Salzburg, Austria

Real Estate Rights and Registration in Austria

By Raffaela Lödl-Klein and Mario Kapp, KAPP & PARTNER Rechtsanwälte GmbH

The Austrian legal system (General Austrian Civil Code of Law, ABGB) provides for various types of holding rights and “property-like” rights.

  • Sole ownership (“freehold”): One person has the right to use, enjoy, and occupy land or property permanently and to exclude others.
  • Co-ownership: One property is collectively owned by several people; the individual co-owners are entitled to fictitious shares, but only the ownership is divided, not the property itself.
  • Condominium ownership: In comparison to normal co-ownership, a condominium owner can freely decide about a specific unit in the property (e.g., a flat). This owner can make decisions freely without the agreement of the co-owners.
  • Building rights: The right to build a structure on land which is not owned by the builder himself. The holder of the building right is the owner of the building. The right is only valid for a specified duration (between 10 and 100 years).
  • Superstructures: Buildings on someone else’s land which are not intended to remain there permanently.
  • Usufruct: The right to use, enjoy, and occupy land or property belonging to another person (use with protection of the substance, otherwise without any restriction).

Registration

Signing the purchase contract, taking possession of the property, and paying the purchase price is not enough for the acquisition of property. To acquire legal effective ownership, registration in the government land register is required. The government land register is a public electronic register which can be accessed by the general public (land plot-related rights, dates, and all relevant documents are entered here).

Ownership Restrictions

In general, there are no prohibitions concerning real estate rights. But there are some restricted areas (e.g. transfers to foreigners), and each of Austria’s nine provinces has diverse rules. Therefore, before purchasing a property in Austria you always must consider the province-specific regulations.


Raffaela Lödl-Klein

Raffaela Lödl-Klein

GGI member firm
GGI member firm KAPP & PARTNER Rechtsanwälte GmbH
Law Firm Services
Graz-Seiersberg, Austria
T: +43 316 22 59 55
E: This email address is being protected from spambots. You need JavaScript enabled to view it.
W: www.kapp.at

KAPP & PARTNER Rechtsanwälte GmbH has four partners and five associates and an outstanding reputation for bankruptcy and real estate law in Austria. The firm mainly focuses on bankruptcy law, reorganisation law, company restructuring, commercial law, banking law, real estate law, and international law. For further information, visit the homepage at www.kapp.at.

Raffaela Lödl-Klein is Managing Partner of KAPP & PARTNER Rechtsanwälte GmbH, and specialises in real estate and corporate and insolvency law. She joined the firm in 2013. Raffaela Lödl-Klein is Global Vice Chairman of the Real Estate Practice Group.
Mario Kapp

Mario Kapp

GGI member firm
KAPP & PARTNER Rechtsanwälte GmbH
Law Firm Services
Graz-Seiersberg, Austria
T: +43 316 22 59 55
E: This email address is being protected from spambots. You need JavaScript enabled to view it.
W: www.kapp.at

Mario Kapp was the sole founder of the law firm in 2006. He is also the Managing Partner and specialises in bankruptcy law, corporate law, and business restructuring.


Published: Real Estate Newsletter, No. 10, Autumn 2019 l Photo: Igor - stock.adobe.com

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