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Hi Zoran, I can’t comment on Vienna but the concept of leasehold does exist in Austria. A lot of lakeside/holiday home properties in Burgenland are on leasehold land and typically there is an annual fee. Fees seem to be negotiated on a fixed 10 year basis. Sometimes you will see properties that are on leasehold land owned by the church or council in some areas (e.g. I have seen some in Klosterneuberg). In terms of flats/apartments you probably may also need to check if they are social housing blocks as there may be other restrictions in place (e.g. you can only rent them out for a fixed fee). For flats sometimes you also have to pay extra for a kitchen or alternatively the kitchen is not included in the sale.
Hi Linda, In my case when I received my Article 50 card (5 year one), I had to hand back my Anmeldebescheinigung, I guess if you have a seperate Bescheinigung des Daueraufenthalts they will want that back.
Hi Zoran, the best option in terms of buying is to try and get a Private sale in that you don’t have to pay Estate Agent fees. Unlike the UK the buyer AND seller have to pay Estate agents fees in Austria and they are not small. The moment you contact an Estate agent about a property you are liable for the fees. If you have not done so already I would check this website for properties: https://www.willhaben.at/iad/immobilien/.
Sorry Zoran, I am not sure what or who you are referring. The main thread refers to British Citizens and partners buying property in Austria following Brexit. There are 9 provinces in Austria including Vienna and they all have their own property rules.
The exception is covered in section 14 of the following guideline – https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/927349/explainer-for-part-2-citizens-rights-of-agreement-on-withdrawal-uk-ni-from-eu.pdf
I believe when someone asked about this there was no specific process for this, but you do need to keep records just in case you are questioned. See if Mike knows any different, but failing that you could check with the Austrian Government Brexit hotline:The Federal Government has set up a special hotline for questions about Brexit: +43 (0) 800 222 666 (free of charge within Austria)
Operating hours: Monday to Friday, 8 am to 4 pm (weekdays)
Feel free to also contact us by email: service@bka.gv.atJust be aware that sometimes there is a 3 month delay before any claims can be made on a Rechtschutzversicherung. Also please check the policy against any exclusions.
Burgenland has now also agreed to equal treatment for Withdrawal Agreement beneficiaries in terms of property acquisition. Details have been passed to the British Embassy.
There was a post on the Embassy Facebook page covering this on 5th July 2021. It stated the following:
“When exchanging your licence, there should be no requirement to prove your residence in the UK when your UK licence was issued. If the issuing authority asks for this, please encourage them to contact the BMK, who will clarify the rules for exchanging UK licences.
If a regional authority is refusing to swap your valid UK licence or contact the BMK, please email the embassy, letting us know where in Austria you are and when you had your appointment vienna.embassy@fcdo.gov.uk”Thanks Mike. The outstanding provinces are Lower Austria, Burgenland, Salzburg and Styria.
There is a fee for going through the Ausländer Grundbuchverkehrs Kommission and it is based on the property value. I know of at least one person who was charged for this earlier in the year and it takes times too. I also know someone who just had to go through the motions and get a Negativbestätigung and were not charged. Yes, you are right lawyers love to charge fees and a lot of them are unfamiliar with the Withdrawal Agreement.
The Withdrawal Agreement is not explicit about lots of things and property rights is one of them. There are now multiple legal opinions on this issue for Austria and both the British Embassy and Austrian Government are aware of the issue and are working on it. With regards the EU, here is a link published by the EU on Enforcement of Individual Rights: https://ec.europa.eu/info/sites/default/files/enforcement_of_individual_rights_under_the_withdrawal_agreement_v5_en.pdf . Given the recent communication from the Embassy re. property rights I am hopeful that it can be resolved without having to escalate the issue. Unfortunately it is going to take time.
Steve, where are you buying exactly?I should also add that if you haven’t applied for an Article 50 card you should do so as it may make life easier. It is easier to prove you are a Withdrawal Agreement beneficiary.
Steve, if you have not done so already you should log the issue with the Brexit Hotline and the Embassy Consulate Service. Explain to them both that it is costing you extra fees!
UPDATE 16/7/2021
Tyrol, Carinthia, Upper Austria, Vienna and Vorarlberg have now confirmed to the British Embassy in Vienna that British Citizens who are in scope of the Withdrawal Agreement are to be treated like EU citizens in terms of property purchase rights. For the other regions it is currently with their legal departments and they are working on a response!Tyrol and now Vienna recognise the Property Purchase rights of British Citizens who are Withdrawal Agreement beneficiaries and should be treated the same as Austrian/EU Nationals. The UK Embassy and Brexit Hotline are clarifying the situation with the other regions. Anyobdy arriving after 1st January 2021 will be treated like a 3CN.
Property Lawyers may be unfamiliar with the rights of Withdrawal Agreement beneficiaries and should be referred to
Articles 9,10, 12 and possibly 23 of the Withdrawal AgreementIt’s complex and I am still trying to get to the bottom of this myself but here is the response I got from the International, Future & Specialist Pension Centre in the UK (email: fpc.overseasteam@dwp.gov.uk)
“When calculating State Pension entitlement, countries can exchange their National Insurance records and use foreign insurance to make sure that customer meets that country’s minimum contribution conditions.
From 6 April 2016 you will need at least 10 qualifying years to receive any UK State Pension. If you do not have 10 years the reciprocal agreements will be considered to see if they can help you achieve the minimum number of years needed but the years from contributions made overseas will not count towards your new State Pension amount. You can also use NI contributions made in the UK to satisfy the minimum qualifying period to receive a Pension from an EEA country, or other country where the UK has a reciprocal agreement.
If you already have 10 qualifying years on your UK National Insurance record the reciprocal agreement will not need to be looked at.
Contributions paid in different countries are not added together to pay one single pension. Pensions are paid separately by each country that the customer has paid into.
If you’ve worked in several countries, you may have accumulated pension rights in each of them.
You’ll have to apply to the pension authority in the country where you’re living or you last worked. If you’ve never worked in the country where you’re living, your host country will forward your claim to the one you last worked in. That country is then responsible for processing your claim and bringing together records of your contributions from all the countries you worked in.
Every country has its own rules. The age that a customer can start to get their State Pension may also be different in other countries. You will need to contact the countries that you have paid contributions in, and they will advise of your Pension entitlement under their rules.”
