Consultation concerning the purchase, sale and leasing of property


Germany

The Viehbacher law firm will advise and represent you in the purchase, sale and rental of property. Transactions such as these require specific advice and the drafting of lease contracts. From our many years of experience we know all about the pitfalls of property and tenancy law, how to optimally protect our clients’ best interests, and how to ensure personal profit from the property in the long term.

  1. Buying and selling of property
  2. Residential Property Law
  3. You’re never alone – neighbour law
  4. Private and commercial tenancy law
  5. The lease contract – drafting and continuous change
  6. Management and accounting of lease contracts
  7. Property and tax law
  8. When it all goes wrong – representation in unravelling leases and contracts

1. Buying and selling of property

The purchase of a property by individuals is regularly undertaken as a so-called asset deal. It is carried out in line with the general standards of purchases pursuant to §§ 433 of the German Civil Code (BGB), with the particularity that purchasing a property is to be notarised (§ 311b BGB). Our lawyers draft contracts for our clients, whether they are the purchaser or seller, and pay particular attention to the amount of the purchase price and any liability for defects before the transaction is completed before the notary.

2. Residential Property Law

At first glance, the purchase of a flat may appear to be less of a risk than buying a house. What may come down to issues of problematic neighbours or legacy burdens when purchasing a house can manifest as issues of co-ownership and declarations of division with the purchase or sale of a flat. The purchase of residential property should always be preceded or accompanied by a comprehensive examination of the contractual relationships and sound property purchase advice. The key terms to note are: co-ownership or individual ownership, voting ratios or approval requirements in the event of a sale or in redevelopment projects. In addition, when it comes to the joint construction of apartments by a community of owners, where a plot of land has been purchased and flats built, the relevant contracts should be reviewed in detail from a legal perspective. Please direct any questions to us – our lawyers specialising in property law can advise you on all these issues, so you don’t have to worry about your property, but simply enjoy it instead.

3. You’re never alone – neighbour law

Even if you appear to be live in a reasonably isolated area in the countryside, you will have neighbours whose property borders your own. When it comes to these neighbours, any mutual restriction should be kept to a minimum. In order to avoid any unpleasant surprises, you should always obtain property purchase advice to check for any problem areas before you make a purchase. The regulations pertaining to the legislation on neighbourhoods are significant enough to hinder a property transaction. Ideally, a site visit should be undertaken before purchase so that any possible areas of conflict can be noted. One such example might be trees that overshadow adjacent land: the neighbour does not have to cut down the trees creating the shade. The Federal Court of Justice has ruled in established case-law that neighbours are not required to cut down trees simply because they create shadows over a garden (judgement of 10.07.2015, case ref. V ZR 229/14).

Specific, non-exhaustive regulations on neighbour law are standardised in §§ 906 et seq. of the German Civil Code (BGB). In addition, there are specific paragraphs regarding spacing in terms of the building regulations of the Federal and State Governments. Our lawyers know the relevant laws and the case-law regarding neighbour law.

4. Private and commercial tenancy law

It is necessary to differentiate property law from tenancy law, the latter of which regulates the relationship between the lessee and the lessor. Furthermore, within the field of tenancy law, it is necessary to differentiate between private and commercial tenancy law. Private tenancy law has special provisions set out in §§ 549 et. seq. BGB, while the basic requirements for the leases can be found in § 535 BGB. When drawing up commercial tenancy agreements, there is little to restrict the parties as the special regulations pertaining to housing are not applicable. However, in many cases it is necessary to take specialist advice, simply in terms of the long-term nature of these leases, rents and succession planning.

5. The lease contract – drafting and continuous change

The case law concerning private lease agreements is subject to constant change. Whether relating to provisions regarding cosmetic repairs, the 10 percent clause for the calculation of living space, or the right of retention in the event of defects in the leased property, courts across Germany deal with contentious proceedings between contractual parties on a daily basis. Our lawyers know the law and are always up-to-date with current case law. This means that our experts are able to draw up your lease contracts taking into account the relevant current legal situation, as well as reviewing them and amending them where necessary. You can find more information about this in the section on tenancy law.

6. Management and accounting of lease contracts

As a private house and apartment owner who leases residential and commercial premises, you will have many obligations. You must conclude legally conformant leases, regularly collect rentals as well as account for operating and other costs and, in the event of a new rental, the leased property must be in a leasable state. With all of these points, there can be problems with tenants, and you will ultimately be compelled to enforce your claims in court as the lessor. As a law firm who is experienced in residential property and tenancy law, we will support you with all of the administration and accounting in connection with your lease.

7. Property and tax law

The acquisition of property gives rise to tax obligations, such as income from renting and leasing. The Viehbacher law firm has excellent lawyers who will also bear in mind the fiscal implications of commercial tenancy law and any property transactions. That is what we mean by reliable legal advice.

8. When it all goes wrong – representation in unravelling leases and contracts

Perhaps you have already purchased or sold a property and now find yourself in a dispute with your neighbours or tenants? Our lawyers can advise you and represent you in disputes and, if necessary, will also represent you in court.

Contact

As experts in the provision of property purchase advice, property sale advice, and consultation on the leasing of property, we are ready to work with you. Get in touch!


Austria

Many people buy property for their own use or as a financial investment. Whether you are looking for property purchase advice, property sale advice, or if you need to rent property, we will support you with property development and provide a comprehensive service to assist the purchase, sale and lease of property in Austria. This means that we will be by your side throughout, from the transaction, to drawing up the lease contracts. We know all about the pitfalls of property and tenancy law, how to optimally protect our clients’ best interests, and how to ensure maximum profit from the property in the long term.

  1. Buying and selling of property
  2. Residential Property Law
  3. You’re never alone – neighbour law
  4. Private and commercial tenancy law
  5. The lease contract – drafting and continuous change
  6. Management and accounting of lease contracts
  7. Property and tax law
  8. When it all goes wrong – representation in unravelling leases and contracts

1. Buying and selling of property

The buying and selling of property in Austria takes place by means of a contract of sale. No specific form is required but it must be registered with the land registry office as a written agreement with a certified signature by a notary or the court. When drawing up a property purchase contract, there are a number of details to be aware of; errors can cause considerable economic losses. Our lawyers can provide you with careful and comprehensive advice, including property sale advice, as well as advice for purchasing, to ensure the completeness and accuracy of all information in the contract (such as the amount of the price or the liability regime). Registration with the land registry is also required for acquisition of ownership; according to the principle of trust, only that which is registered is valid.

2. Residential Property Law

When entering into property ownership, ideal co-ownership arises from a property that grants the co-owner the right to use an independent apartment or other independent premises exclusively and to dispose of them. Should a condominium project still be in the planning or construction phase, the property purchase right can be secured before the completion by preliminary sales contracts, in particular if payments have already been made to the organiser of the condominium. In addition, provision can be made that the purchaser may withhold the final instalment or part thereof as security for the protection of the warranty claims. Mandatory safeguards are regulated in the Buildings Contracts Act. In any case, we will secure the purchase through the use of complete contracts and by providing competent property purchase advice – we can gladly advise you on all issues.

3. You’re never alone – neighbour law

Whether it’s a house or apartment, you’ll never quite live on your own. At times you’re bound to come into conflict with your neighbours, but that’s why it’s important to keep those instances to a minimum. In advance of the purchase it is therefore advisable to examine and contain any possible problem areas. It could be a matter of defending against illegal emissions (§ 364 ABGB) or perhaps property boundary rectifications (§ 850 ABGB) in relation to the so-called right of overhang, which grants the removal or use of roots or branches encroaching over the property boundary (§ 422 ABGB), or even a matter of subjective public neighbourhood law, for example constructional aspects. Whatever is at issue, we can provide competent and comprehensive property purchase advice in answer to all your questions, so that we can find you the best solution!

4. Private and commercial tenancy law

The tenancy law can also be relevant to a buyer of a property, depending on what they plan to do with it. Tenancy law in Austria is governed by the General Civil Code (ABGB) and the Landlord and Tenant Act (MRG), although the scope of the MRG can vary depending on the type and use of the property in question. In principle, the rules of the MRG apply to commercial and residential leases; however, in many cases it is necessary to take specialist advice with regard to the long-term nature of these leases, rents and an increase in succession planning.

5. The lease contract – drafting and continuous change

Where tenancy law is not specific enough, judicial interpretation is often necessary. Some procedures provided for in the MRG are also conducted under a non-contentious procedure. In particular when it comes to issues of responsibility for conservation measures, or questions of liability, it is common for the parties to frequently disagree with each other. The drafting of rental contracts should therefore always be geared to current case law and should leave as little room as possible for ambiguity or the potential for disputes. Our experts know the applicable case law and can provide appropriate contracts and review existing ones, amending them if necessary. You can find more information about this in the section on tenancy law.

6. Management and accounting of lease contracts

Landlords of residential or commercial property have numerous obligations, starting with legally compliant leases regarding the maintenance of the leased property (insofar as this not the responsibility of the tenant) through to the correct and regular billing of operating and ancillary costs. All these points carry a high potential for conflict, so it’s possible that a landlord may be forced to turn to the court to enforce his claims. Our experts in tenancy law are very experienced in this area and will support you with all of the administration and accounting in connection with your lease.

7. Property and tax law

The acquisition of property is subject to taxation in Austria. Tax on the purchase of property is due at the time of the purchase, as well as being applicable to any transfer by gift or inheritance, with the amount being calculated in accordance with § 4 para 1 GrEStG. In addition, property taxes and, where appropriate, a tax on the profits of real estate are regulated in the Austrian Income Tax Act. Viehbacher law firm has many years of experience in this area and can offer excellent lawyers and tax advisors who will find the ideal solution for our clients for each transaction.

8. When it all goes wrong – representation in unravelling leases and contracts

It is difficult to predict every eventuality. If you encounter unforeseen difficulties and therefore want to rescind a previously completed and fulfilled contract, we will gladly advise and represent you, and if necessary, in court. Do you have any further questions? Our Austrian consultants are looking forward to hearing from you!


Liechtenstein

Purchasing a property is usually the largest and most expensive purchase a person will make. For companies, the purchase of real estate is everything but business as usual. Due to the inherent importance of an acquisition of a property, transactions require careful and accurate property purchase advice and contract drafting. notwithstanding any statutory clause and/or contractual agreement to the contrary – may confront you with unjustified claims. If this should be the case, we will support you in the defence of legal claims.

Even if the lease or rental of a property is not of the same significance as the purchasing or selling, it is important to have extensive and careful consultation in order to avoid disputes. Detailed lease contracts can also help avoid disputes.

From our many years of experience here at the Viehbacher law firm, we know all the typical problem areas in property and tenancy law. Drawing on our expertise, we can represent the interests of our clients and therefore protect their rights to the fullest extent possible.

  1. Purchase and sale of property
  2. Residential & condominium property law
  3. Tenancy law
  4. Tenancy law - secondary obligations
  5. Neighbour law
  6. The land registry office
  7. Property and tax law
  8. Representation in the event of a reversed transaction

1. Purchase and sale of property

The acquisition of a property is generally undertaken as a so-called asset deal. This varies according to the general contractual rules of purchase as set out in §§ 1053 et. seq. of the General Civil Code (ABGB), which is supplemented by the special legal provisions of Article 37 et. seq. property law. In accordance with this, property contracts should be concluded in writing. Similarly, the property must also be registered with the land registry.

Our lawyers can draw up the necessary contracts for you, regardless of whether you are a buyer or seller. In addition to the general elements of the contract, we pay special attention to your liability in the event of defects.

2. Residential & condominium property law

Whether the purchase or sale concerns a house, apartment or condominium, the risks remain identical. While contaminated sites can prove problematic when purchasing a house, with condominium ownership, the co-owner or declarations of division may cause disputes. As with the purchase and sale of houses, the purchase or sale of residential property should be preceded by a comprehensive examination of the contractual relationships.

By taking legal advice when purchasing or selling real estate, regardless of whether this is a house, flat or condominium, all of your questions will be resolved. Thanks to our experience in drawing up the necessary contracts, we can ensure that your property won't cause you any problems from a legal perspective.

3. Tenancy law

A distinction must be made between tenancy law and substantive property law. While the latter governs the acquisition and sale of the ownership of a property, usage of the property is covered in tenancy law. Regulations regarding tenancy law can be found in §§ 1090 et. seq. ABGB (Civil Code). Although there are comprehensive statutory regulations relating to this, it is important to set out a separate contractual basis with regard to the duration of the rental period, rental amounts, and secondary obligations. We will provide you with comprehensive support and advice on this matter. In addition to the general regulations, our lawyers can also take care of other problematic areas – cosmetic repairs, accounting for operating and ancillary costs, the duration and termination of the rental agreement – in a comprehensive and appropriate manner, ensuring that they take into account the current legislation and case law. We will gladly assist you with all aspects of your lease contracts.

4. Tenancy law - secondary obligations

The main duty of the landlord is in the transfer of use of the property. In addition, there are also various obligations imposed on the landlord. It is necessary for the landlord to supervise in their own interest the punctual payment of rent, to account for operating costs and ancillary costs, and to deal with any damage to the property. Issues may arise with any one of these points. It might be the case that you have to enforce your rights and claims in court as a tenant or landlord.

Our lawyers are experienced in residency and tenancy law. We can take the pressure off the landlord by assuming all the management responsibilities for the entire house or rental property, including the preparation of any required settlements of accounts. We can also support landlords in assessing ancillary and operating cost statements.

5. Neighbour law

Everybody has a neighbour. Whether we're talking about an large property or an apartment block, with regard to your own property or right of use you will find the corresponding rights of another person adjoining it. Mutual restrictions should be as low as possible to ensure a pleasant atmosphere in the neighbourhood. Here, too, there is also a need for careful thought.

So that you are protected against any unpleasant surprises, ask our experts for advice before purchasing or renting a property. We have knowledge of all provisions relating to legislation on neighbourhoods as well as the relevant case law. Please contact us.

6. The land registry office

In the Principality of Liechtenstein, the acquisition of ownership and long-term usage rights, including rental and tenancy legislation, are governed by the law on the acquisition and sale of land (GVG). The GVG thereby prescribes a licensing obligation through the land registry office. We will support you with all the necessary formalities and procedures to be undertaken with the land registry office.

7. Property and tax law

The purchase of property, as well as its sale, has tax consequences. In addition, the leasing or rental of a property can give rise to tax obligations and rights. Our tax consultant lawyers at the Viehbacher law firm are leading experts in their field who will take into account both the fiscal and legal aspects of a property transaction. It is precisely this dual qualification that is proof of what we mean by comprehensive and reliable legal advice.

8. Representation in the event of a reversed transaction

Within the context of a purchase or sale of property, disputes can arise with your contractual partner. The same applies to tenancy relations. Our lawyers can advise you. We will represent your claims, rights and wishes and will represent you in court if necessary.

Do you need property purchase advice or property sale advice? Do you have concerns about a lease or tenancy? Our Liechtenstein experts can help you. Get in contact with our law firm in Triesen!


Switzerland

The Viehbacher law firm will advise and represent you in the purchase, sale and rental of property. Transaction such as these require specific property purchase advice, property sale advice, and expert drafting of lease contracts. From our many years of experience, we know all about the pitfalls of property and tenancy law, how to optimally protect our clients’ best interests, and how to ensure personal profit from the property in the long term.

  1. Buying and selling of property
  2. Residential Property Law
  3. You’re never alone – neighbour law
  4. Private and commercial tenancy law
  5. The lease contract – drafting and continuous change
  6. Management and accounting of lease contracts
  7. Property and tax law
  8. When it all goes wrong – representation in unravelling leases and contracts

1. Buying and selling of property

The purchase of a property by individuals is regularly undertaken as a so-called asset deal. It is carried out in line with the general standards of purchasing a property pursuant to Articles 216 et seq. of the Swiss Code of Obligations (OR) with the specification that purchasing a property is to be notarised. Our lawyers draft contracts for our clients, whether they are the purchaser or seller, and pay particular attention to the amount of the purchase price and any liability for defects before the transaction is completed before the notary.

2. Residential Property Law

At first glance, the purchase of a flat may appear to be less of a risk than buying a house. What may come down to issues of problematic neighbours or legacy burdens when purchasing a house can manifest as issues of co-ownership and declarations of division with the purchase or sale of a flat. The purchase of residential property should always be preceded or accompanied by a comprehensive examination of the contractual relationships and expert property purchase advice. The key terms to note are: co-ownership or condominium ownership, voting ratios or approval requirements in the event of a sale or in redevelopment projects. In addition, when it comes to the joint construction of apartments by a community of owners, where a plot of land has been purchased and flats built, the relevant contracts should be reviewed in detail from a legal point of view. Please direct any questions to us – our lawyers specialising in property law can advise you on all these issues, so you don’t have to worry about your property, but simply enjoy it instead.

3. You’re never alone – neighbour law

Even if you appear to be live in a reasonably isolated area in the countryside, you will have neighbours whose property borders your own. When it comes to these neighbours, any mutual restriction should be kept to a minimum. In order to avoid any unpleasant surprises, you should always obtain property purchase advice to check for any problem areas before you make a purchase. The regulations pertaining to neighbour law differ according to each canton and are significant enough to hinder a property transaction. Ideally, a site visit should be undertaken before purchase so that any possible areas of conflict can be noted. One such example might be trees that disturb adjacent land. Whether the neighbour is required to cut down the trees in question is dependent on various issues. Numerous cantonal courts have dealt with issues of neighbour law.

Specific, non-exhaustive regulations on neighbour law are standardised in Articles 679 and 684 et seq. of the Swiss Civil Code (ZGB). There are also specific standards regarding spacing in terms of the building regulations of the federal government and the cantons. Our lawyers know the relevant laws and the case-law regarding neighbour law.

4. Private and commercial tenancy law

It is necessary to differentiate property law from tenancy law, the latter of which regulates the relationship between the lessee and the lessor. Furthermore, within the field of tenancy law, it is necessary to differentiate between private and commercial tenancy law. Private tenancy law has special provisions set out in Article 253 et seq OR. When drawing up commercial tenancy agreements, there is little to restrict the parties as the special regulations pertaining to housing are not applicable. However, in many cases it is necessary to take specialist advice, simply in terms of the long-term nature of these leases, rents and succession planning.

5. The lease contract – drafting and continuous change

The case law concerning private lease agreements is subject to constant change. Whether relating to provisions regarding cosmetic repairs, the calculation of living space, or the right of retention in the event of defects in the leased property, courts across Switzerland deal with contentious proceedings between contractual parties on a daily basis. Our lawyers know the law and are always up-to-date with current case law. This means that our experts are able to draw up your lease contracts taking into account the relevant current legal situation, as well as reviewing them and amending them where necessary. You can read more about drawing up contracts here.

6. Management and accounting of lease contracts

As a private house and apartment owner who leases residential and commercial premises, you will have many obligations. You must conclude legally conformant leases, regularly collect rental costs as well as account for operating and other costs and, in the event of a new rental, the leased property must be in a leasable state. With all of these points, there can be problems with tenants, and you will ultimately be compelled, as the lessor, to enforce your claims in court or before the competent conciliation authority. As a law firm who is experienced in residential property and tenancy law, we will support you with all of the administration and accounting in connection with your lease.

7. Property and tax law

The acquisition of property gives rise to tax obligations, such as income from renting and leasing. The Viehbacher law firm has excellent lawyers who will also bear in mind the fiscal implications of commercial tenancy law and any property transactions. That is what we mean by reliable legal advice.

8. When it all goes wrong – representation in unravelling leases and contracts

Perhaps you have already purchased or sold a property and now find yourself in a dispute with your neighbours or tenants? Our lawyers can advise you and represent you in disputes and, if necessary, will also represent you in court.

Contact

As experts in consultation on the purchase, sale and lease of property, we are ready to work with you in Switzerland. Get in touch!


Italy

Our information in the English language concerning consultation with regard to the purchase, sale and leasing of real estate property in Italy is currently still being developed. We kindly ask for your understanding. Therefore, please do not hesitate to contact us directly with your queries and concerns. For over ten years now, we have been advising our clients in five different countries on tax planning with regard to the purchase, sale and leasing of real estate prperty. With us you are always competently advised and well represented. We look forward to receiving your message or call!

Your contact persons

Uwe Bruckner, Dipl.-Kfm., Steuerberater, Fachberater für Internationales Steuerrecht

» Uwe Bruckner

Dipl.-Kfm., Tax Consultant, Specialist Advisor for International Tax Law

email: u.bruckner@viehbacher.com

Siegrid Rosenauer, Dipl.-Kffr., Steuerberaterin Österreich, Steuerberaterin Deutschland, Fachberaterin für Internationales Steuerrecht, Wirtschaftstreuhänderin

» Siegrid Rosenauer

Dipl.-Kffr., German and Austrian Tax Consultant, Specialist Advisor for International Tax Law Commercial Trustee

email: s.rosenauer@viehbacher.com

Irina Schulz, Rechtsanwältin

» Irina Schulz

Lawyer

email: i.schulz@viehbacher.com

Your contact persons

Mag. Florian Proxauf, Rechtsanwalt

» Mag. Florian Proxauf

Lawyer

email: f.proxauf@viehbacher.com

Siegrid Rosenauer, Dipl.-Kffr., Steuerberaterin Österreich, Steuerberaterin Deutschland, Fachberaterin für Internationales Steuerrecht, Wirtschaftstreuhänderin

» Siegrid Rosenauer

Dipl.-Kffr., German and Austrian Tax Consultant, Specialist Advisor for International Tax Law Commercial Trustee

email: s.rosenauer@viehbacher.com

Dr. Lothar Stix, LL.M., LL.M., Rechtsanwalt

» Dr. Lothar Stix

LL.M., LL.M., Lawyer

email: wien@viehbacher.com

 

Your contact person

Lic. iur. Daniel R. Tschikof, LL.M., Rechtsanwalt

» Lic. iur. Daniel R. Tschikof

LL.M., Lawyer

email: d.tschikof@viehbacher.com

 

Your contact persons

Peter Fröhlich, Rechtsanwalt und Dipl. Steuerexperte

» Peter Fröhlich

Lawyer and Certified Tax Expert

email: p.froehlich@viehbacher.com

Susanne Hirschberg, LL.M., Rechtsanwältin

» Susanne Hirschberg

LL.M., Lawyer

email: s.hirschberg@viehbacher.com

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