In case of the purchase, sale or rental of a property there are additional costs that have to be calculated.
Summary of the ancillary expenses:
I. ANCILLARY EXPENSES IN THE CASE OF PURCHASE AGREEMENTS
1. Property transfer tax 3.5% of the amount of the purchase price (discounts or exemption possible in special cases)
2. Land Register registration fee (title to property) 1,1%
3. Costs of drafting of agreement and registration to the Land Register as agreed within the scope of the fee regulations of the person who prepared the contract as well as cash expenses for certifications and stamp duties.
4. Costs for the declaration and self-assessment of the capital gains tax by the legal counsel or notary, as agreed in the fee provisions of the respective drafter of the title deed.
5. Cost of proceedings and administrative charges for conveyancing procedure “Grundverkehrsverfahren” (differs from province to province).
6. Existing housing loans for condominium property and owner-occupied houses – transfer to purchaser: in addition to the regular redemption instalment extraordinary redemption up to 50% of the outstanding principal or early redemption possible. The purchaser does not have any legal title to be transferred the housing loan.
7. Property charges, if any, pursuant to the municipal bill of charges (development costs and costs of preparing the plot for construction) as well as connection charges and connection costs (electricity, gas, water, sewer, telephone, etc.)
8. Our commission (maximum commission as provided for by law)
(A) in case of purchase, sale or exchange of
• Properties or share in properties
• share in property which is subject to condominium ownership or with respect to which condominium ownership is going to be established pursuant to an agreement
• business enterprises of any kind
consideration for structures/buildings on land owned by a third party
at a value of
• up to EURO 36.336,42 – 4% each
• EURO 36.336,43 to EURO 48.448,49 – EURO 1.453,46*
• from EURO 48.448,50 – 3% each
by both parties (seller and purchaser)
plus 20% VAT in each case
* threshold provision pursuant to Sec. 12 (4) Real Estate Brokers Act
(B) in case of options:
• 50% of the commission pursuant to item 7.A above, which will be taken into account in case the person who was granted
the option purchases the property.
II. ANCILLARY EXPENSES IN THE CASE OF TENANCY AGREEMENTS (MIETVERTÄGE)
1. Costs of execution of agreement as agreed within the scope of the fee regulations of the respective person who prepared the contract.
The calculation of the commission is based on the gross rent, which consists of:
• basic rent or sublet rent;
• pro-rata service charges and regular public charges;
• share in special expenses (e.g. lift), if any; and
• any remuneration for furniture or equipment rented together with the premises or other additional services of the landlord.
In order to calculate the basis of calculation of the commission the value added tax must not be included in the gross rent. The heating costs are also not to be included if the transaction concerns a tenancy relationship pertaining to a flat, in case of which pursuant to the tenancy law regulations the amount of the rent may not be agreed upon freely (reasonable rent, reference value rent).
In addition, a commission for special compensation in an amount of up to 5% can be agreed with the previous tenant.
|indefinite period/period of more than three years||3 monthly gross rents||2 monthly gross rents|
|period up to 3 years||3 monthly gross rents||1 monthly gross rent|
|agreement on a supplementary commission in the event that a lease agreement is extended or converted into an indefinite lease.||taking into account the entire term of contract, the commission may be raised to the maximum amount, however not to exceed 1/2 monthly rent||taking into account the entire term of contract, the commission may be raised to the maximum amount, however not to exceed 1/2 monthly rent|