Salzburg Land Transfer Act

Salzburg Land Transfer Act

Salzburg from 01.03.2023

Transitional Provisions

New regulations on land transfer will apply in Salzburg from 01.03.2023. However, the old provisions will still be partially used as transitional rules. The old provisions are still to be applied to the following legal transactions:

• Legal transactions that were concluded before the law came into force. This must be proven by a document.
• For the auction of land, if the auction edict was issued before the law came into force.
• Under certain conditions for the acquisition of rights by reason of death

Green Land Transfer in the Federal State of Salzburg

The acquisition of land for agricultural and forestry purposes in the federal state of Salzburg is generally subject to approval. The following are exempt from this approval requirement:

• Legal transactions within the family circle
• Legal transactions that are the subject of an agricultural law decision
• Legal transactions relating to land that is covered by an agreement pursuant to § 18 of the Spatial Planning Act or a previous provision. These must contain a designation as building land and the acquisition must serve to achieve the spatial development goal
• Legal transactions with the Landwirtschaftliche Befestigungsgenossenschaft Salzburg, regGenmbH, or the Baulandsicherungsgesellschaft mbH as the acquirer, if the sale of the land has an agricultural or forestry purpose. This purpose must be expressly stated in the purchase agreement.
• Legal transactions with the State of Salzburg or a municipality as the acquirer, if it concerns a plot of land of ecological importance within the meaning of § 2 Salzburg Nature Conservation Act. This must be certified by an expert opinion.
• Legal transactions that concern undeveloped plots of land under an area of 1,000 m² or parts thereof, if the acquirer is the owner of the adjacent plot
• Legal transactions with a municipality or Baulandversicherungsgesellschaft mbH, if the plot of land is considered for a building land designation according to the development plan of the municipality. The realization of the spatial development goals of the municipality must be expressly confirmed in the purchase agreement.
• Legal transactions with the Salzburg National Park Fund as the acquirer, if the provisions of the Salzburg National Park Act 2014 are fulfilled.
• 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, among other things. Above all, however, the legal transaction must serve to maintain agricultural and forestry.

• An enterprise that can no longer be maintained profitably on its own is divided
• The entire operation is transferred

Likewise, there are some reasons under § 9 S.GVG to refuse approval.

Grey Land Transfer in the Federal State of Salzburg

The legal acquisition of building plots in secondary residence restriction municipalities/areas in the federal state of Salzburg is generally subject to notification. The following are excluded from this:

• Legal transactions within the family circle
• Legal transactions relating to land used for parking motor vehicles
• Acquisitions of land with an area of less than 100m² and adjacent to a plot of land already owned by the acquirer
• Exceptions to the provisions of Sections 13 and 15 of the Land Partition Act
• Legal transactions between co-owners to change the co-ownership quotas

The required notification must include:

• A written copy of the purchase agreement
• In the case of a representative act, a power of attorney
• A declaration (see below)
• In the case of an exception to the declaration requirement, such proof

The declaration requirement regarding apartments

The acquisition of rights to apartments is generally subject to a declaration requirement. A declaration must be made that the apartment is used as a primary residence or as an extension of an existing primary residence. The following are excluded from this:

• Apartments that have been approved as secondary residences under building law
• Apartments that were already used as leisure residences before 01.03.1993
• Acquisition of rights by territorial authorities

The declaration requirement regarding tourist properties and usage units

After acquiring building plots that are intended for tourist use, the acquirer must submit a declaration to the Land Transfer Authority. In this declaration, the acquirer must state that

• the tourist use is maintained,
• this use is actually taken up within a certain period or
• the object is used as a primary residence.

Land Transfer for Foreigners in the Federal State of Salzburg

The legal acquisition of a plot of land by a foreigner in the federal state of Salzburg is generally subject to approval and notification.

The following acquisitions of rights are not subject to approval:

• Legal transactions within the family circle
• Legal transactions with spouses/registered partners as joint acquirers, if one of the two is an Austrian citizen or an EU/EEA citizen.
• Legal transactions within 2 years after the dissolution of the marriage/registered partnership for the division of assets
• Legal transactions between co-owners to change the co-ownership quotas
• Exceptions to the provisions of Sections 13 and 15 of the Land Partition Act
• Legal transactions subject only to notification

In order to obtain approval for the acquisition of a plot of land, certain requirements must be met:

• An enterprise should be permanently established, expanded or taken over
• A secondary residence should be established in a secondary residence area
• There are special public, cultural or socio-political interests in the acquisition of rights
• The object is to serve as a primary residence and the acquirer is a former Austrian citizen who has not lost this as a result of withdrawal
• The plot of land serves to expand an existing residence or business

Land acquisitions are also subject to notification for foreign persons. The notification must state the purpose of the acquisition and set a period of use. In addition to the notification, a declaration of use must also be submitted. This must state from when the intended use will be taken up.

Salzburg until 01.03.2023

Green Land Transfer in the Federal State of Salzburg

The acquisition of ownership of agricultural and forestry land in Salzburg is generally subject to approval.

Excluded from this according to § 3 S-GVG are:

• Legal transactions between spouses and registered partners
• Legal transactions between co-owners
• Legal transactions that are the subject of an agricultural law decision
• Legal transactions relating to land that is covered by an agreement pursuant to § 18 of the Spatial Planning Act or a previous provision. These must contain a designation as building land and the acquisition must serve to achieve the spatial development goal
• Legal transactions with the Landwirtschaftliche Befestigungsgenossenschaft Salzburg, regGenmbH, or the Baulandsicherungsgesellschaft mbH as the acquirer, if the sale of the land has an agricultural or forestry purpose. This purpose must be expressly stated in the purchase agreement.
• Legal transactions with the State of Salzburg or a municipality as the acquirer, if it concerns a plot of land of ecological importance within the meaning of § 2 Salzburg Nature Conservation Act. This must be certified by an expert opinion.
• Legal transactions that concern undeveloped plots of land under an area of 1,000 m² or parts thereof, if the acquirer is the owner of the adjacent plot
• Legal transactions with a municipality or Baulandversicherungsgesellschaft mbH, if the plot of land is considered for a building land designation according to the development plan of the municipality. The realization of the spatial development goals of the municipality must be expressly confirmed in the purchase agreement.

Grey Land Transfer in the Federal State of Salzburg

The acquisition of land for building plots in the federal state of Salzburg is not subject to approval. However, the acquisition of land must be reported to the mayor of the municipality. The following are exempt from this notification requirement:

• Acquisitions of rights between spouses, registered partners and towards their own children
• Land acquisitions that are intended to serve as parking spaces for motor vehicles
• Acquisitions of land with an area of less than 100m² and adjacent to a plot of land already owned by the acquirer
• Exceptions to the provisions of Sections 13 and 15 of the Land Partition Act

Land Transfer for Foreigners in the Federal State of Salzburg

In Salzburg, with regard to the acquisition of a plot of land by a foreign person, approval is required in the form of a certificate from the mayor. Certain requirements regarding the use of the land must be met.

• The land should serve to establish, expand or take over a business on a permanent basis.
• The land is located in a secondary residence area and is intended to serve as a secondary residence.
• There are special public interests in the acquisition of rights (socio-political, cultural, etc.)
• The object of acquisition serves to establish a primary residence of a former Austrian citizen who has not lost this as a result of withdrawal.
• The acquired land serves to expand an existing residence or business.

Approval for the acquisition can be refused on the basis of special reasons. These include, for example, an inadmissible intended use according to spatial planning regulations or a contradiction to cultural or even state-political interests.

The following are exempt from the approval requirement:

• The joint acquisition of rights by spouses, registered partners or life partners, of whom at least one possesses Austrian citizenship.
• Legal transactions between co-owners with an existing inventory or for the dissolution of a community.
• Legal transactions with relatives as acquirers.
• Legal transactions within two years after divorce or dissolution of a registered partnership.