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Law and Regulation
Non-Austrian citizens are allowed to buy holiday homes, apartments and
luxury homes in Austria. If you are an EU citizen you have the same
rights and responsibilities as Austrian citizens in all matters,
including the purchase of property.
Approval procedure for third-country-citizens
Third-country-citizens
[Drittstaatsangehörige]|
should directly contact the competent office for the acquisition of real
estate where they can obtain all the information on province-specific
terms and precise details (e.g.
deadlines). They can also learn whether the demand for
approval should be submitted to this very office or rather to the
competent municipal authorities (e.g.
in Vorarlberg). Requests are approved if the transaction is of cultural,
social, or macroeconomic interest and no national interests are
negatively affected.
Documents required:
- Request for approval (depending on the
authority: application form or informal request)
- Contract or draft (copy)
- Declaration on the use of the property
- Surveyor's plan
- Current abstract from the land register (the
land register is available for inspection in the courts, at the
notaries, and on the internet)
- Passport
- If the purchaser is al legal entity:
in addition
- Current extract from the company register
- Company deed
- Trade licence
- If the purchaser is an association:
in addition
- Extract from the register of associations and
the association statutes
- Proof of citizenship for the members of the
association board
- Proof of income (if requested)
Fees: The amount of the fees differs from province
to province.
On the following pages you will find contact
addresses and/or detailed information on the respective terms applying
in the provinces:
 Where to buy
Beautiful regions with wonderful skiing in the Alps, such as Styria,
Salzburger Land and Carinthia, allow the purchase of holiday homes. A
few regions in Austria have rules which make buying holiday homes more
difficult because the property must be classified as a holiday home,
these rules apply to everyone. However, if you wish to make a permanent
home in Austria there is no problem with buying in any area.
Salzburger Land and the Tirol have
traditionally been popular states for German buyers due to their
proximity to Munich and Bavaria. However, due to the increased presence
of the low-cost airlines, Styria and Carinthia have also become popular
states for buyers from the United Kingdom, the Netherlands and the
Scandinavian countries.
Buyers from outside Austria
frequently focus on the Austrian Alps and the excellent ski resorts in
Austria as ideal locations in which to purchase property. All year round
outdoor pursuits are a great attraction, particularly when more and more
people are discovering that Austria is an ideal summer holiday
destination as well as a winter one.
There are also really lovely areas of Austria away from the Alps which
deserve a lot more attention from outside buyers. For example, although
Styria is understandably well known for the fantastic skiing area in the
Dachstein Tauern Region of the Alps around Schladming, it also boasts a
wonderful wine producing region that is so attractive it is likened to
Tuscany in Italy. No wonder Styria is known as Austria’s best kept
secret!!
What to consider when purchasing
property 1) Inspection of the zoning
and development plans
Zoning and development plans are available for public inspection at
the Municipal Offices
 [Gemeindeämter]|
(in Vienna Municipal Department 21
[Magistratsabteilung
21]|) indicating whether and in what
form building activities are allowed on the property of your choice.
The Municipal Offices will also inform you about
where and whether the zoning and development plans for any specific
location are available in print. Any such plans can then be purchased
for a small fee.
Fees:
Subject to the size and number of the respective
planning documents the fee (print costs)
e.g. in Vienna is
composed of the following:
- EUR 0,44
for one page of the plan (DIN A4)
- EUR 0,44
for the signs and symbols of the plan or several plans (DIN A4)
- EUR 0,22
for one page of the text (DIN A4)
2) Extract from the government land register
before the acquisition of a property
Before purchasing a property you should always inspect the government
land register for any legal requirements, rights and restrictions
including the seller’s ownership title, mortgages, liens, pre-emption
rights, rights of way, canals, lines, brooks. For this purpose you
should obtain a current extract from the government land register
available from every district court
[Bezirksgericht]|
or mapping office
[Vermessungsamt]|.
3) Purchase contract
Many legal and complex issues are at stake when it comes to
purchasing properties which is why we advise you to commission a
notary
public| [Notar] or a lawyer
[Rechtsanwalt]|
to draw up the contract and proceed with land register registration. On principle, it is also possible that you draw up your own purchase
contract based on model agreements and then go together with the other
party to a
notary
public| [Notar] or a district
court
[Bezirksgericht]|
to have your signatures officially certified.
The purchasing procedure
You must at first consider the particularities of Austrian law for the
acquisition and loss of citizen rights (property, lien, servitudes
etc.).
The ownership of a property is not
obtained by signing the purchase contract, taking possession of the
property, and paying the purchase price. What is rather needed for
acquiring ownership is your application to have your property right
entered, i.e. the
registration in the land register as the new proprietor.
Note: The order of registration
in the government land register is determined by the date of the receipt
of the respective application. The reason why you should inspect the
land register in detail before the purchase (and in particular before
transferring the purchase price) is that all rights entered in the order
of registration before the purchaser’s property right is registered must
generally be assumed by him or are effective upon him.
The respective provincial authority
[Amt
der Landesregierung]| or the
respective district administration authority
[Bezirksverwaltungsbehörde]|
4)
Registering the property right with the government
land register (registration)
In order for property rights to be constituted an application for the
constitution of property right must be filed with the competent land
register court
[Bezirksgericht]|.
This requires an application to the government
land register including, for instance, the following data:
- Exact definition of the property
- Applicant's first and last name and
- Family status and domicile
The application can be submitted personally or in
writing – together with the documents to be attached – to the competent
district court
[Bezirksgericht]|.
Reccomandation: As the right wording
of the application for constitution of property right is prone to
mistakes due to the strict formal requirements of the land register
legislation and the subsequent risk of a decline we advise all
applicants to use the services of a
notary|
[Notar] or a lawyer
[Rechtsanwalt]|
for wording and registering the contract.
Documents to be attached:
- Purchase agreement with the signatures of both
the buyer and the seller certified by either a court or notary
- Confirmation of no debts by the Inland Revenue
Office
[Finanzamt]|
or a
notary's|
[Notar] or lawyer's
[Rechtsanwalt]|
statement on in-house calculation
-
Negative certificate|
- for freehold flats: sometimes required:
- Statement by the building authority or an
expert report on the existence of independent freehold flat units
- Report on the useful value by a civil
engineer or a sworn court expert or the legally valid decision on
the determination of the useful value by the settlement body or the
court
[Bezirksgericht]|
(in Vienna: Municipal Department 50
[Magistratsabteilung
50]|)
- For properties in green land zones:
- Approval by the office for the acquisition of
real estate subject to the respective national provisions
Fees:
- EUR 39,00
in cash for the application for registration in the land register. To
be paid into the court account by
ATM card,
credit card, or electronic debit.
- 1 percent of the property value (purchase price)
for registering the property with the land register. This registration
fee is billed by the court
[Bezirksgericht]|
in hindsight and can be paid by payment form.
- 1,2 percent of the mortgage total if a right of
lien is also entered into the land register along with the property (e.g.
if the acquisition is financed via a loan). Payment methods for this
entry fee are identical with those for the registration fee for
registering property rights.
Note: The property acquisition
tax to be paid on top of the above is 3,5 percent of the purchase price.
Supply and Disposal
All properties scheduled for development
must feature supply and disposal of the following
- Water (water utility)
- Power (power utility)
- Gas (gas utility)
- District heating (municipal authorities)
- Telefone (Telekom)
- Waste water (municipal authorties)
- Garbage (municipal authorities)
This must be expected to imply a considerable
financial burden through fees to the respective authority.
Note: Please contact your
municipal authorities to find out who is responsible in what case.
Vit Klima
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604 568 553 |
