Nabywanie nieruchomości przez cudzoziemców w Austrii

Abstract

Real estate transactions involving foreigners not only plays a very important role in business, but also pose a significant social issue. Restrictions on the acquisition of real estate by foreigners are introduced primarily to achieve multiple policy goals occurring on territory of the state. Very often happens that the nature and extent of the imposed restrictions, and even economic power of the country, the degree of development and effective political system does not have a direct relationship with restrictions and, consequently, the measures may be too restrictive and inappropriate for their individual situation. The article is dedicated to the acquisition of real estate by foreigners in the Republic of Austria. Regulations which exist on the territory of that state contains a wide range of interesting solutions from the point of view of the process of acquisition of real estate by a foreigner, which can be particularly useful from the perspective of work on the new polish law devoted to the acquisition of real estate by foreigners. The article issues also includes matters concerning the personal scope of restrictions on acquisition of real estate by foreigners which are stemmed from the definition of a foreigner. It also raised issues related to public constraints, which assumes in the form of obtaining the authorization for the acquisition of real estate and limitations for use of the property that is for example agricultural land and forest homes or holiday homes. Moreover, based on the analysis of particular acts assesses the exemptions from obligation to obtain authorization for the acquisition of real estate by a foreigner.