Can foreigners buy an apartment in Austria? What is allowed in Vienna?
Author: Mag. Nevena Shotekova-Zöchling, Attorney and insolvency administrator in Vienna · Citizens of the EU and the EEA may in principle buy real estate in Austria on the same terms as Austrian nationals. Third-country nationals need approval in Vienna under § 1 of the Vienna Act on the Acquisition of Land by Foreigners (Wiener Ausländergrunderwerbsgesetz), which the municipal authority (Magistrat, MA 35) grants if there is a social or economic interest in the acquisition (§ 4). Without final approval, the ownership is not entered in the land register (Grundbuch) (§ 5 para 1).
Key facts
- Citizens of the EU and the EEA may in principle buy real estate in Austria on the same terms as Austrians.
- In Vienna, third-country nationals need approval under § 1 of the Vienna Act on the Acquisition of Land by Foreigners, granted by the municipal authority MA 35 if there is a social or economic interest in the acquisition (§ 4).
- Without final approval, the foreign buyer's ownership is not entered in the land register (§ 5 para 1).
- British citizens are exempt only if they hold an "Article 50 TEU" residence document; otherwise they have been treated as third-country nationals since Brexit.
- An Austrian GmbH in which foreigners hold the majority is itself treated as a foreigner, so setting up a company does not avoid the approval requirement.
Who needs approval?
Under § 2 of the Act, a foreigner is anyone who is not an Austrian citizen. Exempt are, among others, persons who can rely on the fundamental freedoms of the EEA Agreement or on the EU Free Movement Directive (§ 3 Z 2). Swiss nationals (natural persons) are treated as equivalent under the administrative practice of the City of Vienna and do not need approval. British nationals are exempt only if they hold an "Article 50 TEU" residence document (Aufenthaltstitel „Artikel 50 EUV“); otherwise they have been treated as third-country nationals since Brexit.
Joint acquisition by spouses or registered partners is also exempt from approval if one of them is Austrian (§ 3 Z 1). Anyone who must prove the exemption, for example to the land register court, can apply for a negative certificate (Negativbestätigung).
The other federal provinces have their own land transfer acts (Grundverkehrsgesetze). In Tyrol, Salzburg, Vorarlberg and Carinthia in particular, there are additional restrictions on holiday homes (Freizeitwohnsitze) that may also affect EU citizens.
Procedure in Vienna
- Sign the purchase contract subject to the condition precedent of approval
- Deposit the purchase price with the escrow agent (Treuhänder)
- Apply to MA 35 with the required documents
- Once the approval is final: land register entry and payment to the seller
Until approval, the contract is provisionally ineffective (schwebend unwirksam). The escrow (Treuhandschaft) protects both sides: if approval is refused, you get your money back.
Documents, costs and duration
| Document | Purpose |
|---|---|
| Certified purchase contract, land register extract | Proof of the transaction |
| Passport, residence permit | Nationality, residence |
| Registration form (Meldezettel), tenancy agreement | Current living situation |
| Information on future use and on other property in Austria | Proof of social interest |
Approval currently costs € 130 in administrative charges per applicant (€ 80 for residential rights), plus federal fees. There is no specific statutory processing time; the authority must decide within six months at the latest (§ 73 AVG), and experience shows it is faster when the documents are complete. In practice, the chances are good if you use the apartment as your own main residence and live lawfully in Austria, for example with a Red-White-Red Card (Rot-Weiß-Rot-Karte).
Buying through a GmbH?
An Austrian limited liability company (GmbH) in which foreigners hold the majority is itself treated as a foreigner (§ 2). Setting up a GmbH therefore does not circumvent the approval requirement. Circumvention transactions and false statements about shareholdings are punishable under § 6 with fines of up to € 21,000.
Frequently asked questions
I am Bulgarian – do I need approval?
No, as an EU citizen you are treated the same as Austrians.
Can I buy an investment apartment without a residence in Austria?
As a third-country national this is difficult in Vienna, because a social or economic interest must be demonstrated.
What happens if approval is refused?
The contract does not become effective, and the purchase price held in escrow is transferred back.
We advise you in German, English, Bulgarian, Turkish, Russian and Ukrainian and handle approval, contract and escrow with KaufSicher. The first consultation is 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.