Real estate in Austria - Conveyancing

In Austria, it is legally permissible to carry out a real estate transaction without the involvement of a lawyer. However, due to the complexity of such matters, it is strongly recommended to engage a legal expert. To avoid misunderstandings and potential future disputes, it is particularly important that a real estate purchase agreement is prepared by a specialist in real estate law. Our legal team possesses extensive experience in this field and is at your disposal for any related matters. 

Once you have selected a specific property, our colleagues will initially perform a land register check to provide you with information regarding current ownership and any existing encumbrances. We will inform you thoroughly about rights of way, rights of first refusal, liens, and mortgages. 

If you have no further concerns regarding the acquisition, the process can proceed to the contract conclusion phase. 

Under Austrian practice, it is customary for a trust agreement (“Treuhandvereinbarung”) to be concluded between the buyer, the seller, and the drafting attorney (contractual trustee) in the course of preparing the purchase agreement. This agreement ensures the prompt, orderly, and secure execution of the transaction and helps mitigate legal and financial risks for both parties. 

The attorney, acting as trustee, is responsible for registering the purchaser’s title in the Land Register (“Grundbuch”) after verifying that the full purchase price has been received in the designated escrow account. The trustee then disburses the funds to the seller in accordance with the trust agreement. Legal title to the property is considered transferred upon successful registration in the Land Register. 

This registration requires the issuance of a declaration of conveyance (“Aufsandungserklärung”) by the seller, typically included in the purchase contract. Through this declaration, the seller grants express and irrevocable consent to the registration of the buyer’s ownership in the Land Register. 

Pursuant to the Austrian Court Fees Act (“Gerichtsgebührengesetz”), the registration of title is subject to a fee of 1.1% of the purchase price. The registration application must be submitted in a form admissible for land register purposes (“grundbuchsfähige Form”), which requires notarized signatures. No special electronic signature software or hardware is needed. A national identity card or passport—regardless of chip function—is sufficient to sign the document. 

Already at this initial and crucial stage, our law firm distinguishes itself from traditional legal practices. We actively embrace the digital transformation of the legal sector and employ a broad range of specialized legal tech tools. These digital instruments are designed with client convenience in mind and allow real estate transactions to be executed entirely digitally. 

Since 2020, Austrian legislation has explicitly permitted the notarization of contracts via electronic communication. Our law firm offers you the possibility to conclude and notarize the contract digitally, in the presence of our legal professionals and cooperating notaries. Digital notarization poses no obstacle, as we work closely with multiple notarial offices, offering flexible appointment scheduling, including outside regular business hours. 

Nationals of the United Arab Emirates, as non-EU citizens, must obtain governmental approval before acquiring real estate in Austria. This requirement is governed by the respective Land Transfer Acts (“Grundverkehrsgesetze”) of the individual federal states, and the procedures may vary depending on the region. For example, in Vienna or Lower Austria, approval from the Land Transfer Authority (“Grundverkehrsbehörde”) is required. 

Approval is generally granted if the following conditions are met: there is no impairment of public interests, the acquisition is not intended to circumvent residency or tax obligations, and the buyer can demonstrate a genuine economic or personal interest in the acquisition.  

What additional acquisition costs should you anticipate? 

Whether you are purchasing your dream home, investing in Austrian property, or navigating cross-border requirements as a non-EU national, our experienced legal team is here to guide you every step of the way. We combine legal precision with cutting-edge digital solutions to make your real estate transaction smooth, secure, and time-efficient. 

Contact us today to schedule a consultation — and take the first confident step toward your property in Austria.