Land register extract prior to purchasing a property
These rules apply to all those who purchase property in Austria.
Before purchasing a property, always consult the land registerGerman text for all legal requirements, rights and restrictions, such as the assets of the seller, mortgages, rights of pledge, pre-emption rights, rights of way, sewers, pipes, streams.
To this end, you should obtain the most recent extract from the land registerGerman text which is available at any district court (→ BMJ)German text or land surveying office (→ BEV)German text and contains information on every property located in Austria.
The land register is also available online! However, accessing the land register in this way is subject to a fee. The database is accessed by order of the Federal Ministry of Justice via accounting centres set up for that purpose.
In order to carry out a land register enquiry, you should know what is referred to as the land register numberGerman text of the property and the cadastral municipality in which it is located, but, at the minimum, the address and number of the property are required. The easiest method is probably to request a copy of aland register extract extract from the owner of the property.
Additional entries may have been made to the land registerGerman text since that extract was compiled! In the case of a property purchase associated with considerable risks, adhering to the principle of ‘trust is good, control is better’ is not a sign of disrespect and mistrust, but rather good economic sense. Bear in mind that there may also be encumbrances on a property that are not apparent from a land register extract (for example a commonhold agreement made by the joint owners that was not entered in the land register but is nevertheless binding).
In order to avoid unpleasant surprises, make sure that you view the property in person and check whether easementsGerman text (in particular rights of way) are obvious!
Responsible for the content: Austrian Chamber of Civil-Law Notaries