Twitter Logo Youtube Circle Icon LinkedIn Icon

The Legal 500 Hall of Fame Icon The Legal 500 Hall of Fame highlights individuals who have received constant praise by their clients for continued excellence. The Hall of Fame highlights, to clients, the law firm partners who are at the pinnacle of the profession. In Europe, Middle East and Africa, the criteria for entry is to have been recognised by The Legal 500 as one of the elite leading lawyers for seven consecutive years. These partners are highlighted below and throughout the editorial.
Click here for more details

Austria > Legal Developments > Real Estate & Property > Law firm and leading lawyer rankings

Editorial

Press releases and law firm thought leadership

This page is dedicated to keeping readers informed of the latest news and thought leadership articles from law firms across the globe.

If your firm wishes to publish press releases or articles, please contact Shehab Khurshid on +44 (0) 207 396 5689 or shehab.khurshid@legalease.co.uk

 

Rien ne va plus!

August 2018 - Real Estate & Property. Legal Developments by Dorda.

More articles by this firm.

 

Austrian Real Estate and Construction Law

On 30 June 2018 an amendment to the Vienna Building Code entered into force rendering it more difficult to demolish historic buildings in the Austrian capital. Is this the beginning of a new and hostile approach to owners of historic buildings? No! The Austrian Constitutional Court had already confirmed in 2017 that the rent based on the reference value (Richtwertmietzins) and the prohibition to request higher rent in certain areas of the city (Lagezuschlag) were in line with the constitution. In addition, the Supreme Court had redefined the rent control system in leading judgments in 2017. Despite massive impacts on owners of historic buildings, the federal legislator has not provided viable solutions.

 

 

DORDA advises on the acquisition of Austrian office properties Denk Drei

June 2018 - Real Estate & Property. Legal Developments by Dorda.

More articles by this firm.

Stefan Artner, Partner and Head of the Real Estate Practice Group, and real estate attorney Klaus Pfeiffer of DORDA advised Austrian Real Estate Development GmbH (ARE, a subsidiary of Bundesimmobilien-Gesellschaft, the Austrian privatization agency) on the acquisition of the Denk Drei office properties from IC Development. The successful closing of the forward purchase transaction took place on April 30, 2018. The parties have agreed not to disclose the purchase price.

Stop! Wait! Move! – No longer Stamp Duty for Residential Homes

October 2017 - Real Estate & Property. Legal Developments by Dorda.

More articles by this firm.

On 12 October 2017, right in a last minute attempt to win undecided voters for one of the political parties, the leaving members of parliament enacted a new tax law. While fundamental changes to the Austrian Tenancy Law had been vividly discussed between the socialist and the conservative parties in recent years, the new law on the abolition of stamp duty falls completely short of what could have been achieved.

Constitutional Court's Recent Judgments on Rent in Austria

August 2017 - Real Estate & Property. Legal Developments by Dorda.

More articles by this firm.

The Constitutional Court has recently provided two judgments on 28 June 2017 on the rent control legislation in Austria ruling that the current system for flats complies with Austrian Constitutional Law and the European Convention on Human Rights. The Constitutional Court visibly failed to take the opportunity to initiate a change to the current legislation. Further appeals to the Constitutional Court are likely and worthwhile with the Austrian parties currently involved in their campaigns for the general election in October 2017.

Buy-to-Let Schemes in Austria

July 2017 - Real Estate & Property. Legal Developments by Dorda.

More articles by this firm.

Buy-to-let schemes reached the Austrian market several years ago and have gained increased popularity in the scenic alpine regions of Tyrol, Vorarlberg or Salzburg. Investors acquire condominium ownership in newly constructed hotel facilities and rent out the properties to hotel operators at – ideally – attractive rates. While buy-to-let-schemes can be very lucrative investments, they also raise complex legal and tax questions. With the economic and financial crisis falling into oblivion, investors, however, have become more and more willing to sail these waters.

Liability for "LSD"

July 2017 - Real Estate & Property. Legal Developments by Dorda.

More articles by this firm.

On 1 January 2017 the Austrian Wage and Social Dumping Prevention Act (Lohn- und Sozialdumping-Bekämpfungsgesetz – abbreviated to "LSD-BG") came into effect. An enhanced liability regime for the principal shall reduce and ultimately eliminate the undercutting of wages, in particular in the construction sector. The last six months have shown increased awareness of potential liabilities by principals and workers.

Increased Liability for Real Estate Agents in Austria

June 2017 - Real Estate & Property. Legal Developments by Dorda.

More articles by this firm.

Pursuant to the Austrian Broker Act (Maklergesetz), a broker has to fairly and diligently protect their principal's interest. Until a very recent judgment of the Austrian Supreme Court (Oberster Gerichtshof), courts have taken a very lenient stance on the liability of real estate agents. The judgment of the Supreme Court of 24 Jan 2017, however, might permanently divert existing case law.

Hungary: VAT rates slashed for newly constructed residential buildings

January 2016 - Real Estate & Property. Legal Developments by Schönherr.

More articles by this firm.

On 15 December 2015, the Hungarian Parliament introduced a new act amending the VAT rates currently applied on newly constructed residential real estate. With the start of 2016, the standard VAT rate of 27% will be reduced to 5% for the sale of newly constructed residences. Market experts anticipate a boom on the residential real estate market as a direct consequence. read more...

Serbia: New Law on Conversion of Right over Construction Land into Ownership against Compensation

August 2015 - Real Estate & Property. Legal Developments by Schönherr.

More articles by this firm.

The long-expected Law on conversion of usage right into ownership against compensation ("Conversion Act") entered into force on 28 July 2015. Read more...

Serbia: Mortgage Act amendments adopted

August 2015 - Real Estate & Property. Legal Developments by Schönherr.

More articles by this firm.

The long-anticipated amendments to the Serbian Mortgage Act ("Mortgage Act"), published in the Official Gazette of RS no. 60/2015, entered into force on 16 July 2015. We would like to highlight the following changes: read more...

Austria: New Rules for Real Estate Transfer Tax on Share Deals

June 2015 - Real Estate & Property. Legal Developments by Schönherr.

More articles by this firm.

In mid-May 2015, the Austrian government published the text of the changes in the country's tax system that will enter into force on 1 January 2016. One aspect of these impending changes that has not yet been subject to wider discussion is a modification in the rules to the Real Estate Transfer Tax ("RETT") on Share Deals. read more... 

PL: Will EAA and Swiss Investors be able to Freely Acquire Agricultural and Forest Real Properties?

February 2015 - Real Estate & Property. Legal Developments by Schönherr.

More articles by this firm.

On 2 May 2016, restrictions on acquiring agricultural and forest real properties located in Poland by foreigners from the European Economic Area (EEA) and Switzerland will cease to be binding. Does this mean that trade in agricultural real properties will be entirely free and not subject to any restrictions as of that time? read more...

Serbia: Amendments and Supplements to Planning and Construction Act

February 2015 - Real Estate & Property. Legal Developments by Schönherr.

More articles by this firm.

In December 2014, two sets of amendments to the Planning and Construction Act were published in nos. 132/2014 and 145/2014 of the Official Gazette of the Republic of Serbia (collectively "New PCA"). read more...

Poland: New Consumer Rights Act and new rules of sales for everybody

February 2015 - Real Estate & Property. Legal Developments by Schönherr.

More articles by this firm.

On 25 December 2014, the Consumer Rights Act, which also amended the Civil Code and introduced several new regulations on sales contracts concerning goods and services, entered into force. The Act's regulations impose new obligations on entrepreneurs executing contracts with consumers, in particular entrepreneurs involved in distance sales or off-premises sales, but should these entrepreneurs be the only ones paying special attention to the amendments? read more...

Czech Republic: New EIA legislation may slow down the building-permit procedure

February 2015 - Real Estate & Property. Legal Developments by Schönherr.

More articles by this firm.

On 13 December 2011, the new European Directive No. 2011/92/EU on the assessment of the effects of certain public and projects on the environment (hereinafter as the “EIA Directive”), which codified the previous regulation, entered into force. Not for the first time, in April 2013 the European Commission initiated an infringement procedure against the Czech Republic due to the incorrect transposition of the aforementioned Directive that is carried out by Act No. 100/2001 Coll., on environmental impact assessment (hereinafter as the “EIA Act”). read more...

Serbia: Real Estate Brokerage Agencies Act

January 2014 - Real Estate & Property. Legal Developments by Schönherr.

More articles by this firm.

Serbia's Parliament has adopted a new Real Estate Brokerage Agencies Act (Zakon o posredovanju u prometu i zakupu nepokretnosti), which was published in the Official Gazette of the Republic of Serbia No. 095/2013 on 31 October 2013 and entered into force as of 8 November 2013 ("Act"). read more...

Serbia: Retrospective Building Approval Act

January 2014 - Real Estate & Property. Legal Developments by Schönherr.

More articles by this firm.

Serbia's Parliament has adopted a new Retrospective Building Approval Act (Zakon o legalizaciji objekata), published in the Official Gazette of the Republic of Serbia No. 095/2013 on 31 October 2013, which entered into force as of 1 November 2013 (hereinafter referred to as the "Act"). read more...

Czech Republic: Reservation fee as contractual penalty in connection with property acquisition

October 2013 - Real Estate & Property. Legal Developments by Schönherr.

More articles by this firm.

The Supreme Court of the Czech Republic has expressed its opinion on the practice of real estate agents with respect to so-called reservation contracts, under which prospective buyers are bound to pay a contractual penalty to the real estate agents corresponding to the reservation fee if a property purchase agreement is not finally entered into for reasons on the prospective buyer's side. The court's decision is crucial for those property developers who use an intermediary for the sale of their real estate projects, as well as for buyers and real estate agents. read more...

Real Estate 2013. Chapter 4: Austria

March 2013 - Real Estate & Property. Legal Developments by Schönherr.

More articles by this firm.

This guide provides the international practitioner and in-house counsel with a comprehensive worldwide legal analysis of the laws and regulations of real estate. This article appeared in the 2013 edition of The International Comparative Legal Guide to: Real Estate; published by Global Legal Group Ltd, London. www.iclg.co.uk.

Real Estate 2013. The End of Extend and Pretend: Non-Performing Loans in CEE/SEE

March 2013 - Real Estate & Property. Legal Developments by Schönherr.

More articles by this firm.

This guide provides the international practitioner and in-house counsel with a comprehensive worldwide legal analysis of the laws and regulations of real estate. This article appeared in the 2013 edition of The International Comparative Legal Guide to: Real Estate; published by Global Legal Group Ltd, London. www.iclg.co.uk

Mehr Compliance – auch in der Immobilienwirtschaft

Der aktive Umgang mit den Risiken im Bereich der Bau- und Immobilienwirtschaft ist entscheidend: Organisation und Dokumentation der kritischen Unternehmensprozesse einschließlich der erforderlichen Kontrollmaßnahmen können zwar zeit- und kostenintensiv sein, jedoch tragen Implementierung von Compliance- und Wertemanagement-Systemen nachhaltig zur guten und rechtssicheren Unternehmensführung bei.

Austria: Claim Management

March 2012 - Real Estate & Property. Legal Developments by Schönherr.

More articles by this firm.

Construction projects are expensive, and they usually end up being more expensive than agreed. The principal often tries to mitigate this risk by concluding a lump-sum contract.

Environment Romania

January 2012 - Real Estate & Property. Legal Developments by Schönherr.

More articles by this firm.

Romania

Bogdan Ionita and Nicolae Mihu SCA - Schoenherr si Asociatii

Main environmental regulations What are the main statutes and regulations relating to the environment?

Environment Bulgaria

January 2012 - Real Estate & Property. Legal Developments by Schönherr.

More articles by this firm.

Bulgaria

Vesela Mirkova and Elena Andonova-Rangelova - Schönherr

Main environmental regulations What are the main statutes and regulations relating to the environment? 

Environment Austria

January 2012 - Real Estate & Property. Legal Developments by Schönherr.

More articles by this firm.

Austria
Christian Schmelz and Bernd Rajal - Schönherr Rechtsanwälte GmbH

Main environmental regulations What are the main statutes and regulations relating to the environment? 

Neues aus dem Baurecht

September 2011 - Real Estate & Property. Legal Developments by Wolf Theiss.

More articles by this firm.

Der Oberste Gerichtshof beschäftigte sich neulich mit der Frage inwieweit technische ÖNORMEN bei der Frage heranzuziehen sind, ob das hergestellte Werk den "anerkannten Regeln der Technik" entspricht (OGH 22.6.2010, 10 Ob24/09s).

News from the Construction Law
The Supreme Court recently dealt with the question whether technical Ă–NORMEN are taken into consideration for the issue of whether the plant produced the
"accepted rules of technology" (equivalent to OGH 22.06.2010, 10 Ob24/09s).

Grunderwerbsteuer trotz RĂĽcktritts

September 2011 - Real Estate & Property. Legal Developments by Wolf Theiss.

More articles by this firm.

Grunderwerbsteuer wird auf Antrag nicht festgesetzt, wenn der Erwerbsvorgang innerhalb von drei Jahren seit der Entstehung der Steuerschuld durch Vereinbarung, durch Ausübung eines vorbehaltenen Rücktrittsrechts oder eines Wiederverkaufsrechtes rückgängig gemacht wird.

Real estate transfer tax, despite withdrawal
Real estate transfer tax is not imposed at the request, if the acquisition process is made ​​within three years since the formation of reverse tax liability by agreement, by exercising a reserved right to withdraw or re-sale rights.

11Hungary is implementing REIT concept by new legislation

September 2011 - Real Estate & Property. Legal Developments by Schönherr.

More articles by this firm.

Based on the Hungarian government's proposal, effective as of 27 July 2011, the Parliament passed a new legislation introducing the concept of REIT (Real Estate In-vestment Trust) in Hungary.

Enforcement and Collaterals Act

July 2011 - Real Estate & Property. Legal Developments by Schönherr.

More articles by this firm.

The Enforcement and Collaterals Act ("Enforcement Act") was adopted on 17 May 2011, and shall be applicable as of 17 September 2011, save for the provisions relating to the private enforcers which shall become applicable as of 17 May 2012. The aim of the Enforcement Act is to enhance efficiency of enforcement proceedings, which were often drawn out, complicated and ineffective.

Termination or Withdrawal from a Tenancy Agreement for Business Premises under Slovenian Law

June 2011 - Real Estate & Property. Legal Developments by Wolf Theiss.

More articles by this firm.

According to the BBBP Act, (Official Gazzete of the socialistc RS Nr. 18/1974, 34/1988, 5/1990, Official Gazzete of the RS-old Nr. 10/1991, Official Gazzete of the RS/I 17/1991-ZUDE, Official Gazzete of the RS Nr. 13/1993, 66/1993, 32/2000, 102/2002)),  a tenancy agreement can be ceased with the common consent of the parties at any time.

Romania: Bringing Land to Book

May 2011 - Real Estate & Property. Legal Developments by Schönherr.

More articles by this firm.

Eva HegedĂĽs-Brown

In last year’s Roadmap we reported on those changes to the new Romanian Civil Code that will impact on ownership and other rights in real estate.

Austria: Chances and changes after sub-prime crisis

September 2008 - Real Estate & Property. Legal Developments by Dorda.

More articles by this firm.

Facing the situation on the international financial markets, the Austrian real estate market has stood up well against the sub-prime crisis and remains a stable investment haven.

Stefan Artner MRICS, head of the real estate desk at DORDA BRUGGER JORDIS, reports on current developments on the Austrian and CEE real estate market.

Interview with...

Law firm partners and practice heads explain how their firms are adapting to clients' changing needs

International Law Firm Networks

International comparative guides

Giving the in-house community greater insight to the law and regulations in different jurisdictions.

Select Practice Area

GC Powerlist -
Europe

International Law Firm Networks