Real Estate Law

Project development

We provide legal advice to real estate developers in the implementation of 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. Another focus is the subsequent transfer of flats into the ownership of the previous tenant (§ 15b WGG) by non-profit building associations.

• Mag. Benedikt Stockert, MSc.

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. We advise private individuals on transactions involving freehold apartments, single-family homes and building plots.

• Mag. Benedikt Stockert, MSc.

Residential and tenancy law

We offer our clients comprehensive advice and representation in all areas of tenancy law (ABGB, MRG, WGG). This also includes the drafting and review of individual tenancy agreements for the commercial sector, in particular for business premises, office spaces and logistics areas. Another focus of our work is the drafting of sample tenancy agreements, especially for institutional landlords of flats. We advise private individuals on renting out their condominiums or single-family homes. Our clients also include non-profit building associations and property management companies, which benefit from our many years of experience in all aspects of residential property and tenancy law.

• Mag. Alexander Hock, LL.M.

Construction contract law

We support private and public clients as well as planners and civil engineers in all aspects of building construction and civil engineering projects. We see ourselves as a project partner from setting up a project to drafting contracts and providing support during execution and conflict resolution. We are a founding member of the Interessengemeinschaft Partnerschaft Bau and develop customised cooperative contract models with our clients (e.g. involvement of the executors already in the planning phase, alliance contracts).

• Dr. Sebastian Feuchtmüller
• Mag. Gabriel Kielbasa, MSc.

Conflict management

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.

• Mag. Benedikt Stockert, MSc.
• Mag. Alexander Hock, LL.M.

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 assist our clients in asserting their claims to commission, or defending against unjustified commission claims.