You live in the neighbourhood and would like to buy a parking space in a new residential development. The sales page calls it an independent unit. Before you make a commitment, in addition to price and access you should clarify whether the planned acquisition is possible at this time in this legal form.
The decisive factor is the concrete legal allocation
This article concerns independent condominium ownership (Wohnungseigentum) of a motor vehicle parking space in Austria. A rented space, mere shared use and an ancillary item assigned to an apartment (Zubehör) can be different starting points. First have the offered legal form explained on the basis of the deeds.
§5 Absatz 2 WEG restricts the acquisition of parking-space condominium ownership during the first three years after the establishment of condominium ownership of the property in principle to persons or owner partnerships with a requirement object (Bedarfsobjekt) of the same property. The provision also regulates the acquisition of multiple spaces and an organisational exception. After the expiry of the period other persons may also acquire. [STELLPLATZ]
Do not assume the reference point is first occupation
Our editorial recommendation: Please have the contract drafting, the relevant date of the establishment of condominium ownership and your purchaser status checked. First occupation, completion of the building and the publication of a notice are not substitute dates you can choose at will.
Also the statement that you are already a resident of a neighbouring apartment does not answer the question of the connection to the same property. Disclose the exact legal allocation. A short distance from your residential building to the garage does not automatically make both buildings a single legal unit.
Hypothetical case: the neighbouring address does not create a right
An interested party owns an apartment opposite the offered garage. He wants to buy a space during the early sales phase. In conversation his apartment is generally described as sufficient. He now has it checked which property his apartment belongs to and when condominium ownership was established for the offered property.
This clarification can show that his planned acquisition route would have to be arranged differently in time or would not fit as it stands. The article does not recommend any circumvention and does not promise an immediate later purchase opportunity as a result of a reservation. A possible interim solution would have to be examined independently.
Multiple spaces are another question
If you already own a requirement object and want to buy a second space, you also need a concrete examination. The statutory text deals with this constellation separately. A blanket “owner may buy anything” is therefore not sufficient preparation.
Have numbers, allocations and any declarations checked on the basis of the complete documents. You must not replace the statutory calculation with your own estimates of the visible parking spaces. A structurally marked space and a space dedicated as a condominium unit are not to be equated in your private overview without verification.
Practical suitability is an additional consideration
Even after the legal acquisition clarification you still need to know whether your vehicle can be sensibly parked there or what ongoing costs will arise. Check access, actual dimensions and building operations separately and with approval on site. This text does not deal with charging-station permits or technical garage requirements.
Your outcome should be: correct legal form, confirmed relevant date and checked purchaser status. A concrete purchase can be built on that. An attractive parking-space price does not replace this foundation.