Authorisation procedure for nationals of third countries

General information

An authorisation for the acquisition of property byforeign nationals is granted if there is a cultural, social or economic interest in concluding the legal transaction and provided that national political interests are not prejudiced.

Advice

These requirements apply, in principle, to the authorisation procedure for nationals of third countries. One or more requirements may cease to apply depending on which federal state is involved, however. An authorisation procedure is not necessary for nationals of some third countries due to bilateral agreements.

Requirements

In general, the following requirements apply to the authorisation procedure for nationals of third countries. One or more requirements may cease to apply depending on which federal state is involved, however.

  • Cultural interest
    The cultural interest requirement is met, for example, if the applicant is of cultural benefit to the municipality or federal state (e.g. a conductor).
  • Social interest
    The social interest requirement is met, for example, if the potential acquisition is intended to satisfy a personal housing need of the applicant. The social interest requirement can also be said to be met if the intention is to anticipate a last will and testament or if the acquisition takes place by way of a gift from a close relative.
  • Economic interest
    The economic interest requirement is met, in particular, if the potential acquisition serves the purpose of establishing or expanding a business or if the intention is to acquire an existing business.
  • National political interests
    Before granting authorisation, the authority will check that the property acquisition does not threaten national political interests. In order to determine whether this is the case, an advisory opinion will be sought from the state police department and, on a case-by-case basis, military command. One ground for refusing to authorise the legal transaction would be if a company were being established that, in reality, served as a front for money laundering.

Tip

Before submitting your application, contact the authority to establish whether an advisory opinion from the municipality on the social or economic interest requirement is necessary.

Competent authority

The office of the state government in questionGerman text or the district administrative authority in questionGerman text

Procedure

Contact the relevant property transfer authority directly before submitting your application. There, you will be able to find out all further details on authorisation conditions that are specific to the different federal states and receive detailed information (e.g. on the deadline for submission). You will also be able to enquire whether you will need to submit the application for authorisation there or in the relevant municipality (e.g. in Vorarlberg).

Required documents

Please contact the relevant authority to establish how the application is to be submitted (informally or using a form) and which documents are required, in detail.

  • application for authorisation
    (depending on the authority: application form or informal application);
  • copy of the agreement or draft agreement (please note: a draft agreement is no longer accepted by certain offices);
  • a declaration on the use of the property;
  • plan of the site;
  • current extract from the land register
    (you can view the land registerGerman text at the court, via notaries and on the internet);
  • passport.
  • In the event of acquisition by a legal entity, additionally:
  • In the event of acquisition by an association, additionally:
    • extract from the association register and articles of association;
    • proof of nationality for members of the management body of the association;
    • proof of income (on a case-by-case basis).

Costs and fees

The charges are regulated differently in each federal state.

Example: Vienna

  • Granting authorisation:
    • administrative charge of EUR 76.30 per applicant for the acquisition of property (joint ownership);
    • o    administrative charge of EUR 47.23 per applicant for the acquisition of a right to personal easementGerman text (e.g. if you apply for a right of residence and use on behalf of a family member);
  • Validity clause:
    • administrative fee of EUR 3.27;
    • federal fee of EUR 14.30.
  • Federal fees:
    • EUR 14.30 for the application of each applicant and land register number;
    • EUR 3.90 for each enclosure in copy per sheet (maximum of EUR 21.80).

These amounts are to be paid in person, including using alternative forms of payment (e.g. debit or credit card).

Once authorisation has been obtained, you may proceed to register your property.

 

Further information

You can find contact addresses and/or further information on the requirements specific to each federal state at the following links:

→ BurgenlandGerman text

→ CarinthiaGerman text

→ Lower AustriaGerman text

→ Upper AustriaGerman text

→ SalzburgGerman text

→ StyriaGerman text

→ TyrolGerman text

→ VorarlbergGerman text

→ ViennaGerman text

Tip

Some of the authorities that are responsible for the individual federal states also make application forms available for download in PDF-format.

Link to form

Acquiring property as a foreign national – application

Translated by the European Commission
Last update: 5 February 2021

Responsible for the content: Austrian Chamber of Civil-Law Notaries