How do I read an Austrian land register extract, and what should I check before buying?
Author: Mag. Nevena Shotekova-Zöchling, Attorney and insolvency administrator in Vienna · An Austrian land register extract (Grundbuchauszug) shows in three parts what you are buying (A sheet, A-Blatt), who owns it (B sheet, B-Blatt) and what encumbrances rest on it (C sheet, C-Blatt). Before buying, you should above all check the C sheet: liens (Pfandrechte), rights of residence (Wohnrechte), usufruct rights (Fruchtgenussrechte), pre-emption rights (Vorkaufsrechte) and prohibitions on encumbrance and sale (Belastungs- und Veräußerungsverbote) generally remain in place after the change of ownership unless they are cancelled under the contract.
Key facts
- An Austrian land register extract (Grundbuchauszug) has three parts: the A sheet (what the property is), the B sheet (who owns it) and the C sheet (encumbrances).
- Liens, rights of residence, usufruct, pre-emption rights and prohibitions on encumbrance and sale generally remain in place after a change of ownership unless they are contractually cancelled.
- A prohibition on encumbrance and sale is effective against third parties only between close relatives such as parents and children (§ 364c ABGB).
- The notation of priority for an intended sale (§§ 53 ff GBG) secures the buyer's rank for one year.
- Tenancy agreements, operating cost arrears, owners' resolutions and zoning are generally not shown in the land register.
Structure: A, B and C sheets
| Part | Content | What to look out for |
|---|---|---|
| Heading (Aufschrift) | Cadastral municipality (Katastralgemeinde), land register entry number (Einlagezahl) | Does the entry match the property? |
| A sheet | Plots, area, type of use, rights benefiting the property | Do the garden, parking space or cellar really belong to it? |
| B sheet | Owners, shares, condominium ownership (Wohnungseigentum) of a specific unit | Is the seller registered, is the correct unit (Top) linked? |
| C sheet | Encumbrances: liens, easements, pre-emption rights, prohibitions | What must be cancelled before handover? |
The most important encumbrances in the C sheet
Liens: They secure loans, usually the seller's. They are normally paid off out of the purchase price and cancelled via the escrow; the purchase contract must provide for acquisition free of encumbrances.
Right of residence and usufruct: A registered right of residence allows a person to live in the apartment; usufruct additionally allows them to rent it out and keep the income. Both rights remain in place after the purchase and can reduce the value considerably.
Pre-emption right: The holder can take over the apartment on the terms of your purchase contract (§§ 1072 ff ABGB). They must therefore be notified in advance or waive the right.
Prohibition on encumbrance and sale: It is effective against third parties only between close relatives, such as parents and children (§ 364c ABGB). Without consent or cancellation, your ownership cannot be registered.
Notations and notation of priority
Notations (Anmerkungen) point to special circumstances, such as insolvency proceedings, a compulsory auction or pending litigation. They are a warning sign.
The notation of priority for an intended sale (Anmerkung der Rangordnung für die beabsichtigte Veräußerung, §§ 53 ff GBG) secures the buyer's rank for one year: later entries do not take precedence over their ownership. It is important that the escrow agent (Treuhänder) receives the original priority order (Rangordnungsbeschluss), because the priority can only be used with it.
What is not in the land register
The land register does not give the full picture. In particular, the following are not visible:
- tenancy agreements (unless a lease right has been expressly registered)
- arrears of operating costs and the amount of the reserve fund
- resolutions of the owners' association, planned renovations
- zoning, building permits and unauthorised alterations
- rights of way acquired by prescription or obvious easements
You clarify these points with the property management (Hausverwaltung), the building authority and the condominium agreement (Wohnungseigentumsvertrag).
Frequently asked questions
Where do I get a current land register extract?
At any district court (Bezirksgericht), from notaries and lawyers, and online through authorised clearing agencies.
How up to date must the extract be?
It should be retrieved immediately before signing and again before the purchase price is paid out.
Can I rely on the land register?
Largely yes: anyone who acquires in good faith relying on the land register is protected. Rights that are not registered but obvious may nevertheless exist.
We check the land register, the condominium agreement and the property management's documents before you sign. With KaufSicher at a fixed price, first consultation free of charge.
Book a first consultationoffice@advokat-wien.at+43 1 34 601 71Read more
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This article gives a general overview of Austrian law and does not replace advice on your individual case.