Sale of a commonhold property

Competent authority

The district court (→ BMJ)^{German text}  in whose district the property is located

Required documents

If a commonhold property has been sold and the new owner is to be entered in the land register, the following documents are required for entry in the land register:

• purchase agreement^{German text}  with certified signatures of the buyer and seller;
• tax clearance certificate^{German text} from the tax office^{German text} or
• eclaration of self-assessed calculation^{German text}  made by a notary(→ ÖNK)^{German text} or a lawyer (→ ÖRAK)^{German text}
• proof of citizenship of the buyer;
• foreign nationals who are not equated with Austrian citizens as part of international agreements (e.g. freedom of movement for workers in the EU) will additionally require
  • approval from the Property Transfer Commission (in Vienna: → MA 35^{German text})

Costs and fees

• Filing fee for the application: 47 Euro, if the application is not submitted electronically^{German text} : 66 Euro
• Additionally, for entry of the ownership title in the land register (registration) for the purpose of acquiring ownership: 1.1 % of the purchase price.

Further information

In the case of subsidised commonhold properties a prohibition on sale is often entered in the land register in favour of the state government. This is the condition for granting subsidies and is designed to prevent the owner of a subsidised commonhold property from immediately reselling that property for profit. As long as the subsidy is in place, sale is only possible with the approval of the respective funding institute of the federal state in question.

Legal basis

• Gerichtsgebührengesetz (GGG)
• Allgemeines Grundbuchsgesetz (GBG)