The term “land register” inevitably comes up in connection with the purchase of a property. This has a long tradition: its roots go back to the Middle Ages, the first land registers in book form were created under Maria Theresa in 1770, the land register was computerized in the 1980s and has been available online since 1999. Ulrich Voit, notary in Vienna and spokesman for the Austrian Chamber of Notaries (ÖNK), tells us everything we always wanted to know about the land register.
What is the land register?
The land register is a public register in which both the ownership rights to real estate and other rights or encumbrances associated with the property are recorded. The basis of the land register is the cadastre: this defines the actual property conditions such as location or area and sometimes the boundaries of the property in the so-called cadastral map. Entries in the land register are made by the land registry court. “The judicial officers working there check the documents for accuracy. The entries are then either made or refused. This is the case, for example, if a document is incorrect or misleading,” says notary Ulrich Voit. The basis for an entry in the land register is a land register application, which, with the exception of the simplest applications such as changes of address of the owners, is usually submitted by a notary or lawyer.
How is the land register structured and what does it say?
The land register consists of the main register and the collection of deeds, whereby a separate main register and a separate collection of deeds are kept for each cadastral municipality (KG).
In the general ledger, each property has its own number (“deposit number”). In addition, there are three sheets for each property. The A sheet (property inventory sheet) provides information on the property number, area, address (if available) and type of use. The A2 sheet provides information on rights in rem, as well as restrictions and encumbrances under public law. “These are constantly recurring obligations, such as toleration obligations and public easements,” explains Voit. The A2 sheet therefore provides information on whether the property is located in an aircraft noise zone, for example. The B sheet lists the owners in consecutive numbers and their ownership share in the property. The B sheet also lists the deed held in the collection of deeds on the basis of which the ownership right was registered. The C sheet, also known as the encumbrance sheet, contains all encumbrances associated with the ownership of the property. These include bank liens, prohibitions on sale or encumbrance, rights of residence, pre-emption or repurchase rights or easements.
The collection of deeds contains all deeds on the basis of which a land register entry has ever been made. These include, for example, purchase and condominium agreements, resolutions of inheritance, loan or gift agreements.
What is a lien in the land register?
“A lien is a right in rem of the lender to a specific object, in this case a property. This right in rem serves to secure a loan claim,” explains Voit. If the debtor, i.e. the borrower, is unable to repay the loan, the lender can cover its claim by selling the property.
Do you own a property if you are not listed in the land register?
The answer is basically no. The owner is, with a few exceptions (heirs, usufructuaries, auctioneers), the person who is entered in the land register.
How much does the entry cost?
In principle, an application fee for entry in the land register (47 euros for an electronic application, otherwise 66 euros) and a fee of 1.1 percent of the purchase price when acquiring a property or 1.2 percent of the lien when registering a mortgage must be paid. Before the application for entry in the land register is submitted, the relevant documents must be notarized, which also incurs costs. However, the registration fee is currently waived under certain conditions – but only when buying a property: anyone who has purchased or acquires a house, apartment or plot of land after April 1, 2024 can still apply for exemption from the registration fee until June 30, 2026. The exemption applies to 500,000 euros per purchase transaction up to a maximum amount of two million euros. (See blog post on the topic of fee exemption)
How much does a deletion cost?
Once the loan has been paid off, for example, the lien can be deleted from the land register. “The prerequisite for this is that the bank gives its consent in the deletion receipt, which must be notarized,” says Voit. The application for deletion in electronic legal transactions also incurs an entry fee of 47 euros or 66 euros in non-electronic legal transactions, as well as costs for a notary or lawyer. “There are also fees for the deletion itself, which are determined by the value of the lien. For small liens, the costs can amount to 300 euros, but for large liens the costs can also be 1,600 euros,” says Voit.
How long does the registration take?
“That’s individual,” says Voit. If it is a simple land register entry without the creation of residential property rights or without a complicated division of the property, the average duration is four to six weeks. “But if, for example, condominium ownership has to be entered in the land register for a newly built residential complex, you can expect it to take six to twelve months,” says the notary.
Who can request an extract from the land register in Austria and where can I get one?
As the land register is public, anyone in Austria may inspect the land register or request an extract from the land register. An extract from the land register can be obtained either in person at the relevant district court or via a lawyer or notary. Certified land register extracts are also available from the latter. The land register data can also be requested via JustizOnline or from clearing offices authorized by the Federal Ministry of Justice or online platforms. The costs vary depending on the amount of data requested. A current extract from the land register, for example, is available for just a few euros.
Is the land register anonymous?
No. However, the 2024 amendment to the land register created the possibility of restricting the inspection and inclusion of deeds such as purchase and gift agreements, inheritance decrees, divorce settlements and similar in the collection of deeds. Since September 1, 2024, persons can request the restriction of access to data on private or family life contained in such documents, such as custody agreements in the event of a divorce, by means of a fee-free application.
Julia Dragosits
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