Legal Advice

Are you interested in a summer residence on Lake Wolfgang or a snowy domicile in Zell am See?

Before you get started, however, it should be clarified, what the possiblities and limitations are to purchasing property in Austria. The most important criteria to take note of are, among others, in which of the nine states ( Bundesländer) of Austria the desired property is located and whether this property is intended to be the primary or secondary place of residence.

The Austrian State of Salzburg

In the state of Salzburg, Austrians and citizens of the European Union (EU) can purchase vacation properties without problem. Exceptions exist only for such properties and pieces of land, which are dedicated to agricultural or forestry purposes. Those foreigners, who do not have parity with Austrian natives or citizens of the EU, require an approval from the Office of Ground Property officials (Grundverkehrsbehörde).

The Austrian State of Upper Austria (Oberösterreich)

The requirement of an official approval prior to the acqusitation of property exists in the following countries (Gemeinden):

Bad Ischl, Bad Goisern, Edlbach, Gosau, Hinterstoder, Innerschwand, Klaus an der Pyhrnbahn, Mondsee, Obernhofen am Irrsee, Rosenau am Hengstpass,  Roßleithen, Seewalchen, Spital am Pyhrn, St. Pankraz, Tiefgraben, Traunkirchen, Vorderstoder, Windischgarsten and  Zell am Moos. Citizens of the EU as well as EWR citizens have parity with Austrians. There are additional requirements for citizens of other countires.

The Austrian State of Styria (Steiermark)

No limitations for Austrian natives and EU citizens in vacation home areas. Exceptions here, however, include the purachse of a property for the purpose of a secondary residence, when it is in one of the 95 Styrian reservation countries (Vorbehaltsgemeinden). This does not apply to portions of buildings (Gebäudeabschnitte) and condominiums.

The Austrian State of Tirol

For years, Tirol has taken a hard stance with regards to vacation domiciles. These so-called secondary residences (Zweitwohnsitze) must be registered in an index for vacation residences (Ferienwohnsitze). Regarding pieces of land, such a land use must be clearly identified on the site plan (Flächenwidmungsplan). Additional limitations may be applicable by Tirolean county boards (Gemeinderäte) regarding the purchase of a property in each individual county.