Property
Ownership through the Grundbuch, with a 3.5% real-estate transfer tax
The General Civil Code (ABGB) governs ownership, which passes only on registration in the land register (Grundbuch) following a notarised or certified contract. Standard real-estate transfer tax (Grunderwerbsteuer) is 3.5% of the consideration, with reduced rates for transfers within the family.
Key rules
- Ownership of land transfers on entry in the Grundbuch, not merely on signing the contract.
- Real-estate transfer tax is 3.5% of the consideration for standard transfers, with reduced family rates.
- A registration fee for the land register applies in addition to the transfer tax.
- Acquisition of property by foreigners can require approval under provincial real-estate transaction laws.
Governing law
- General Civil Code (ABGB), property law (1811)
- Land Register Act (Grundbuchsgesetz)Registration of rights in land
- Real Estate Transfer Tax Act (GrEStG)3.5% standard rate
In practice
The constitutive nature of Grundbuch registration means the buyer is not owner until entry, and provincial approval rules can add a step for foreign buyers, especially for agricultural and secondary-residence property. Contracts are prepared by a notary or lawyer.