What is the legal definition of Wohnungseigentum (condominium)?

In Austrian law, Wohnungseigentum, which can sometimes be translated as "condominium", is defined as the real right to property granted to a co-owner of a piece of real estate, or to an ownership partnership (Eigentümerpartnerschaft), allowing them the sole right to use and dispose of a self-contained flat, another self-contained premises or a parking space.

The owner of a property in a condominium remains a co-owner of the relevant piece of real estate at all times; they own a nominal share of the entirety of the plot concerned.In contrast to schlichtes Miteigentum, which can be translated as "simple co-ownership", owners of a condominium benefit from an inseparable right to the exclusive use of a specific dwelling located on the plot, by virtue of their ownership of their share of the plot.This right is recorded in the land register (Grundbuch) in a process known as "Verbücherung", or registration.

You can only hold certified title (Verbrieftes Eigentum) to plots (defined as the land including any structures erected upon it) entered in the land registry, and not to individual flats within a building. This applies regardless of whether the title is held by a single individual or by several people as co-owners However, the Austrian Freehold Property Act (Wohnungseigentumsgesetz - WEG) does allow you to tie a share in a specific plot to the right to the exclusive use of a specific dwelling on that plot.

Further links

Legal basis

Wohnungseigentumsgesetz (WEG)

Certified Transalation
Last update: 1 January 2022

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