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Buyer's due diligence checklist for Austria

Buyer's due diligence checklist · Prüfliste vor dem Kaufanbot

The documents and checks a buyer of an Austrian home should get before signing a Kaufanbot: the land register extract, the energy certificate, permits and zoning, the condominium documents of a flat, leases, the seller's capacity, the land transfer permit and the purchase costs.

Use it from the first viewing until you sign the Kaufanbot. In Austria the offer binds you as soon as the seller accepts it, so do most checks before you sign it, not before the Kaufvertrag. Ask the seller or the agent for each missing document, and ask the contract drafter to check the land register again just before the signing.

Reviewed October 28, 2026. Not legal advice. Have a notary or lawyer check your case before you sign.

Key facts

Applies to
Whole country. Zoning, building law and land transfer rules are set by each federal state (Bundesland) and municipality.
Energy certificate
Shown before your offer, at most 10 years old, handed over within 14 days after the contract (EAVG 2012 § 4).
Energy figures in listings
Heating demand, final energy demand and efficiency class, for listings published since 1 July 2026 (EAVG 2012 § 3).
Real estate transfer tax
3.5% of the price, at least of the property value.
Land register fees
1.1% of the value for ownership, 1.2% of the secured amount for a mortgage. The main-home exemption ended for applications from 1 July 2026.
Condominium reserve fund
All owners together pay at least €1.12 per m² of usable floor area a month from 1 January 2026, with some exceptions (WEG 2002 § 31(1)).
Foreign buyers
EU and EEA citizens are treated like Austrians. Others usually need a permit or a confirmation under the law of the federal state.
Consumer withdrawal
1 week if you sign on the day of the first viewing for an urgent housing need, at most 1 month after that viewing (KSchG § 30a).

The checklist

Land register

  • A current land register extract of the property.Grundbuchsauszug

    It shows the plot (A sheet), the owners (B sheet) and the charges (C sheet). Check that the seller is the registered owner.

  • Every entry in the C sheet: mortgages, easements, rights of residence, pre-emption rights, bans on sale or charge.Lastenblatt (C-Blatt)

    Charges that rank before your registration stay on the property. Agree which ones the seller removes and which you accept.

  • Any pending application shown at the top left of the extract.Plombe

    Rank depends on when an application reaches the court. A pending application can rank ahead of your later entry.

  • For a flat: the condominium agreement and the floor-share valuation from the deed collection.Wohnungseigentumsvertrag, Nutzwertgutachten (Urkundensammlung)

    They define which rooms, cellar and parking spaces belong to the unit and how costs are shared.

Building, permits and energy

  • The energy certificate, with its date, heating demand and efficiency class.Energieausweis

    The seller must show it before you sign. Its figures become agreed qualities of the building.

  • Building permit and completion notice for the building and for any later extension, attic conversion or change of use.Baubewilligung, Fertigstellungsanzeige

    Works without a permit can lead to an order to remove them and can block financing or resale. Ask the municipal building authority.

  • Zoning of the plot and any development plan.Flächenwidmungsplan, Bebauungsplan

    Zoning decides what you may build and whether the home may be used as a main home or a holiday home.

  • Condition of the heating system, roof, windows and pipes, ideally checked by an expert.Bauzustand

    Sellers' contracts often exclude warranty, so defects you did not find become your cost.

Condominium flat

  • The last annual statement and the current budget from the property manager.Jahresabrechnung, Vorausschau

    They show the running costs and the planned works for the next year.

  • The reserve fund balance and the monthly contribution of the unit.Rücklage

    The law sets a minimum contribution, raised on 1 January 2026. A low reserve with planned works means special levies.

  • Minutes and resolutions of the owners' meetings of recent years.Protokolle der Eigentümerversammlung, Beschlüsse

    They show voted works, disputes and arrears in the building.

  • Confirmation that the seller owes no arrears to the owners' community.Bestätigung über Rückstände

    Ask the trustee to settle any arrears from the price before paying the seller.

Seller, occupation and permits

  • The seller's identity and capacity, and every registered co-owner's agreement to sell.Identität und Verfügungsbefugnis

    Every co-owner must sign. An estate, a person under adult protection or a company may need a court approval or a resolution.

  • Any lease, right of residence or other occupation of the property.Mietverträge, Wohnungsrechte

    Under the MRG the landlord can end a lease only for a reason the law lists, so the lease usually stays in force after the sale.

  • If you are not an EU or EEA citizen: the land transfer permit procedure of the federal state.Ausländergrunderwerb, grundverkehrsbehördliche Genehmigung

    Most need a permit or a confirmation. The land register will not enter you without a required permit. Put a permit condition in your offer.

Costs

  • Real estate transfer tax of 3.5%.Grunderwerbsteuer

    It is due on every purchase. The contract drafter usually self-assesses and pays it from funds you provide.

  • Land register fee of 1.1% for ownership and 1.2% for a mortgage.Eintragungsgebühr

    The 2024 exemption for a main home covered only applications that reached the court before 1 July 2026.

  • Fees of the contract drafter and trustee.Vertragserrichtung, Treuhand, Maklerprovision

    Ask for a written quote before the offer. The drafter's fee is agreed, often about 1 to 3% of the price.

  • Any agent's commission.

    It is agreed. For a price above €48,448.52 the law caps it at 3% of the price for each side, plus 20% VAT.

Formalities

  1. You do not sign this checklist.
  2. Anyone can order a land register extract online or at a district court, for a fee.
  3. For a flat, the property manager (Hausverwaltung) holds the accounts, the budget and the minutes. The seller can ask for copies.
  4. Keep copies of every document you relied on.

Common mistakes

  • Relying on an old land register extract. Order a fresh one and look for a "Plombe" at the top left. It marks a pending application that may rank ahead of you.
  • Reading only the B sheet. Mortgages, easements, pre-emption rights and bans on sale or charge are in the C sheet.
  • Assuming a converted attic, a winter garden or an extension is legal. Ask for the building permit and the completion notice from the municipality.
  • Skipping the condominium minutes and the reserve fund statement. Works already voted and a low reserve can mean extra payments soon after you buy.
  • Buying a home you will not live in as your main home without asking the municipality whether the zoning allows a second or holiday home.
  • Ignoring a tenant in place. Under the MRG the landlord can end a lease only through the court for a listed reason, so the lease usually survives the sale.
  • Forgetting the lease rules outside the MRG. There a buyer can end a lease not entered in the land register with the legal notice period (ABGB § 1120).

Legal basis

  • Allgemeines Grundbuchsgesetz 1955 (GBG), BGBl. Nr. 39/1955
  • Energieausweis-Vorlage-Gesetz 2012 (EAVG 2012), BGBl. I Nr. 27/2012 as amended by BGBl. I Nr. 38/2026, §§ 3 to 7
  • Konsumentenschutzgesetz (KSchG), § 30a
  • Wohnungseigentumsgesetz 2002 (WEG 2002), § 31(1) (minimum reserve, indexed every second year)
  • ABGB § 1120 (sale of a let property: a lease not entered in the land register can be ended by the buyer)

Sources

  • Kaufvertrag und Grundbuch
  • Allgemeines zum Ausländergrunderwerb
  • Grunderwerbsteuer: Steuersatz
  • Befreiung von der Grundbuch-Eintragungsgebühr bei Erwerb von Wohnraum
  • Nebenkosten beim Wohnungs- und Grundstückskauf
  • Kaufvertrag für Immobilien: Inhalt, Ablauf & Kosten 2026
  • Mindestrücklage Wohnungseigentumsgesetz ab 1.1.2026

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