FAQ

Answers to frequently asked questions

I am burdened by the probate proceedings of a family member. Do I have to be present in person at the notary appointments?

No. You can be represented by a lawyer of your choice. This means you don't have to go to a notary or court in person and your interests are protected professionally. We are happy to support you in probate and inheritance proceedings and in making the right and appropriate decisions for you.

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I would like to give my house/apartment to my child as a gift. Do I have to pay gift tax?

There has been no gift tax in Austria since 2008. Land transfer tax and a registration fee for the land register must also be paid in the case of a gift. We will be happy to advise you on the options for transferring assets to the next generation and draw up your gift agreement. We will clarify the amount of land transfer tax with you in advance.

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Can I prohibit my tenant from keeping dogs?

The keeping of dogs and cats can be effectively prohibited with special wording in the tenancy agreement. A general ban on keeping pets is ineffective.

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Can I rent out my apartment via AirBNB?

- In Vienna, AirBNB may not be used for letting in residential zones (this is stated in the zoning plan). - In the case of condominiums, care must be taken as to whether letting via AirBNB contradicts the condominium contract or the condominium zoning. - In the case of rented apartments, letting via AirBNB may contradict the subletting ban. - Depending on the structure, a business license may also be required for letting via AirBNB.

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How do I find out whether a building is a listed building?

A decision must be issued to place a building under monument protection. Usually, the existence of monument protection is also entered in the list of monuments of the Federal Monuments Office and made visible in the land register. However, since inclusion in the list of monuments and the publication in the land register are not mandatory, it is advisable to check whether a notice has been issued in the past, even if there are no entries. We recommend including appropriate liability and warranty provisions in the purchase contract.

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As an heir, do I have the opportunity to check the deceased's previous account transactions?

As an heir, you have the same rights and obligations as the deceased. The deceased was allowed to inspect past transactions on their own account; this right is transferred to the heir. In the event of inconsistencies in the estate assets, we recommend making use of this right to clarify asset disposals.

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What does the currently discussed amendment to the Brokers Act mean in practice?

The amendment is intended to introduce the "client principle" for residential rental contracts. The person who arranges the broker's services and selects the broker should then pay the broker's commission. This means that, as a rule, the agent's commission is to be paid by the landlord. Only rental contracts for apartments are affected, not for business premises. The brokerage fee for purchase contracts remains unaffected.

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What additional costs should I expect when buying an apartment or house?

Fees are incurred here, such as land transfer tax or the registration fee.

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How do I become the owner of an apartment?

In addition to a contract with which the apartment is acquired, the registration of ownership in the land register is required.

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Can I buy an apartment that has not yet been built?

Yes, that is possible.

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Can I take over a rented apartment from a relative if I register my residence there?

The main residence registration alone is not sufficient to establish a right of entry.

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Can I extend tenancy agreements with my tenant as often as I like?

Rental agreements can be extended as often as required for a specific period.

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