An Austrian multi-family house is to be sold in future as individual condominiums. The rooms are already used today as separate flats. However, that is not yet a legal basis for individual sale confirmed by this article. For the preparation, the factual condition, the desired legal structure and the commercial process are examined separately.
First establish the current condition
Our editorial recommendation: assemble the current land register status, existing acquisition deeds, building documents and existing usage contracts. Describe which units actually exist and what evidences their delimitation. Different doorbells or electricity meters do not decide the legal classification.
Specify to the adviser explicitly whether ownership of flats (Wohnungseigentum) already exists or is to be established only now. A house currently owned jointly should not be transformed into supposedly finished individual properties merely by new listing numbers.
Independently examine the legal structure
§ 3 WEG 2002 sets out the foundations and restrictions for the establishment of condominium ownership (Wohnungseigentum). Among other things it deals with the written agreement of all co-owners as a basis and excludes the creation in common areas. [WEG-3] Which form, proofs and further steps are required in the specific property must be clarified by specialists.
This article does not describe a complete usability-value calculation (Nutzwertberechnung) nor a land register procedure. It also does not declare any structurally separated area to be a permissible condominium unit without closer examination.
Deal with structural and existing usage issues separately
Have the actual structural and approved condition compared with the planned division. Which documents and responsible authorities are necessary for this depends on the property and local law. The desired legal division does not confirm a general building-law permissibility.
Existing tenancy and other usage relationships receive their own review mandate. The article asserts neither an automatic termination by division nor a certain date of free availability. The sales description follows the actually clarified conditions of use.
An invented inappropriate basement plan
An owner wishes to offer a basement area as a separate unit in addition to the existing flats. The area has so far been used by several households for various purposes. He initially assumes that a new door would be sufficient for an individual sale.
In preparation actual use, documents and desired allocation are disclosed. Legal and building experts should clarify what can actually be arranged. The owner does not publish an advertisement with an already finished independent unit as long as this prerequisite is open.
Carry out the commercial comparison in full
For the individual-sale variant the expected expenses, timing requirements and ongoing inventory still belong in the planning. Compare them with a specifically described total sale on the same basis. A larger aggregated asking price does not prove which route would be better in terms of effort and uncertainty.
Do not treat outstanding amounts and dates as confirmed. Which tax and financial consequences arise will be examined individually. This article names no general margin for a division.
In the end you need a professionally verified description of the individual units to be created and a viable process to that result. Only on that basis can the marketing be built. A new division is an independent undertaking and not merely a renaming of the previous house rooms.