Austria - Registration of Property/Land

ProcedureEdit

Submit the application in writing together with the required documents to be attached to the competent district court [Bezirksgericht]. Starting November 1, 2012, land register applications can be declared orally at court in simple cases (applications for cancellation [Lschungsantrge], applications for change of name [Antrge um Namensnderungen], simple transfers of property).
It is highly advisable that you seek the help of a notary or a lawyer, for applying 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 rectification or a decline.

Required DocumentsEdit

Purchase agreement with the signatures of all contracting parties certified by either a court or notary
For freehold flats (if the property is meant to be registered)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 district court [Bezirksgericht] (in Vienna: Municipal Department 50 [Magistratsabteilung 50])
Possible order for the intended disposal or pawn
Statement on in-house calculation or confirmation of no debts by the Inland Revenue Office [Finanzamt]
Possible statement of cancellation or agreement of financing banks, pre-emptors or others
Possible approval from the competent office for the acquisition of real estate [Grundverkersbehrde] (Please note: There are nine real estate acts, meaning that there are different regulations for each province concerning foreign ownership, agriculture and forestry properties or pre-emptive municipals)
Proof of citizenship [Staatsbrgerschaftsnachweis], proof of citizenship of the EU [Nachweis der EU Staatsangehrigkeit]

Office Locations & ContactsEdit

District Court

To locate court offices: http://www.courts.justiz.gv.at/web2013/html/default/8ab4a8a422985de30122a90e378661ef.de.html

Federal Ministry of Justice

Contact Numbers: 01/526 36 86, or a local call 0800-99 99 99 in

Time: 8:00am to 4:00pm

Email Inquiry Form: http://www.courts.justiz.gv.at/web2013/html/default/kontakt.de.html

EligibilityEdit

Provide eligibility criteria's for going through this procedure.

FeesEdit

Registration in the land register: 40 Euro

(to be paid into the court account by ATM card, credit card, or electronic debit)

If the application fee is not paid electronically: 56 Euro

Additional fees

To get permission to build: 1.1 percent of the property value. This registration fee is billed by the court [Bezirksgericht] in hindsight and can be paid by payment form. If the fee is paid by direct debiting [Abbuchung] or by redemption [Einziehung], it is reduced by 20 Euro.
Additional fee amounting to 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). This registration fee is also billed by the district court [Bezirksgericht] in hindsight and can be paid by payment form.

ValidityEdit

Explain the time until which the certificate/document is valid.
e.g. Birth Certificate Valid Forever

Documents to UseEdit

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Sample DocumentsEdit

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Processing TimeEdit

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InstructionsEdit

The authority responsible for the location of the property is the District Court.

To be able to register the property, you will need to provide the following information:

Exact definition of the property
Applicant's first and last name and
Family status and domicile

Required InformationEdit

A list which displays the kind of information which is required to complete the procedure.
e.g.
1. Date of Birth.
2. City or County of Birth.

Need for the DocumentEdit

Registering a Property or Land is important for it enables you to acquire property rights, allowing you to conduct transactions involving the property or prevent its unlawful disposal. This can be done by filing an application with the competent land register court [Bezirksgericht].

Information which might helpEdit

The value of the right to the registration of property rights and construction law is determined by the price that would be received usually in the ordinary course of business (= market value) . This is by purchasing contracts are generally the purchase price. This can be applied in:

Transactions in the extended family , such as transfer of land to the wife / the spouse, registered partner / registered partner, the partner / the spouse, provided that the domestic partners / spouses have or have had, in siblings, nieces and nephews a common domicile etc. and
Certain corporate transactions to amend corporate structures, eg transfer of a property due to a merger.

For these cases, the registration fee is determined by at least three times the assessed value, but not more than one-third of the market value.

The value of the right of entry to the acquisition of a lien is determined by the nominal amount of the claim (maximum) including ancillary fees freezing.

External LinksEdit

Austrian Government Portal: https://www.help.gv.at/Portal.Node/hlpd/public/content/163/Seite.1630000.html#Registering and https://www.help.gv.at/Portal.Node/hlpd/public/content/20/Seite.200060.html
General Land Register Act of 1955: http://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10001941

OthersEdit

More information which might help people.