On 20.3.2024, the National Council adopted parts of the housing and construction package, according to which the Court Fees Act will be amended.
In the event of an urgent need for housing, as well as under certain other conditions, purchasers can take advantage of the temporary exemption from the land register registration fee for homes up to an assessment basis of € 500,000.00, as well as from the lien registration fees of the same amount.
The purpose of the amendment is to make the creation of housing more affordable.
The conditions for claiming the exemption are:
- Existence of a legal transaction for consideration concluded after 31.3.2024,
- Receipt of the application for registration of the respective right at the Land Registry Court after 30.6.2024 and before 1.7.2026 (limitation of the fee exemption to two years),
- The building or structure must serve to satisfy an urgent housing need, and
- The fee exemption is claimed in the submission with reference to § 25a GGG.
If the assessment basis exceeds € 500,000.00, registration fees must be paid to the extent exceeding this. From an assessment basis of 2 million euros, there is no longer any exemption from fees and the legal transaction is fully subject to the obligation to pay fees.
The existence of the urgent need for housing must be proven to the land registry court both by submitting a confirmation of the main residence on the subject matter of the contract and by proving that the previous residential rights have been relinquished.
If the right of ownership is relinquished within five years or the urgent need for housing no longer exists, the exemption from fees will subsequently cease to apply. Here, too, there is an obligation to notify the court.
Inherited or gifted real estate is not covered by the exemption.
At the time of going to press, the amended law had not yet been promulgated – however, the Federal Council did not raise an objection to the National Council’s decision on 5 April 2024.
For further information, please contact:
Petra Walkner, Lawyer
Zumtobel & Kronberger, Salburg
e: ta.walue@renklaw
t: +43 662 624500
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