Purchase, gift & Land Register
Drafting and reviewing purchase and gift contracts, negotiating terms, acting as escrow agent and handling the registration in the Land Register.
How an apartment purchase worksReal estate lawyer in Vienna
Real estate law.
Straightforward.
Personal advice and representation in property transactions, developer contracts and real estate disputes — from the contract to court proceedings.
More than a decade of experience in real estate law
Personal attention
Clear costs
Prompt replies, in English
Services
Focused on real estate law.
Property transactions and disputes have serious legal and financial consequences. We create clarity before a question becomes a problem, and develop a strategy with you that fits your goal.
Developer contracts
Reviewing contracts for apartments bought off-plan, assessing the legal risks and the security provided for your instalments, and accompanying the transaction through to handover.
Building defects & warranty
Examining and enforcing warranty and damages claims for construction defects — out of court and in court.
Condominium law
Advice on disputes with the property manager or with other owners, and on intended alterations to your apartment.
Leases
Drafting and reviewing leases for landlords — from the permissible rent and a fixed term that holds, through to termination when the tenant falls into arrears.
From practice
What happens in practice.
Developer contract
A buyer submitted the contract for a buy-to-let apartment for review before signing. The instalment schedule departed from the requirements of the Developer Contracts Act, and the security provided was insufficient.
The contract was renegotiated and amended before it was signed.
Building defects
Recurring damp appeared in a newly built apartment. The developer pointed to the way the owners were using the property. We had the cause established by a court-appointed expert and asserted the warranty claims within the time limit.
The claim was enforced in court and the repairs were carried out at the developer's expense.
Condominium
An owner planned to convert the attic above his apartment. Two co-owners refused their consent. We examined which consents were required and conducted the negotiations with the owners.
An agreement was reached and no proceedings were necessary.
Commercial lease
The tenant of a commercial unit fell months behind with the rent and did not pay even after a formal demand. The owner wanted to end the tenancy and re-let the premises. We terminated the lease on account of the arrears and brought an action for payment and possession.
The arrears were awarded and the premises vacated.
How it works in Austria
Five things that are different here.
Austrian property law has a few fixed points that surprise buyers from abroad. Knowing them before you sign the first paper saves money and time.
Grundbuch — the Land Register
You own an apartment when your name is entered in the Land Register, not when you sign the contract. The register is public and kept by the district court. Every mortgage, right of way and pending application is visible in it.
We read the extract before you commit to anything.
Treuhand — escrow
The purchase price is not paid to the seller. It goes into an escrow account held by the lawyer as trustee and is released only once you are registered and the seller's mortgages have been deleted.
Your money stays protected until the apartment is legally yours.
Notarised signatures
The Land Register accepts only notarised signatures. A notary certifies the identity of the signatories. The parties need not sign at the same time or in the same place. Signing from abroad is possible.
We organise the notary and, where needed, signing abroad.
Taxes and fees
A purchase triggers real estate transfer tax of 3.5 % and a registration fee of 1.1 % of the purchase price, plus the contract, the escrow and, if an agent was involved, a commission of up to 3 % plus VAT.
We calculate the tax and pay it on your behalf.
Buyers from outside the EU
Citizens of EU and EEA states buy on the same terms as Austrians. Buyers from other countries need a permit from the land transfer authority (Grundverkehrsbehörde) under the Vienna Foreign Land Acquisition Act. It cannot be obtained in advance: the application has to be filed together with the fully signed purchase contract. You therefore sign first, and the purchase then depends on the permit being granted.
The contract is drafted for exactly that, and your money stays in escrow until the permit is there.
Direct attention
One point of contact for your matter.
From the first conversation to the end of the agreed work you have one direct point of contact.
What matters is a clear assessment of the legal position, an approach tailored to your goal, and reliable communication — in English or German, as you prefer.
How we work
A clear path from question to solution.
No unnecessary detours, no jargon without explanation. You know where your case stands and what happens next.
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Understand the situation
We clarify your goal, review the documents and assess the legal starting position.
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Agree a strategy
You receive a plain-language assessment of the prospects, the effort involved and the sensible next steps.
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Carry it through
We pursue the agreed line reliably and keep you up to date throughout.
Fees
Clarity about costs, too.
You receive a concrete estimate of the expected costs in advance.
Work is billed by time. Purchase and gift contracts are handled for a flat fee. Experience with comparable cases usually allows a good estimate at the first meeting.
The initial consultation costs EUR 220 including VAT. In it we clarify what the matter is and whether and how we can help. What to expect afterwards in terms of effort, we discuss before we act.
Send an enquiryContact
Let us talk about your matter.
Describe briefly what it is about. In a first conversation we can clarify where you need legal support and what the sensible next steps are.
As a rule you receive a first reply to your enquiry within one working day.