Grundverkehrsgesetz (Austria)
The basic traffic laws are in Austria on the country level existing laws that regulate the acquisition of land. There are nine different versions due to the federal regulation. Made to carry out procedures relating to these laws Grundverkehr commissions .
overview
The basic traffic in Austria is subject to the regionally responsible Basic Traffic Act, depending on the respective federal state concerned ; this regulates the basic traffic between residents , EU citizens and EU foreigners. For certain legal transactions with specially dedicated land , the land transfer authority decides whether a legal transaction is permissible or whether it is approved under certain conditions. Often a so-called transport commission decides with its members whether the legal transaction is approved or not.
Each of the nine Austrian federal states has its own basic traffic law, some of which differ greatly from other federal states. In particular, acquisitions of land that are used for agriculture and forestry, that are holiday homes, or land acquisitions by EU foreigners are subject to the restrictions of the land transfer laws. In principle, all legal transactions relating to the acquisition of real estate, but also, in some cases, existing and lease agreements and contracts relating to other real estate, are subject to the land transaction laws. If the approval of the real estate authorities has to be obtained for a legal transaction, the duration of the procedure between four and eight weeks must be assumed (due to objection deadlines, public announcement and so on).
Legal transactions relating to the acquisition of land with single-family houses and company properties are subject to the land transfer laws, but can be concluded relatively quickly and entered in the land register by declaring that the present legal transaction does not require the approval of the land transfer authorities . In addition, in some federal states there is a confirmation from the real estate authorities that a legal transaction does not require the consent of the respective real estate agency (negative confirmation).
aims
The objectives of the regulation of land traffic include:
- Sufficient and affordable settlement space should be available for the population . This is to prevent property prices from being driven up by speculation or from being sold to people who then only use them for holiday apartments and thus for a limited time.
- Maintaining an efficient peasant class . This means that the farmers with their trade also maintain the grassland and maintain the landscape - "farmland in the hands of the farmers".
Types of basic traffic
- Agricultural and forestry basic traffic (green basic traffic)
- Traffic with building plots (gray ground traffic )
- Real estate traffic for foreigners
- Traffic with lake areas (blue basic traffic)
Real estate traffic for foreigners is subject to approval by the land traffic authorities in all Austrian federal states.
In Lower Austria , Upper Austria , Salzburg , Carinthia , Vorarlberg , Burgenland , Styria and Tyrol , green traffic is regulated by the traffic authorities.
However, there are only licensing requirements for gray land traffic in the federal states of Tyrol, Upper Austria, Burgenland and Styria.
Real Estate Commission
If the decision of the real estate authority is necessary in the case of a legal transaction relating to real estate, the decision-making is transferred to a real estate commission. The responsible real estate commission is the one in whose area of responsibility the proportionately largest part of the property or plots lies. As a result, there is not only a separate land traffic commission for each federal state, but also for each political district of these federal states.
This ground traffic commission essentially consists of (using the example of Salzburg):
- a judge as chairman (or a legally qualified employee of the respective district administration as representative),
- two agricultural and forestry professionals living in the political district and
- a representative of the community in which the property or the largest part of it is located as an assessor.
If a plot of land used for agriculture or forestry is to be used for other purposes or in the case of acquisition of rights due to death, the Real Estate Transport Commission is also responsible for:
- a representative of the Chamber of Commerce ,
- a representative of the Chamber of Labor and
- a representative of the Chamber of Agriculture .
The commission is not bound by any instructions; the unofficial assessors have to vow the strictest impartiality and conscientious fulfillment of their duties. The Transport Commission meets at least quarterly to pass resolutions or, if required, when convened by the chairman. There is a quorum if at least the chairman and two assessors are present. In cases of change of use or acquisition due to death, at least four assessors and the chairman must be present. Decisions are made with a majority of votes; there are no abstentions. In a tie vote, the chairman decides.
Such a decision by the Upper Austrian Land Traffic Commission for the Braunau district can be seen in the attached file (notification of the Grundverkehrskommission). This includes, among other things: the property in question (blackened); the decisive commission; the condition under which the legal transaction is approved and a deadline to be observed for the condition.
Problems regarding EU legislation / Union law
In the past, the real estate laws caused problems with EU legislation, particularly due to the lack of equality between Austrians and EU citizens .
Later on, various regulations or requirements in particular when buying land used for agriculture and forestry led to differences of opinion; this also led to legal proceedings at the European Court of Justice . Even today, discussions are still pending in some cases as to whether the provisions of the basic traffic laws and the requirements of the commissions are legally compatible with the EU. This essentially concerns the possibility that the legal transactions can be canceled or made ineffective through foreclosures if conditions are not met. The obligation to self-cultivate was often a hotly contested point of discussion that was ultimately not repealed by the European Court of Justice
Basic traffic laws of the federal states
Vienna
Lower Austria
Upper Austria
Salzburg
Styria
Vorarlberg
Tyrol
Carinthia
Burgenland
See also
Individual evidence
- ↑ Basic traffic. ( Memento of the original from May 5, 2012 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. on: salzburg.gv.at , accessed January 16, 2012.
- ↑ Elisabeth Hörtlehner: Will peasant land remain in peasant hands ? ( Memento of the original from September 6, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. In: Juridicum Journal. June 25, 2010, accessed January 16, 2012.
- ↑ Acquisition of shares: real estate versus free movement of capital. to: weka corporate law online. Retrieved January 16, 2012.
- ↑ Grundverkehr in Tirol 2010. ( Memento of the original from March 26, 2012 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF; 271 kB) at: tirol.gv.at (amendment GVG Tirol), accessed January 7, 2012.
- ↑ Committee report AB 824/2006 GP XXVI - Report of the committee for economic affairs regarding the state law with which the Upper Austria. Grundverkehrsgesetz is changed. from: land-oberoesterreich.gv.at , accessed on January 7, 2012.
Other sources
- Legal information system Federal Chancellery
- Diploma thesis on the Salzburg land traffic law including online tool
- Overview and links to the basic traffic laws
literature
Current material
- H. Pachler, R. Uhl: Basic traffic law for practice. LexisNexis, Vienna 2011, ISBN 978-3-7007-4601-0 .
Older material
- Ch. Conrad: Grundverkehrsrecht in Österreich: with special consideration of Tyrol; from the basic discharge in 1948 until today. Manz, Vienna 1998, ISBN 3-214-07950-6 .
- H. Schreiner: Handbook of Austrian fundamental traffic law. Verlag Österreich, Vienna 1996, ISBN 3-7046-1001-1 .
