FAQ

Answers to frequently asked questions

What requirements do I have to meet for a loan to buy a property?

Since August 2022, at least 20% of the purchase price must be available as equity, the loan may not run for longer than 35 years and the loan installments may not exceed 40% of monthly income.

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Am I exempt from the fees (registration of ownership and lien) in the land register?

From 01.04.2024, there may be fee exemptions for purchase contracts if entry in the land register is applied for after 01.07.2024. Up to a purchase price of EUR 500,000, the exemption applies if the property is purchased as a main residence and used for 5 years and if ownership of the property is not relinquished for at least 5 years. If the purchase price is higher, the exemption only applies to the first EUR 500,000; if the purchase price exceeds EUR 2 million, the exemption does not apply. Make use of the fee exemption with the help of professional support and save up to EUR ...

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What should I bear in mind when concluding a contract with a partner abroad?

You should definitely agree on an Austrian place of jurisdiction; then you can turn to an Austrian court in the event of disputes. In this way, you can avoid court proceedings abroad, which are particularly expensive due to interpreter, translation and travel costs. If you use General Terms and Conditions (GTC), you should also stipulate the Austrian place of jurisdiction in the GTC. Ideally, you should not only agree in your contract that Austrian courts have jurisdiction, but also that Austrian law applies. (The two are independent of each other).

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What is a lease?

Tenancy eviction means that the landlord persuades a tenant to move out. This can be achieved by a court decision or by reaching an agreement with the tenant. Tenants in apartments are usually specially protected by the Tenancy Act. As a landlord, you need to think about particularly good tactics and gather evidence in order to be optimally prepared for negotiations or court proceedings.

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What rights do I have as a beneficiary of a compulsory portion?

- As a person entitled to a compulsory portion, you can request that the deceased's assets be valued and included in an "inventory". - You may be present at the valuation yourself or be represented there. - You can request that previously unknown assets of the deceased be included in the inventory. - You can request that gifts made by the deceased to others be taken into account, which may lead to an increase in your compulsory portion. - You can contest an incorrect will. - We are happy to professionally enforce your claims in probate proceedings.

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How can I prevent a complete stranger from taking my place if I am no longer able to make decisions?

With a health care proxy, you can specify who should represent you if you are no longer able to conclude contracts on your own. For the power of attorney to become effective, it must be entered in the Austrian Central Register of Representatives (ÖZVV) and a doctor must confirm that you are no longer capable of making decisions. We are happy to support you and your family from the drafting of the appropriate power of attorney to registration in the ÖZVV.

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Should I give my apartment to my child now?

This is supported by the fact that there is currently no gift tax in Austria. When making a gift, you can have a right of residence entered in the land register for yourself and thus continue to have the right to live in the gifted apartment. With a prohibition on encumbrance and sale, you can prevent your child from selling or encumbering the apartment during your lifetime. You must bear in mind that the gift may lead to inheritance claims by your other children or your spouse.

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Can the view from my property (e.g. of St. Stephen's Cathedral) be protected?

Yes, you can agree with your neighbors that your view may not be obstructed. This "easement of unobstructed view" can also be entered in the land register and then passed on to buyers, which in turn leads to an increase in the value of your property. We will be happy to draw up a contract for you regarding the easement of unobstructed view, assist you in the contract negotiations and also enter your rights in the land register to enhance the value of your property.

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Why do I need a trustee to buy a house or apartment?

A buyer does not want to transfer money to the seller if it is not certain that it will actually be entered in the land register. A seller, on the other hand, does not want to transfer the property by entering it in the land register without being sure of receiving the purchase price.

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When do I need an energy performance certificate?

The seller or landlord of an apartment or house is obliged to provide his contractual partner with an energy performance certificate showing the heating requirements. Failure to do so may result in an administrative penalty and consequences under warranty law.

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What are the advantages of parifying an apartment building?

If an apartment building is not subdivided, no individual apartments can be sold. Parification turns the apartments into condominiums that can be sold, bequeathed or given away without consulting the owners of the other apartments.

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I would like to parify my apartment building. What do I need for this? Who can I contact?

You will first need a usable value appraisal from a civil engineer on the shares of the individual co-owners. We can then establish the condominium ownership in the land register on the basis of the usable value report. We are happy to put our network and our contacts to civil engineers at your disposal and successfully implement the parification of your house. We would be happy to make you an offer for this.

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