Home

Real Estate Law

Our Approach

Just as every building requires solid foundations, every property transaction requires solid legal advice. With our in-depth market knowledge and cutting-edge legal expertise, you can trust us to lay the right foundations for the success of your real estate project.

In addition to extensive experience in the efficient and effective implementation of complex real estate projects and transactions, our highly-specialised team of property experts bring a wealth of business knowledge and technical know-how to the table. When it comes to property law, our clients come to us for assistance with all of their civil, administrative, tax and company-law related questions because they know we understand the challenges they face and the goals they are pursuing. They also benefit from our extensive network of architects, civil and structural engineers, tax advisers and certified appraiser as well as investors, bankers and real estate developers.

Contacts

Experience

Building contractors, developers, investors, non-profit home building associations, institutional landlords, SMEs and private individuals.

Development law

A major focus of our firm’s consulting activities is providing legal advice to real estate developers and implementing projects in accordance with the Austrian Housing Development Contract Act (BTVG). We offer our clients comprehensive advice and support that encompasses acquisition of the property and implementation of construction projects (e.g. agreements with the contractors, easement and real burdens contracts and subdivision of properties), through to the sell-off of individual units and establishing residential ownership rights.

Property transactions

We support developers in the acquisition or sale of all classes of assets as well as in share and asset deals, focusing in particular on the transfer of commercial real estate, multiple-unit residential properties and property portfolios. FSM offers private individuals wide-ranging support for transactions concerning freehold apartments, single-family homes and building plots.

Tenancy and leasehold law

We provide our clients with comprehensive assistance and representation in all areas of tenancy law (relating to the Austrian Civil Code [ABGB], Austrian Rent Act [MRG] and the Austrian Non-Profit Housing Act [WGG]). This includes the drafting and checking of individual commercial rental agreements, especially for retail outlets, office spaces and logistics premises. We also have special expertise in the production of contract templates, in particular for shopping centre operators and institutional landlords of apartments. FSM can assist private individuals with the letting of their apartments or houses.

Litigation

We offer full representation in legal and out-of-court disputes concerning all aspects of real estate law. In addition to transaction and leasehold-related disputes, this includes construction processes as well as representation for architects, surveyors and other professionals. Our clients rely on FSM’s expertise to represent them in both civil and administration law matters before all courts and authorities.

Legal opinions

Each member of our property law team has years of experience working as university assistants in the field of property law or has advanced academic qualifications in the subject. This means that – in addition to our expertise in implementing projects – we can also provide our clients with in-depth legal opinions on specific property-law related questions.

Estate agency law

We advise estate agents and their clients on all matters relating to estate agent agreements, especially with respect to securing the right to a commission and the amount of commission which may be charged under the law. We draft and check real estate agent contracts on a regular basis and assist our clients in asserting their claims to commission, or defending against unjustified commission claims.

Publications

Professional Updates

Home