The centre of all activity is the client. A personal discussion is used to identify the legal structure that is appropriate in the specific individual case. Dr. Fuith was a member of the Innsbruck Bar from 1981 to 2019 and has excellent contacts to the regional authorities and courts. It is precisely this local support that determines the success of the objective pursued by our clients.
In addition, our law firm’s employees’ academic work as experts in the fields of land law, real estate issues and regional planning means that we are in regular contact with the higher courts in Austria, the European Union Commission, and the European Court of Justice, as well as with the Human Rights Court in Strasbourg.
Acquisition of property in Austria
- Drafting and structure of contracts
- Handling as trustee
- Regional planning
- Processing for purposes of fees and levies
- Fiscal aspects
- Obtaining all the authorisations
- Entry in the land register
- Land transactions
Corporate law / M&A
A specialty of the law firm is corporate law. The law firm assists with the foundation of limited companies or personal liability companies, whereas special individual provisions and solutions for each case will be found.
Further the firm advises on changes in shareholder structures, like share purchase agreements, or advises on M&A transactions, especially in the field of real estate.
Holiday homes
The handling of holiday homes is one of the core areas of our activities. In Austria, particularly in Tyrol, Vorarlberg and Salzburg restrictive rules are applied to prevent holiday homes.
In Germany, a holiday home is clearly a home for holidays. In Tyrol, a distinction is made between residences that are officially approved as holiday homes (holiday apartments) and residences that are not approved for this purpose. Contrary to popular opinion, the acquisition of a house or apartment that is not classified as a holiday home (holiday apartment) does not require the purchaser to set up his primary place of residence (main residence) at the property.
In Germany, a holiday home is clearly a home for holidays. In Tyrol, a distinction is made between residences that are officially approved as holiday homes (holiday apartments) and residences that are not approved for this purpose. Contrary to popular opinion, the acquisition of a house or apartment that is not classified as a holiday home (holiday apartment) does not require the purchaser to set up his primary place of residence (main residence) at the property.
What is prohibited is the sole use for holiday and recreational purposes. We specialize in preventing excessive official measures in connection with the prevention of what the authorities consider to be illegal holiday homes (holiday apartments).
We advise clients who are able to use their houses and apartments in Austria, in particular Tyrol, legally and without coming into conflict with the law. If a conflict has already arisen with the authorities, we can propose suggestions to solve the problems.
Forestry
The acquisition of forest land in Austria is also subject to restrictions in the laws on the acquisition and sale of land in the various federal provinces. In Tyrol, the conditions applicable to the purchase of forest land have been relaxed, and there is no longer any requirement for the purchaser to run the farm or forestry business himself. This means that forest land can also be acquired by persons who do not live in Austria or Tyrol, i.e. by foreigners too.
Agricultural property
The European Court of Justice has held that the free movement of capital means that the purchaser cannot be required to cultivate and live on the farm. Nor is nationality a criterion, and anyone, irrespective of nationality or the place of the company registered office can acquire agricultural and forestry land in Austria, in particular in Tyrol. However, it must be guaranteed that the farm or forestry business will be run properly, not necessarily by the purchaser but also by a third party. Within Austria, the competent courts, in particular in Tyrol, do not follow this decision of the European Court of Justice, a fact that we have criticised on numerous occasions.
Dr. Fuith raised this problem in the opinion he prepared for the Tyrol Bar on the amendment to the Tyrolean Law on the Acquisition and Sale of Land. In his current Commentary on this piece of legislation in the light of European Union law, he set out the legal situation in more detail and from an academic point of view.
As author of this standard work on land transactions in Tyrol, Dr. Fuith is extremely well versed in this issue both in theory and in practice.
Given our law firms’ contacts with the public authorities, in particular to those responsible for land transactions and regional planning in Tyrol, and our daily involvement with the topic both in practice and from the point of view of theory, our clients include not only potential purchasers of property in Austria, both Austrian and foreign nationals, but also notaries acting for their clients in matters of land transactions, in particular on the question of obtaining the required approvals and the contractual structure in the field of the acquisition and sale of land.
Zoning
In this field, we act as expert Consultants of regional planning and land transaction law to both land owners and in particular local government authorities on matters concerning the classification of land for zoning purposes. We advise owners affected by the reversal of zoning measures, and in particular on how they can successfully contest reclassification before the Austrian Constitutional Court. This field of regional planning also includes our specialisation, holiday homes (also referred to as holiday apartments and holiday residences).
