Practice areas
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Real Estate & Construction Law

Support and secure transactions and construction projects with legal precision – we tell you frankly how we assess your matter and give you an estimate of the costs.

We support transactions and construction projects from start to finish – with legal precision and a clear eye on practice.

Real estate and construction projects are complex – legally as well as commercially. We advise on the purchase and sale of properties, draft and review contracts, and support due diligence processes and the legal handling of transactions. In construction law we represent businesses and private clients in administrative proceedings, building permits and disputes. Our aim: clear contracts, smooth proceedings and lasting security for important investment decisions.

Our services in real estate and construction law

  • Purchase and sale of property: drafting and handling contracts, due diligence including review of easements and encumbrances, contract negotiation, registration in the land register.
  • Escrow handling: handling through an escrow account, securing the purchase price and release of encumbrances.
  • Real estate finance: registering pledges in the land register, review of financing and security agreements.
  • Project development and developer law: support from project planning through to completion, developer contracts under the BTVG, negotiations with authorities.
  • Building permit proceedings: representation in proceedings before the building authority, neighbours' rights and party status, appeals.
  • Construction defects and construction contracts: works and general contractor agreements, ÖNORM B 2110 issues, preservation of evidence, warranty and damages.
  • Neighbour law: immissions and noise, boundary distances, encroachments, rights of way and utility rights.
  • Dispute representation: out of court and before the courts in purchase-contract, defect and construction proceedings.

Construction law in Salzburg: which provincial laws apply

A particular feature of Austrian construction law is that it is a matter for the provinces – each federal province has its own legislation. Unlike, for example, Vienna with its building code, Salzburg has no single codification; the central rules are spread across three acts:

  • Salzburg Building Police Act (BauPolG): governs building order – when a project requires a permit, requires notification, or requires neither, who has party status in permit proceedings (in particular the neighbours' subjective public rights), and which building-police measures the authority may take, up to demolition orders and administrative penalties.
  • Salzburg Development Principles Act (BGG): the central instrument for declaring building sites and for the distances between buildings. As a rule, buildings must keep a minimum distance from the boundaries of the building site of three-quarters of their height, but in any case 4 m; separate requirements apply to underground structures.
  • Salzburg Building Technology Act 2015 (BauTG 2015): technical construction requirements for planning and execution – structural stability and fire safety, hygiene and environmental protection, safety in use and accessibility, and overall energy efficiency.

Depending on the project, proceedings are conducted by the Magistrate of the City of Salzburg or the relevant municipality, with appeals going to the Salzburg Provincial Administrative Court. We know these routes and support developers, builders and neighbours through the procedure.

Real estate transfer tax: share deals tightened since mid-2025

For acquisitions via company shares rather than the property itself, considerably stricter rules have applied since 1 July 2025: the threshold for a tax-triggering consolidation of shares was lowered from 95 to 75 per cent, the circle of persons covered was widened, and for real estate companies the tax is assessed on the market value of the property. Structures that were common before 2025 no longer work that way – in share transactions, real estate transfer tax therefore belongs on the checklist early on, together with your tax adviser.

Condominium ownership and letting

The Condominium Ownership Act 2002 governs the creation, acquisition and termination of condominium ownership (Wohnungseigentum) as well as the rights of the owners. We advise on establishing condominium ownership, on the powers of the management, and on challenging resolutions, and represent you at the owners' meeting. For residential and commercial leases we draft contracts, review rent calculation and fixed terms, and resolve conflicts between tenant and landlord – out of court wherever possible.

Your contact for real estate law in Salzburg

Whether a single-family home, an apartment building or a development project: we identify risks early, negotiate robust contracts and lay the legal foundation on which your project can stand. Talk to us before you sign – that is the most effective time.

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Frequently asked questions

What warranty periods apply to construction defects in Austria?

What warranty periods apply to construction defects in Austria?

For immovable property – in particular buildings – the warranty period is generally three years from handover (§ 933 ABGB). In addition, damages claims with their own limitation periods may exist. Because hidden defects, acknowledgements or contractual provisions (for example under ÖNORM B 2110) affect these periods, every construction defect should be documented and legally assessed as quickly as possible.

Who is liable for construction defects – the contractor, the developer or the planner?

Who is liable for construction defects – the contractor, the developer or the planner?

That depends on the chain of contracts and the cause of the defect: the contractor carrying out the work is liable for defects in execution, planners for planning and supervision errors, and the developer towards purchasers under the developer contract. Frequently several parties are potentially responsible – early preservation of evidence (for example through an expert) is then decisive.

What should I look out for in an Austrian property purchase agreement?

What should I look out for in an Austrian property purchase agreement?

Besides the purchase price and the handover date, the key points are the encumbrances shown in the land register (Grundbuch), warranty and liability provisions, escrow handling, and the ancillary costs – notably real estate transfer tax (usually 3.5 %) and the registration fee (1.1 %). The contract is drawn up by a lawyer or notary; handling it through an escrow account protects both sides.

What does the Property Developer Contract Act (BTVG) regulate?

What does the Property Developer Contract Act (BTVG) regulate?

The BTVG protects purchasers who make payments to a developer before completion. In particular, it requires those payments to be secured (for example under an instalment plan with a trustee) and prescribes mandatory contractual content. Deviations to the purchaser's detriment are invalid – reviewing the developer contract before signature is therefore particularly important.

Do I need a lawyer to buy property?

Do I need a lawyer to buy property?

The purchase agreement must be drawn up and certified by a lawyer or notary for entry in the land register. Legal representation also ensures that your interests – for example regarding warranty, financing clauses or escrow handling – are protected, particularly where the other side presents the contract.

Which building laws apply in the Province of Salzburg?

Which building laws apply in the Province of Salzburg?

Construction law is a matter for the provinces in Austria. Salzburg has no uniform building code; the rules are spread mainly across the Salzburg Building Police Act (BauPolG), the Development Principles Act (BGG) and the Building Technology Act 2015 (BauTG 2015). Anyone who has built in Vienna or Upper Austria cannot simply transfer those procedures – we assess your project under Salzburg law.

What can I do as a neighbour against a building project?

What can I do as a neighbour against a building project?

Neighbours have party status in the building permit procedure, but only to the extent of their subjective public rights – above all distances, height and protection against immissions. Purely aesthetic objections or a feared loss in value do not count. What matters is raising objections in time and with the correct content, at the latest at the oral hearing – whoever stays silent loses party status and with it any later right to appeal. We review the project documents and formulate the objections within the deadline.

What should I check in the land register before buying?

What should I check in the land register before buying?

The encumbrances sheet (C sheet) shows pledges, easements such as rights of way, utility rights or rights of residence, pre-emption and repurchase rights, and prohibitions on encumbrance and disposal; the property sheet (A sheet) shows the plots together with annotations. Just as important is what is not in the land register: the zoning under planning law, any water usage rights in the water register (Wasserbuch), and the building authority's consensus – in other words, whether what was built matches what was permitted. We check all four levels before you sign.

What is escrow handling for in a property purchase?

What is escrow handling for in a property purchase?

It solves the fundamental problem of a property purchase: the buyer should not pay before receiving unencumbered ownership, and the seller should not give up ownership before the money is secured. The trustee – a lawyer or notary – holds the purchase price in an escrow account and pays out only once registration is secured and pledges can be deleted; the process runs through the trust register of the Bar Association. For both sides this is the standard, and there is no good reason to depart from it.

When do I need a building permit, and when is notification enough?

When do I need a building permit, and when is notification enough?

Salzburg construction law distinguishes between projects requiring a permit, projects requiring only notification, and projects requiring neither; what matters is the type, size, location and use. New buildings, extensions and substantial changes to the external appearance or the use are generally subject to a permit requirement, while smaller structures often only require notification. Ahead of all these questions stands the zoning: whatever the zoning plan and the development plan do not cover will not be permitted even with complete documentation. Anyone who builds without a permit risks a removal order.

Last reviewed August 2026

This overview is general in nature and does not replace advice on an individual case. We research carefully; even so, errors cannot be ruled out and the law keeps changing. Binding information is given in a personal consultation.

Questions about real estate & construction law?

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