Fee charging for
rental contracts abolished

Since the last National Council meeting before the vote on 12.10.2017 decided to abolish the charging of fees for documents about residential rental agreements, the ÖVI received many calls concerning the question of when this abolition would actually take effect. Since no explicit date was mentioned in the resolution, the amendment will come into effect on the day after its publication in the Federal Law Gazette. The amendment to the Fees Act was announced on 10.11.2017 in the Federal Law Gazette: for rental contracts concluded starting 11.11.2017, there is no longer a rental contract fee. 

The fee for commercial properties remains

The fee on documents concerning the conclusion of leasing agreements for business premises remains. The amendment to the Fees Act has no effect on declarations of suretyship (§ 33 TP 7 Fees Act), which are made in connection with rental agreements for example.

In addition, the following can be read on the homepage of the Federal Ministry of Finance:

"Living spaces" mean buildings or parts of buildings that serve predominantly residential purposes including other separate spaces and parts of the property (such as basement or attic spaces, storage areas, and home gardens typically associated with living spaces).

If they are intended for such a purpose, living spaces in buildings or on the premises of buildings allow private life, especially overnight stays. The exemption covers not only the rental or leasing of actual living spaces but also rented ancillary rooms such as basement or attic spaces. If not dominated by another use, a storage area or garden that is mentioned in the same contract of the official living space is considered leased for living purposes.

A space is considered predominantly used for residential purposes when an area used for living purposes exceeds its use for other purposes."

Source: www.bmf.gv.at/top-themen/Abschaffung_der_Gebuehr_Wohnungsmietvertraege.html

to the Federal Law Gazette (BGBl. I no. 147/201)