You want to sell your Austrian condominium and keep the parking space you have been using. That would be practical for everyday life. Whether this wish fits the existing legal situation cannot, however, be deduced from the parking space number or the previous billing alone. First the allocation must be clarified.
Record the actual use separately
Our editorial recommendation: Describe the specific space meant with location and designation. Note how you have used it so far and which documents you rely on. Years of use are a fact about everyday life, but not yet a legal classification confirmed by this article.
Collect the current land register status, condominium documents, deed of acquisition and relevant plans. Record if several spaces or a garage appear in the documents. Care should be taken not to talk inadvertently about the photographed space while the deed refers to a different object.
What type of allocation exists?
§ 2 Absatz 2 WEG 2002 lists, among other things, motor-vehicle parking spaces as possible condominium objects in respect of which condominium ownership has been established. Paragraph 3 describes accessory condominium ownership (Zubehör-Wohnungseigentum) as a connected exclusive right of use in certain other parts; paragraph 4 distinguishes common parts. [WEG-2]
These categories are the starting point for a specialist question, not a classification of your specific property. In particular historical arrangements and transitional issues may require closer examination. The article does not claim that every numbered space is independently sellable or can be freely separated from the apartment sale.
Compare the existing situation with the desired outcome
Have contract advisory services explain, based on the actual deeds, what currently exists and what would be necessary for your wish. Ask whether you should only describe the scope of the sale or first have a more extensive change examined. Which cooperation, evidence and costs might arise depends on the case.
In the fictional example a seller assumes two separate objects because apartment and space show different ongoing charges. In the deed review it will first be clarified which legal connection actually exists. The separate charges are not treated as sole proof of a free separation.
Tailor the offer to the clarified scope first
Once the desired scope has been professionally clarified, description, pictures and price expectation are adjusted accordingly. A photo of the space may otherwise suggest inclusion even though you want to keep it. Conversely, a blanket exclusion should not present a legally unresolved separation as already secured.
Also check your future practical access and use after the sale. The article does not confirm any continuing right of way or right of access for this. A retained object would be of little use if its actual access route of use is not clarified.
The preparation ends with a precisely described object of sale and a corresponding execution route. Only then can the personal wish to continue parking in the familiar place be translated into a reliable offer and corresponding contract design.