Real estate law

Real Estate Development Law and Trusteeships

As attorneys, we have decades of experience and special expertise in real estate development law (BTVG) and are continuously entrusted as contract drafters and trustees with the establishment and sale of residential complexes and commercial centers. We prepare purchase and real estate development contracts, all necessary lease and easement agreements, as well as condominium contracts and establish condominium ownership. Additionally, we also handle all trusteeships with financing banks that are necessary for the successful execution of the project. Our experience and law firm structure enable us to efficiently and swiftly handle large-scale developments comprising several hundred residential units.

Public Housing Law / Non-Profit Housing Associations

Our legal team, specialized in public housing law, advises and represents numerous non-profit housing associations (GBV) in all areas of the Housing Promotion Act (WGG) in almost all federal states. This ranges from public law supervisory and/or approval-related matters to civil law areas such as the purchase and sale of properties, initial and subsequent property disposals, condominium establishment, and the establishment of usage agreements in all remuneration variants. We also assist GBV in all aspects of property management, including leasing and administration, as well as legal proceedings such as proceedings under Section 14 of the WGG and construction cost final settlements. We regularly handle the sale of subsidized housing units to eligible occupants (“option apartments”). Attorneys from our team were also significantly involved in the 2019 WGG amendment.

Condominium Law / Construction Law

Condominium law is also one of the core competencies of our law firm. We provide ongoing advice to developers, GBV, institutional investors, and individuals on all questions related to condominium ownership. In this regard, we prepare all necessary contracts for the establishment of condominium ownership, assist our clients in modifying condominium units and readjusting utility values (e.g., due to attic conversions or unit consolidations), and support the legally compliant implementation of construction measures in buildings and individual condominium units. We also prepare owners’ meetings or the necessary resolutions of the owners and represent our clients at owners’ meetings. We regularly draft construction contracts and establish building rights on properties.

Tenancy Law

We represent both developers, institutional investors, GBV, and individuals predominantly as landlords, but also as tenants, in safeguarding their interests. We continuously review, draft, and negotiate lease agreements in all segments of tenancy law, ranging from single-family homes to large-scale new construction projects. We also regularly conduct legal due diligence for the acquisition of rental properties or other leased premises. Additionally, we handle tenancy law proceedings such as terminations, rent and eviction proceedings, and proceedings for the adjustment of the main rent pursuant to Section 12a of the Austrian Tenancy Act (MRG).
We also regularly provide legal opinions on questions of tenancy and residential law.

Property Management

We advise and represent property management companies in all matters of tenancy, residential, and condominium law and support them in administrative matters as well as in billing issues. Pursuing overdue rents or residential contributions through legal proceedings is also part of our responsibilities, as well as providing expert guidance on larger (re)construction measures and their implications.

Project Development and Investor Representation

With our many years of experience in real estate law, we continuously support project developers and investors from the acquisition of properties to key handover or subsequent sale. We handle the preparation and execution of purchase agreements, create option contracts, review and negotiate construction contracts, architect contracts, and planning contracts, and represent our clients in dealings with building authorities and disputes with neighbors. We also assist with (real estate) tax and fee-related issues and provide investor integration and contractual security, including necessary trusteeships.

Real Estate Transactions

We handle real estate transactions both as asset deals and share deals in direct coordination with our clients. We distinguish ourselves through fast, targeted, and meticulous work, and our team of lawyers covers all relevant legal areas comprehensively.

Construction Disputes

We represent both property owners and construction companies in asserting or defending their claims in court. Our legal team has years of litigation experience, particularly in the areas of construction defects, settlement disputes, penalty claims, and the legality of premature contract termination and its consequences.

Agricultural Transfer Agreements / Farm Successions

One of our firm’s long-standing focal points lies in the establishment and execution of agricultural transfer agreements, thereby regulating the continuation of farms. Alongside the contractual arrangement, we address tax, fee, and inheritance law matters to ensure the best possible transfer of the business and prevent future disputes.

Purchase and Donation Agreements

We prepare purchase and donation agreements for single-family homes, multi-family houses, apartments, building plots, as well as agricultural and forestry land and handle the process until the transfer of ownership is registered in the land register. If necessary, we also assume trusteeships for purchase-financing banks, register liens and easements in the land register, and obtain approval from the competent authorities. We also handle the settlement of real estate transfer tax and real estate income tax.

Spatial Planning and Public Construction Law

In collaboration with architects and general planners, we frequently accompany construction and trade licensing procedures. Our representation includes advice in complex public law proceedings (building procedures, zoning) as well as in civil law matters (company settlement, company spin-offs, establishment of business parks, etc.). We represent the interests of our clients before administrative authorities and administrative courts, draft pleadings and submissions, and conduct negotiations.