Since the Home Ownership Act of 2002, the car parking space has been considered a property suitable for home ownership; accordingly, it is no longer possible to justify ownership of an accessory apartment.
According to Section 5 (2) WEG, there are requirements for the acquisition of residential property in a car parking space within a certain period of time for certain people. For example, within a period of 3 years from the establishment of residential ownership of the property, a parking space can only be purchased by persons or an owner partnership who own residential property in a required object (apartment or independent business premises of the property).
The purpose of this provision is to give priority to persons who “live” or work on the property when purchasing a car parking space.
According to case law, these restrictions apply both to the initial establishment of home ownership and to subsequent acquisitions within this period of 3 years.
As soon as the 3-year period has expired, anyone can in principle purchase a car parking space at the property.
In practice, attempts are made again and again to circumvent this restriction. For example, purchase contracts for car parking spaces were concluded with people who do not own the property, which were only to be booked after the blocking period had expired. In this regard, the Supreme Court made it unmistakably clear in its decision of November 2, 2022 on 5 Ob 124/22d that the waiting period applies to both the title and the mode.
Thus, a purchase contract concluded within the 3-year blocking period, which should only be booked after the period has expired, is void according to § 879 ABGB .
Furthermore, the granting of pre-emption rights or the conclusion of a genuine hire-purchase is not permitted.
For further information, please contact:
Petra Walkner, Lawyer
Zumtobel & Kronberger, Salburg
t: +43 662 624500
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