Carinthia Land Transfer Act

Carinthia Land Transfer Act

Green Land Transfer in the Federal State of Carinthia

In the federal state of Carinthia, the acquisition of ownership of agricultural and forestry land is generally subject to approval.

Exceptions to this are:

• Exceptions to the provisions of Sections 13 and 15 of the Land Partition Act
• The transfer of agricultural and forestry land between
  • Spouses
  • Registered partners
  • Relatives in a direct line, as well as adopted children, siblings, nephews, nieces
• The legal transaction between co-owners to dissolve the community or change the co-ownership quota
• The transfer of ownership in the course of an expropriation procedure
• The transfer of ownership of land that is to serve the purpose of public transport, public utilities and disposal, and public administration.
• The acquisition of ownership of a property is also not subject to approval if the acquirer is the owner of an adjacent property and the purchase serves to enlarge it
  • The purchase of land should serve, for example, the purpose of building a parking lot or an access road.
  • This approval-free land acquisition must not exceed an area of 500m² within 10 years.

In order to obtain approval for the purchase of a property, the acquisition must serve the general interest and the preservation and creation of agricultural and forestry land.

Grey Land Transfer in the Federal State of Carinthia

The acquisition of building land in the federal state of Carinthia is not subject to approval.

Acquisition by Foreigners in the Federal State of Carinthia

The acquisition of land by a foreigner in the federal state of Carinthia is generally subject to approval. Certain conditions must be met in order to obtain approval:

• The intended use must not contradict the land use plan
• The property should either be used as
  • Residence,
  • Business premises of an economic enterprise,
  • as realization of the objective of spatial planning or
  • Holiday apartment, if the acquirer has had his main residence in Austria for at least 5 years.

The following are exempt from the approval requirement:

• Legal transactions concerning agricultural and forestry land
• Exceptions to the provisions of Sections 13 and 15 of the Land Partition Act
• Legal transactions between spouses, registered partners, relatives up to the second degree and adopted children
• Legal transactions with a co-owner in the course of the dissolution or change of the co-ownership quotas
• The expansion of a property that is already owned by a foreigner.
  • The purchase of land should serve, for example, the purpose of building a parking lot or an access road.
  • This approval-free land acquisition must not exceed an area of 500m² within 10 years.