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Under Hofstelle means a legal sense Farm , that is the site of a settled farmer .

To the subject

Since a rural property usually includes extensive agricultural land , which can even be developed with buildings, the term is used to define the central economic location of the property, generally as the residence of the managers and the seat of the agricultural operation in the legal sense. The buildings of the courtyard are seen as a grown and functional unit.

The exact scope of what belongs to the Hofstelle is seen differently in legal definitions. In particular, there are deviations in the legal definition of the extent to which domicile and place of business must coincide and the farm is managed from the farm. This question is relevant due to the numerous historical peculiarities in agricultural legal issues, such as inheritance law or building law . Here Hofstelle then often specifically only refers to the buildings and facilities required for the operation of agriculture as an economic unit.



The term Hofstelle is not used uniformly in German law.

In building law , the farm is a necessary part of an agricultural operation on which the farmer lives. As a rule, these are the buildings on the farm that are intended for living and working (living quarters, servant apartments, old-age sharing apartments, stables, barns, workshops, garages). The buildings of a farm only represent a farm if at least one of these buildings is an agricultural residential building.

In the valuation right according to § 143 Abs. 3 BewG , the farm is the place from which agricultural areas are properly and sustainably managed, whereby company apartments and living quarters are not included in the farm (i.e. only stables, barns, workshops, garages).


Agricultural law in Austria is consistently regulated by state law. The question of the precise definition arises, for example, where an inheritance right (inheritance) , i.e. properties that are to be inherited as a closed entity, are provided. For example, the Tyrolean Spatial Planning Act speaks of “residential buildings or residential parts of farms”, while in the Carinthian Hereditary Farms Act - a federal law - under farms only “the buildings required to operate agriculture” - “the presence of a farm building, a residential building, is decisive does not necessarily have to be present. "

Individual evidence

  1. ^ Ruby, in: Groll: Praxishandbuch Erbrechtsberatung , 2nd edition. 2005, Chapter XIII (Hofer succession)
  2. Decision of the BVerwG of March 14, 2006 on § 35 BauGB
  3. § 2 Z. 2 proclamation of the state government of 28 June 2011 on the re-publication of the Tyrolean Regional Planning Act 2006 (Tyrolean Regional Planning Act 2011) StF: LGBl. No. 56/2011 (as amended, ris.bka ); See also § 44 Special Areas for Courtyards
  4. cited according to inheritance law prevents businesses from being broken up  ( page no longer available , search in web archivesInfo: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. @1@ 2Template: Toter Link / ktn.lko.at   , Chamber of Agriculture Carinthia, April 15, 2010, accessed December 17, 2013; cf. Federal Act of 13 December 1989 on the division of peasant inheritance in Carinthia (Kärntner Erbhöfegesetz 1990) StF: Federal Law Gazette No. 658/1989 (as amended, ris.bka).