction without a court judgment in cases of payment default or upon lease expiry. If the contract lacks an eviction clause, the landlord must obtain a court order.

Use, planning and zoning restrictions on real estate in Norway are primarily regulated through the Planning and Building Act (Nw: Plan- og bygningsloven).

Spatial planning in Norway is a municipal responsibility and obligation, but operates within a hierarchical system involving national, regional and municipal levels. Every four years, the Government prepares a document outlining national expectations for regional and municipal planning. Regional planning authorities must also prepare a regional planning strategy at least once per electoral period, in cooperation with municipalities, state bodies, organisations and institutions affected by the planning process.

The spatial planning system operates through a hierarchy of plans:

• Municipal Master Plan (Nw: kommuneplan): A long-term strategic plan for land use and development within the municipality.
• Zoning Plan (Nw: reguleringsplan): A legally binding plan for future land use and building development within a specifically defined area. Zoning plans can be split into “area zoning plans” (Nw: områdeplan), which are used for larger geographical areas, whilst detailed zoning plans (Nw: detaljreguleringsplan) provide comprehensive land use regulations for smaller areas, typically covering a few properties.

The Norwegian Pollution Control Act is based on the “polluter pays” principle, whereby the “responsible party” must take measures to stop, remove or limit the effects of environmental contamination on real estate.

However, determining the source of pollution is not always straightforward, and liability can consequently extend beyond the original polluter to include landowners, tenants, or intermediate owners. Case law demonstrates that parent companies may also be held liable for pollution caused by their subsidiaries.

The authorities have discretion in determining liability based on who is best suited to take the necessary remedial measures. In practice, the pollution authorities tend to hold the owner/landlord responsible, although tenants may be held liable where they have full control of the property or are in the best position to remedy the situation.

Parties may enter into private agreements to allocate risk amongst themselves; however, such arrangements are not binding on the authorities. Consequently, the authorities are not obliged to follow private agreements, although they will often be taken into consideration when assigning liability.

Yes, under the Norwegian Energy Act and its appurtenant regulations, a property owner must ensure that the building has an energy certificate. This obligation is persistent and applies even if the previous owner has not complied with the requirements. The energy performance certificate is valid for up to 10 years from the date of issue, or until significant building changes or changes to the technical systems that affect the energy label have been carried out, or until a new energy performance certificate has been issued.

An energy performance certificate is mandatory when selling or letting residential properties and commercial buildings, as well as for new construction.

Yes, expropriation of real estate is possible in Norway. Article 105 of the Norwegian Constitution (Nw: Grunnloven) provides that expropriation may only occur against full compensation. Furthermore, expropriation of private landowners must occur pursuant to law in accordance with Article 113 of the Norwegian Constitution, which requires that any intervention by the authorities against an individual must have a legal basis.

There are numerous specific statutory provisions that provide a legal basis for expropriation in particular circumstances. The Expropriation Act (Nw: Oreigningslova) contains a comprehensive list of public purposes for which expropriation may be authorised. Additionally, the Planning and Building Act provides an important legal basis for expropriation in connection with the implementation of zoning plans and development plans.

In addition to the state, expropriation rights have been granted extensively to municipalities. Private individuals have also been granted expropriation rights, but to a more limited extent.

Yes, it is possible to create mortgages over real estate as security for financial obligations in Norway. This commonly occurs when a borrower obtains a loan from a financial institution or when a guarantor provides security for a third party’s debt.

To obtain legal protection, the mortgage must be duly registered in the Norwegian Land Register (Nw: grunnboken). Upon default, the mortgagee may enforce its security and demand a compulsory sale of the mortgaged property pursuant to the Norwegian Enforcement Act (Nw: tvangsfullbyrdelsesloven). The application must be submitted to the competent court. The court determines whether a compulsory sale shall be conducted, including whether it shall be carried out with the assistance of a third party (such as a real estate agent) or by an auction held by the enforcement authority itself. Alternatively, enforcement may be sought through an order for compulsory administration (Nw: tvangsbruk). In the event of a compulsory sale, the sale proceeds are applied to satisfy monetary charges in accordance with their order of registered priority in the Norwegian Land Register.

Please note that Section 8-10 of the Norwegian Limited Liability Companies Act (Nw: aksjeloven) contains a prohibition against financial assistance. This provision prohibits a company from providing security (including mortgages over its assets) or guarantees in connection with the acquisition of shares in the company itself or its parent company. However, a purchaser who wishes to mortgage the target company’s real property as security for the acquisition financing may do that as long as the specific procedures in § 8-10 is followed. These procedures are designed to protect the target company’s creditors and minority shareholders by ensuring that financial assistance is only provided when it is demonstrably in the company’s interest and on proper commercial terms.

The registration fee for mortgage documents over real estate is approximately €47 per document (as of 2025).

No, Norway is a civil law jurisdiction that does not have a legal framework for trusts or trust arrangements as in common law systems such as England and Wales. The Norwegian legal system does not recognise the separation of legal and beneficial ownership that is fundamental to trust structures. However, a security agent can be appointed to hold security on behalf of multiple lenders, though this operates differently from trust structures.