Practice Area
Real Estate, Transactions, Lease and Rental Agreements
Real estate advice from acquisition through letting to sale
GHP advises owners, investors, developers, banks, landlords and tenants on Austrian real estate throughout the entire life cycle of a property – from acquisition and financing through development, letting and management to sale or realisation.
Our advice covers the structuring of transactions as asset deals or share deals, Land Register (Grundbuch) matters, real estate transfer tax and stamp duty considerations in coordination with the client's tax advisers, construction and contract matters, approvals for the acquisition of land by foreign purchasers under the provincial legislation (Ausländergrunderwerb), as well as landlord and tenant law under the Austrian Tenancy Act (MRG), the Austrian Civil Code (ABGB) and the Condominium Act (WEG).
Experience & Expertise
Personal experience and expertise of Attorneys at Law of GHP (including before foundation of GHP in national and international law firms) include:
Advising Austrian and foreign investors on the acquisition and sale of residential and commercial property, both by way of asset deals and by way of share deals in property-holding companies.
Advising the sellers of Austrian industrial real estate on a sale to foreign investors by way of an asset deal.
Advising the foreign seller of one of the largest Austrian hunting grounds to an Austrian family.
Advising investors on contribution agreements transferring real property into Austrian limited partnerships with a limited liability company as general partner (GmbH & Co KG) acting as property-holding vehicles for Austrian hotels.
Advising an Austrian hotel developer and operator as borrower in connection with several financings of the acquisition of sites and the construction of hotels.
Drafting and negotiating long-term commercial lease agreements, including the lease for the flagship store of a well-known fashion label in Vienna, and advising on rent review, operating cost and indexation clauses.
Advising and representing landlords and tenants on the termination of leases, including the limits of waivers of termination rights and consumer protection aspects.
Advising condominium owners and owners' associations (Wohnungseigentümergemeinschaften) on all matters of property management.
Advising on holiday letting and short-term rental structures, including the trade law, building law and tenancy law requirements applicable in Austria.
Advising owners on the tendering, negotiation and conclusion of facility management, contracting and supply agreements for large office buildings.
Representing owners in the out-of-court and judicial enforcement of rent and lease payment claims and in proceedings concerning lease contract fees (Mietvertragsgebühren).
Advising investors and banks on the development, financing and refinancing of commercial property (office buildings, hotels, logistics facilities) and on the realisation of real estate collateral.
Advising an Austrian real estate company on the issue of convertible bonds entitling subscribers to acquire shares in that company.