Acquisition of rights to agricultural and forestry real estate – Lower Austria Land Transaction Law 2007

The primary objective of the Lower Austria Land Transaction Law 2007 (NÖ Grundverkehrsgesetz 2007) is to create, maintain and strengthen an efficient agricultural and forestry sector in accordance with the natural and environmental circumstances of the federal province of Lower Austria. Its secondary objective is to create, maintain and strengthen an economically sound agricultural and forestry land tenure situation. 

In principle, the acquisition of agricultural and forestry real estate situated in Lower Austria requires approval. However, testamentary dispositions are excluded from this. The need for approval is intended to protect anyone who uses their professional knowledge and skills to cultivate agricultural or forestry land themselves in order to earn a living. The Lower Austria Land Transaction Law aims to put the interests of this specific group of people above other potential purchasers. Agricultural and forestry land may not be sold or leased for an amount exceeding the local fair market value.  

Any legal transaction is invalid without the approval of the land transaction authority unless a statutory exemption applies.  

The Lower Austria Land Transaction Law enables any property owner to apply for and obtain an official assurance that their property is subject to the provisions of the land transaction law before any legal transaction is concluded.

The form prescribed by ordinance of the federal provincial government must be used. 

All the documents and information required for the appraisal

• the deed or instrument relating to the legal transaction
• information on the zoning of the property as defined in the zoning plan
• information on the object of the legal transaction and the consideration paid
• information on the future use of the object of the legal transaction
• information about the personal circumstances of the party acquiring the property
• a business plan if the acquisition is part of a plan to start a commercial agricultural or forestry activity
  

The acquiring party must submit a written request for approval to the land transaction authority within three months of the conclusion of the contract. The other contracting party may also submit the application.

Payment of an administration fee. The fee is determined according to a scale in proportion to the consideration paid or, in the absence thereof, in proportion to the value of the object of the contract. If the object of the transaction includes any real estate which is not subject to the provisions of this law, the consideration corresponding to the value of that part of the real estate must be disregarded for the purposes of calculating the administration fee. 

Lower Austria Administration Fees Ordinance 2001 LGBl. 3800/1-8 as last amended by LGBl. No. 61/2023, point 84.

Treatment of legal transactions under the Lower Austria Land Transaction Act 2007, LGBl. 6800

a) Leasehold and other usufructuary contracts

• per hectare € 1.25
• but no less than € 6.55
• not exceeding € 266.00

b) Transfers of ownership pursuant to § 1 para. 1

0.5 % of the consideration paid (purchase or transfer price, highest bid. etc.) or, in the absence thereof, of the unit value,

•  but no less than 13.20
• not exceeding 266.00

• Lower Austria Land Transaction Law 2007, LGBl. 6800-5
• Lower Austria Land Transaction Ordinance, LGBl. 6800/1-3 as last amended by LGBl. No. 75/2020 including appendices

The land transaction authority will notify the District Chamber of Agriculture of the application for a land transaction approval with a request to issue a technical opinion and to disclose the details of the legal transaction. The purpose of the disclosure is to enable farmers to assert their interest in the acquisition. Approval for the legal transaction will be declined by the land transaction authority where a farmer wishes to buy instead of the acquiring party in order to strengthen his agricultural position, and the acquiring party is not a farmer. 

• agricultural or forestry land must not be used for purposes other than those for which it is intended
• agricultural or forestry land must be properly managed
• the purchase price or ground rent may not exceed the local fair market value
• if the acquiring party is not a farmer or does not become a farmer through the acquisition, any offer by a farmer to purchase instead of the acquiring party will not be legally binding.
  

An application for approval may be submitted before a deed or instrument effecting a recordable event in the land register has been drawn up. In this case, the application for approval by the land transaction authority must include all circumstances of the legal transaction that are relevant to its appraisal, plus the consent of all contracting parties.  

Land transaction authorities often base their decisions on expert reports. 

The competent authority is the land transaction authority in whose jurisdiction the property is located.

No authentication or signature is required.

A decision of the land transaction authorities can be appealed by application to the provincial administrative court (Landesverwaltungsgericht) of Lower Austria. 

Point of single contact Niederösterreich

Department of Agricultural Law, Office of the Government of Lower Austria

08.01.2024

https://www.noe.gv.at/noe/Datenschutz.html