Burgenland Land Transfer Act

Burgenland Land Transfer Act

Agricultural and Forestry Land Transactions in the Province of Burgenland

The acquisition of ownership of agricultural and forestry land in the Province of Burgenland is generally subject to approval.

Exceptions to this include:

• Acquisitions between relatives
• Acquisitions between former spouses
• Acquisitions between co-owners
• Exceptions to the provisions of Sections 13 and 15 of the Land Partition Act

• The acquisition serves the public interest (public transport, hydraulic engineering, etc.) and the competent authority has already confirmed this.
• Legal transactions concluded in the course of an agricultural procedure, or where the agricultural authority has determined by decision that the legal transaction is directly necessary for the implementation of land consolidation.
• Acquisitions for mining purposes (e.g., safety measures)
• Acquisitions of plots of land with an area under 2,000m², which are used solely for gardening purposes.
• Acquisitions of plots of land with an area under 2,000m² that form a spatial and economic unit with a building plot and are acquired jointly. The value of the agricultural and forestry land must be significantly lower than the value of the building plot.

Building Plot Transactions in the Province of Burgenland

The acquisition of ownership of a building plot in the Province of Burgenland is subject to declaration in designated municipalities. This means that a written declaration must be submitted to the municipality or the competent land transfer authority. This declaration must include:

• The building plot is not used as a recreational residence.
• The acquirer is an Austrian citizen or an EU/EEA citizen (declaration of domestic status).
• The buyer is aware of the consequences of unlawful use.

A designated municipality is a municipality where the number of recreational residences is particularly high compared to the other municipalities in the Province of Burgenland.

However, there are also exceptions to the declaration requirement:

• Acquisition between relatives
• Acquisition between former spouses
• Acquisition between co-owners
• Exceptions to the provisions of Sections 13 and 15 of the Land Partition Act
• The acquisition serves the public interest (public transport, hydraulic engineering, etc.) and the competent authority has already confirmed this.

Acquisition by Foreigners in the Province of Burgenland

The acquisition of ownership in the Province of Burgenland by foreigners generally requires approval. The following conditions must be met for approval by the land transfer authority:

• State policy interests must not be prejudiced.
• There must be a national economic, economic, social, or cultural interest of the province or a municipality in the acquisition.
• The acquirer must have resided legally in Austria for at least 10 years.

However, there are also exceptions to the approval requirement by the land transfer authority:

• The acquisition of land between relatives counts as an exception.
• Also exempt is the acquisition between former spouses or registered partners.
• The acquisition by co-owners.
• or is equated with domestic citizens (such as an EU citizen) – thus, the approval requirement is waived.