Lower Austria Land Transfer Act

Lower Austria Land Transfer Act

Green Land Transfer in the Federal State of Lower Austria

In Lower Austria, the acquisition of ownership of agricultural and forestry land is generally subject to approval. The following are exempt:

• Legal transactions between relatives, spouses and registered partners, even after dissolution of the marriage/registered partnership within two years for the division of assets
• Legal transactions between co-owners to change the co-ownership quotas
• Legal transactions
• Acquisitions for measures related to public transport, public safety, and public energy supply
• Legal transactions regarding land that does not exceed an area of 3,000m², or 1,000m² if the land is wholly or partially located within designated viticultural areas
• Exceptions to the provisions of Sections 13 and 15 of the Land Partition Act

In order to obtain approval from the Land Transfer Authority, certain requirements must be met, including:

• The land acquisition serves the purpose of residential construction or the fulfillment of public, non-profit or cultural tasks, or
• The land acquisition serves the construction or expansion of a commercial, industrial or mining facility.

Grey Land Transfer in the Federal State of Lower Austria

The acquisition of land for building plots in the Federal State of Lower Austria is not subject to approval.

Foreign Land Transfer in the Federal State of Lower Austria

The acquisition of ownership of a property by foreign persons in the Federal State of Lower Austria is generally subject to approval.

The following are exempt:

• Legal transactions by spouses or registered partners if they act as joint acquirers and at least one of them is an Austrian citizen or an EU/EEA citizen
• Legal transactions between spouses or registered partners after at least 10 years of marriage/registered partnership, relatives in a direct line or siblings
• Legal transactions within 2 years of a legally binding divorce

The requirements for approval are as follows:

• State political and public interests must not be impaired.
• The acquirer must not
  • Be sentenced to a term of imprisonment exceeding 6 months
  • Have been convicted of a financial offense
• There is an economic, social or cultural interest of the state or a municipality in the acquisition of the property, or
• The acquirer has had their main residence in Austria for at least 10 years