Focus area · Property purchase

Condominium ownership & lease rights.

Buying a condominium means acquiring a minimum share with a right of use and often taking on existing tenancies. We explain what condominium ownership, the utility value and stepping into ongoing leases mean for your purchase.

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Condominium ownership under the WEG 2002 is more than buying four walls: you acquire a minimum share of the entire property that is inseparably linked to the exclusive right to use and dispose of a specific unit and is registered in the land register. The size of this minimum share follows from the utility value, which is set during parification.

With the purchase you become part of the owners' association. It manages the shared building, builds a maintenance reserve and bears the ongoing operating costs. If you buy an already let apartment, you step into the existing tenancy under section 1120 ABGB: a sale does not break a lease, and you take on the tenancy agreement together with its commitments under the MRG.

This page orders the key terms and checkpoints when buying condominium ownership and stepping into existing lease rights. The guide below helps you assess your situation, but does not replace an examination of the individual case.

Assess your situation

What are you buying, and is the apartment let?

Answer one or two questions about the unit and any tenancy. You will receive a first, non-binding assessment of your situation.

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01 Question 1

What do you want to acquire?

Condominium ownership under the WEG 2002 combines a minimum share of the property with the exclusive right to use and dispose of a specific unit. This differs from simple co-ownership, which is merely a notional share without an assigned apartment.

All paths at a glance

Overview of all answers.

With simple co-ownership you acquire only a notional share without an assigned apartment.

Simple co-ownership gives you a calculated share of the entire property, but no exclusive right to a specific apartment. Use is governed by a use agreement among the co-owners; without one, each share carries the proportionate use of the whole. This differs fundamentally from condominium ownership under the WEG 2002.

Before buying, check whether a use agreement exists, how burdens and income are allocated and whether a later creation of condominium ownership is planned or possible. These points belong in the purchase contract.

You are buying a let apartment and step into the ongoing tenancy under section 1120 ABGB.

"A sale does not break a lease": under section 1120 ABGB you take on the existing tenancy with all its rights and obligations. Depending on the full or partial application of the MRG you are bound by protection against termination and rent restrictions; a deposit paid by the previous tenant usually passes to you as well. You cannot simply raise an agreed rent.

Have the tenancy agreement, the rent level, any fixed term and the deposit arrangement examined before purchase and reflected in the purchase contract. This prevents inherited commitments from undermining your expected return.

You are buying a vacant condominium; the focus is the land register, utility value and reserve.

With a vacant apartment you step into no tenancy and can use the unit yourself. The focus is the land register status of the minimum share, the assessed utility value (parification), the level of the maintenance reserve and any outstanding operating costs and resolutions of the owners' association.

Before buying, have it checked whether the minimum share is transferred free of encumbrances in the land register, whether arrears towards the owners' association exist and which larger renovations have been resolved. These items belong in the price negotiation.

All recommendations at a glance

With simple co-ownership you acquire only a notional share without an assigned apartment.

You are buying a let apartment and step into the ongoing tenancy under section 1120 ABGB.

You are buying a vacant condominium; the focus is the land register, utility value and reserve.

The situations at a glance

Condominium, co-ownership, let apartment and reserve

Depending on the situation you acquire an exclusive right to an apartment, merely a notional share or an already let investment. The table contrasts what each situation means and what to watch out for when buying.

Purchase situations for condominium ownership and lease rights in Austria
Situation	What it means	What to watch
Ownership Condominium apartment (condominium ownership)	Minimum share of the property plus the exclusive right to use and dispose of the unit (WEG 2002)	Land register status of the minimum share, utility value assessment, condominium agreement
Ownership Share in a property (simple co-ownership)	Merely a notional share without a fixed assigned apartment; use governed by a use agreement	Existing use agreement, allocation of burdens and income
Tenancy Let apartment (a sale does not break a lease)	Entry into the ongoing tenancy under section 1120 ABGB, including MRG commitments	Tenancy agreement, rent level, protection against termination, inherited deposit
Investment Buy-to-let condominium	A let condominium held as a capital investment; VAT aspects depend on the individual case	Rental income, commitment to the tenancy, tax treatment
Association Reserve and operating costs	Maintenance reserve and ongoing operating costs of the owners' association	Level of the reserve, outstanding arrears, resolved renovations

The table offers an overview and does not replace an examination of the individual case. The applicability and scope of the MRG, the level of the reserve and the encumbrances in the land register must be checked carefully in the specific case.

What condominium ownership and the utility value mean

Condominium ownership under the WEG 2002 combines a minimum share of the property with the exclusive right to use and dispose of a specific unit. This minimum share is entered in the land register; without that registration no condominium ownership arises. Two persons may also hold the unit jointly as an owners' partnership.

The size of the minimum share follows from the utility value, determined during the utility value assessment (parification). The utility value therefore governs not only the share of ownership but also the share of the common costs. When buying, it is worth reviewing the utility value report and the condominium agreement.

Owners' association, reserve and operating costs

With the purchase you become part of the owners' association, which manages the shared building and may be represented by a property manager. The association builds a maintenance reserve from which larger maintenance and improvement works are financed, and allocates the ongoing operating costs proportionately.

Before buying you should know the level of the reserve, any arrears of the selling party and any resolutions already passed on larger renovations. An existing use agreement may govern the use of common areas. These items affect the economic value and belong in the price negotiation.

Buying a let apartment

If the apartment is let at the time of purchase, the principle "a sale does not break a lease" under section 1120 ABGB applies: as the new owner you step into the existing tenancy. You cannot simply end the ongoing lease agreement, and depending on the full or partial application of the MRG you are bound by protection against termination and rent restrictions.

In practice you therefore take on the rent level, any fixed term and usually also the deposit paid by the tenant. A let condominium is often acquired as a buy-to-let investment; VAT aspects may arise and must be assessed separately.

Have the tenancy agreement, the rent level and the deposit arrangement examined before purchase and reflected in the purchase contract, so that inherited commitments do not turn into unexpected burdens.

This page offers a general overview of the Austrian legal position (legal status June 2026) and does not replace advice in an individual case. The applicability of the MRG, the land register status and the tax treatment must be assessed separately in the individual case.

Frequent questions

Condominium ownership and lease rights.

What is the difference between condominium ownership and simple co-ownership? +

Condominium ownership under the WEG 2002 combines a minimum share of the property with the exclusive right to use and dispose of a specific unit, registered in the land register. Simple co-ownership, by contrast, gives only a notional share without a fixed assigned apartment; use is governed by a use agreement among the co-owners.

What does the utility value mean when buying a condominium? +

The utility value is determined during the utility value assessment (parification) and sets the size of the minimum share. It therefore decides the share of ownership and the share of the common costs of the owners' association. Reviewing the utility value report and the condominium agreement shows exactly what you are acquiring.

I am buying a let apartment, can I end the tenancy? +

Generally not without further ado. Under section 1120 ABGB a sale does not break a lease: you step into the existing tenancy and, depending on the full or partial application of the MRG, are bound by protection against termination. You cannot freely raise the agreed rent, and you usually take on the deposit that was paid.

What should I watch with the reserve and operating costs? +

Before buying, ask about the level of the maintenance reserve, any arrears of the selling party and any resolutions already passed on larger renovations. These items affect future costs and the economic value of the apartment and should feed into the price negotiation.

In depth

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