The land register (Grundbuch) is the central public register for all rights to properties in Austria. It documents who owns a property, what encumbrances are registered against it and what easements have been agreed. In Austria, there is no full ownership of a property without a land register entry. This article explains how the land register is structured, what is entered in it, and why a land register extract is indispensable for any property purchase.

What Is the Land Register?

The Austrian land register is a public register maintained at the district court (Bezirksgericht) that records all real rights to properties (land and buildings). It is digital and linked to the deeds collection containing all underlying documents.

The land register is accorded public faith: anyone who acts in good faith on an entry in the land register is legally protected – even if the reality differs. This principle protects honest purchasers and underpins the property market.

Structure of the Land Register

Each property has its own land register folio divided into three sections:

A Sheet: Inventory Sheet

Contains the description of the property:

• Folio number (Einlagezahl, EZ) – unique identifier
• Cadastral municipality (Katastralgemeinde, KG)
• Plot numbers and areas
• Zoning (e.g. residential, green land)

B Sheet: Ownership Sheet

Contains all ownership rights:

• Name and date of birth of the owner
• Co-ownership shares (where there are multiple owners)
• Condominium rights (for owner-occupied flats)
• Notes (e.g. priority for intended sale)

C Sheet: Encumbrances Sheet

Contains all encumbrances and restrictions:

• Liens/mortgages: Bank loans secured by the property
• Easements (Servituten): e.g. rights of way, utility line rights, rights of residence
• Rights of pre-emption: Priority right to purchase if sold again
• Prohibitions on disposal and encumbrance: restrict free use
• Real burdens: recurring obligations (rare)

Important Types of Entry in Detail

Liens (Mortgages)

Mortgages are the most common instrument for securing property loans. If a lien is registered, the bank is entitled to initiate forced sale of the property if the loan is not serviced. Liens remain on the property after it is sold if they have not been deleted beforehand – a crucial point in any property purchase.

Easements (Servituten)

Easements entitle third parties to use the property in a specific way:

• Right of way: A neighbour may walk or drive across the property
• Utility line right: Supply lines (electricity, gas, water) may be routed through
• Right of residence: A person has the right to live in the property (often agreed upon gifting)
• Usufruct: Right of use including income (e.g. rental income)

Easements pass to the new owner upon purchase – they cannot simply be ignored.

Right of Pre-emption

If a right of pre-emption is registered, the owner must first offer the property to the beneficiary when selling. Only if they decline may it be sold to third parties.

Prohibition on Disposal and Encumbrance

Restricts the owner from selling or newly encumbering the property. Often agreed between parents and children on gifting, to secure the subject of the gift.

Land Register Inspection: Who Can View It?

The land register is public: any person can inspect it for a small fee – without needing to demonstrate a specific reason. Inspection is possible:

• Online via GISA (Grundbuchsinformationssystem Austria) for registered users
• Through notaries and solicitors
• Directly at the district court

For property buyers, lenders and estate agents, inspecting the land register is a routine and absolutely essential step.

What Does a Land Register Entry Cost?

The following fees are payable when ownership is transferred:

Entry	Fee
Ownership right	1.1% of the purchase price/value
Lien	1.2% of the secured amount
Easements	Flat rate depending on type
Deletion	Low (usually under €100)

The fees are collected by the district court and form part of the ancillary purchase costs in any property transaction.

Priority and the Priority Principle

In the land register, the priority principle applies: rights entered earlier take precedence over later ones. In a forced sale, secured creditors are satisfied in the order of their entries – whoever was entered first is paid first. This principle protects lenders and explains why banks insist on the immediate registration of their mortgage.

Priority Note

Sellers can have a priority note for the intended sale entered. This secures the buyer’s priority for the subsequent ownership transfer – important when time passes between contract conclusion and land register entry.

Digitalisation of the Land Register

The Austrian land register is fully digitalised and can be accessed via the legal information system (RIS) and GISA. Entries are made on application – generally by notaries or solicitors – and are carried out after review by the district court. Electronic submission has long been standard.

Tips for Property Buyers

1. Obtain a land register extract before completing a purchase: Check the A, B and C sheets for encumbrances and restrictions
2. Insist on deletion of existing liens: Existing mortgages must be deleted before or upon transfer of ownership
3. Check easements: Rights of way, utility line rights or rights of residence can significantly restrict use
4. Verify plot area: Compare land register with cadastre information
5. Use trustee settlement: Reputable notaries handle property purchases in trust – the purchase price is only paid out once the entry is secured

Conclusion

The land register is at the heart of Austrian property law. It creates legal certainty, protects buyers and creditors and enables a functioning property market. Anyone buying a property should read the land register extract as carefully as the purchase contract itself – because only the C sheet reveals what a property is truly encumbered with.

FAQs

Do I have to inspect the land register myself or can someone do it for me?

Notaries, solicitors and estate agents can obtain land register extracts on your behalf. In the context of a property transaction, this is standard practice.

How long does a land register entry take?

Generally 2–6 weeks after the application is submitted. For lien entries, the bank may require interim security in the meantime.

Can I have an entry in the land register deleted?

Yes, but only with the consent of the beneficiary (e.g. the bank for a lien) or by court order. Outdated entries can be deleted through a public notice procedure.

What is the difference between the land register and the cadastre?

The land register governs the legal relationships concerning properties; the cadastre (surveying authority) documents exact boundaries and areas. Both registers are linked but maintained separately.