Tyrol Land Transfer Act

Tyrol Land Transfer Act

Green Land Transfer in the Federal State of Tyrol

In Tyrol, the acquisition of ownership of agricultural and forestry land is generally subject to approval. The following are exempt from this approval requirement:

• The acquisition of rights by heirs or legatees who belong to the circle of legal heirs
• The acquisition of rights between spouses, registered partners and relatives, if the property is transferred undivided.
• The acquisition of rights to land with an area of no more than 300m², if the acquirer’s property is in the immediate vicinity
• The acquisition of rights to land that is not economically significant, if the acquirer owns a property immediately adjacent to it
• The acquisition of rights by the Landeskulturfonds or the Tiroler Bodenfonds
• Acquisition of rights by the municipality, the province or the federal government, if the acquisition serves its tasks.

The acquisition of ownership must be approved in any case if it does not conflict with the principles of the Tyrolean Land Transfer Act. Likewise, the acquirer must declare that the land will be cultivated properly and sustainably.

Grey Land Transfer in the Federal State of Tyrol

In the federal state of Tyrol, the acquisition of ownership of building land is generally subject to a declaration requirement. It must be declared that the property will be built on within a certain period. The following are exempt from this declaration requirement:

• Legal transactions by heirs or legatees who belong to the legal heirs
• Legal transactions between spouses, registered partners or relatives
• Legal transactions after legally effective dissolution of the marriage/registered partnership in the course of the division of the joint assets
• Legal transactions by a co-owner to change or dissolve the co-ownership

In the case of property acquisitions in reserved municipalities, an additional declaration by the acquirer is required stating that the purchase does not create a new secondary residence.

Acquisition of Property by Foreigners in the Federal State of Tyrol

In the federal state of Tyrol, the acquisition of ownership by foreigners is generally subject to approval. The following are exempt from this approval requirement:

• The acquisition of rights by heirs or legatees who belong to the legal heirs
• The acquisition of rights to building land between spouses, registered partners after the legally binding annulment of the marriage/partnership for the purpose of asset division

Approval for the sale of a property will be granted if the required declaration for the purchase of the property is available and state-political and public interests are not violated by the purchase.