Buy Property in Austria – Complete Checklist for Foreign Buyers and Investors

When you buy property in Austria, it's essential to understand that municipalities regulate land use through zoning laws (Flächenwidmung) and development plans. These local regulations determine whether a property can be used for residential living, commercial activity, agriculture, or tourism.

If you're looking to buy a holiday home or second residence in Austria, be aware that specific restrictions may apply—especially in high-demand tourist regions like Tyrol, Salzburg, or Vorarlberg. In these areas, local authorities often limit the number of properties allowed for seasonal or non-primary use in order to protect affordable housing for residents.

Failing to comply with these zoning regulations can result in fines, legal issues, or even mandatory changes to how the property is used. Therefore, before purchasing real estate in Austria—particularly for investment or vacation purposes—it is crucial to check the permitted use with the local municipality or consult a real estate and tax advisor.

The purchase agreement (Kaufvertrag) is the most important legal document in your property transaction. It must be drafted in writing and include:

• A detailed description of the property (including land register plot numbers)

• The name of the municipality and location of the property

• Any co-ownership shares (e.g. in apartment buildings or shared access roads)

• Agreed terms of payment and transfer of ownership

After signing the agreement, a priority notice (Rangordnung) should be filed in the land register to secure your legal claim to the property and prevent third parties from registering competing rights.

Why you should always work with a qualified Austrian real estate lawyer:

Property law in Austria is complex and regionally regulated – especially when it comes to foreign buyers, zoning restrictions, and land registration. An experienced Austrian lawyer (Rechtsanwalt) will:

• Ensure the contract is legally valid and tailored to Austrian law

• Check all legal aspects of the transaction (ownership, encumbrances, use restrictions)

• Represent your interests in negotiations with the seller or real estate agent

• Handle the escrow arrangement securely and in compliance with legal requirements

• Oversee the registration in the land register and monitor deadlines

By working with a specialized property lawyer, you avoid costly mistakes and ensure that your investment in Austrian real estate is secure, compliant, and future-proof.

If you’re planning to buy property in Austria as a foreign investor, it’s essential to confirm whether you are legally permitted to purchase real estate under Austrian law. Austria has specific restrictions on property ownership for non-EU/EEA nationals, and regulations can vary depending on the federal province (Bundesland) and the intended use of the property (e.g., residential vs. commercial, primary residence vs. holiday home).

Here’s what to keep in mind:

• EU/EEA Citizens: Generally have the same rights as Austrian citizens and can purchase property freely, although some municipalities may impose restrictions on second homes or holiday apartments.

• Non-EU Citizens: Usually require approval from the regional land transfer authority (Grundverkehrsbehörde) before they can buy property. Approval depends on factors such as property location, type of use, and whether the purchase serves local interests.

• Special Regulations in Tourist Areas: Regions like Tyrol, Salzburg, and Vorarlberg often have strict controls to prevent speculation and preserve housing availability for locals. These areas may not grant approval for holiday homes or investment properties to foreign buyers.

To avoid costly delays or rejections, we conduct a thorough legal review of your eligibility before you sign any purchase agreement. Our team coordinates with local authorities and legal experts to ensure full compliance with property acquisition laws.

If you’re unsure whether you qualify to buy property in Austria, we’ll guide you through every step – from confirming legal permissions to handling approvals and paperwork on your behalf.

In Austria, legal ownership of real estate is only conferred once your name is officially entered in the land register (Grundbuch). Until then, you are not the legal owner — even if the contract is signed and the payment is made.

To complete registration, you must provide:

• A notarized deed of purchase (Kaufvertrag)

• Proof of payment of the real estate transfer tax (Grunderwerbsteuer)

• Any required approvals, such as land transfer permissions or foreign ownership authorizations

We work closely with Austrian notaries

Over the years, we have built strong professional relationships with experienced Austrian notaries who specialize in real estate transactions. If you do not yet have a legal representative in Austria, we are happy to:

• Connect you with a trustworthy notary or real estate lawyer

• Coordinate communication and documentation in English, Dutch, or German

• Ensure all steps are handled efficiently, securely, and in full legal compliance

Let us help you make the property acquisition process in Austria simple, safe, and successful – from the first signature to official land registration.

Buying property in Austria comes with ongoing tax and reporting obligations – especially if you plan to rent out the property (long-term or short-term) or sell it in the future. Our firm specializes in assisting international investors and provides comprehensive, worry-free support throughout the ownership period.

We work closely with experienced Austrian tax advisors to ensure full compliance and optimal tax structuring. Together, we offer you an integrated service tailored to your needs:

Ongoing Accounting & Tax Support:

• Preparation and filing of Austrian tax returns for rental income

• VAT registration and compliance for short-term rentals (e.g. Airbnb, Booking.com)

• Annual financial reporting for rental properties and income statements

• Coordination with your tax advisor in your home country to avoid double taxation

• Monitoring of holding periods and capital gains tax implications in case of a sale

• Advice on the best ownership structure (private vs. corporate, Austrian vs. foreign entity)

Whether you are an individual buyer, family office, or investment company – we make sure that your real estate investment in Austria is handled professionally and tax-efficiently from day one.