For a Vienna flat a new rent is to be set after the housing subsidy loan was repaid early. The owner considers the repayment confirmation to be the end of all subsidy obligations. However, the project file contains a reference to the planning-designated subsidised housing. This constellation requires its own legal classification before the rental offer.
Loan status and legal obligation answer different questions
§ 2 number 6 WWFSG 1989 contains several characteristics of a subsidised flat. The rule about a subsidy loan that has not yet been fully repaid is not the only one. For the planning-related proportion of subsidised floor space designated there, Litera e specifies a period of 40 years from the granting of a specified subsidy. [ZEITRAUM]
A confirmation of the balance of a loan therefore does not yet declare all other characteristics. Our editorial recommendation: record repayment date and documented basis for the obligation separately. A completed repayment plan should not simply be renamed in the record as "free rent formation".
Assign the specific flat to the correct proportion of floor space
§ 29 paragraph 4a requires a condition in the assurance for the proportion designated there: Even in the event of non-utilisation or early repayment the flats should continue to be regarded as subsidised; for their renting the rent-formation provisions of §§ 62 and 63 are to be applied in particular. [ZUSICHERUNG]
The provision refers to the proportion resulting from land-use and development plans. § 6 paragraph 6a of the Vienna Building Regulations deals with areas for subsidised housing with specific requirements. [PLAN] Therefore check with the appropriate specialist office which flat and which part of the project are actually covered. Neither the general project description nor a differing neighbouring agreement determines this allocation.
Combine the assurance with the project documents
Provide the existing subsidy assurance, its amendments, repayment documents and the available documentation for the affected area. Have it explained which condition continues to apply to your property and on what basis the start and end of an applicable period are determined.
Especially where non-utilisation is claimed, no start date for a period may be invented merely so that the internal spreadsheet contains a date. Nor is a price continued here from an old internet figure. The actually applicable rent formation requires a current, property-related review. This article does not calculate an allowable amount per square metre nor an index adjustment.
Fictitious case: The first rental calculation is based on the wrong completion
An owner plans the re-letting using the comparison price of a privately financed flat. As justification she presents only the repaid loan amount. During the file review it becomes clear that her flat is assigned to a subsidy floor-space proportion that must be checked separately.
She therefore has clarified which obligation status applies before making a binding offer. The repayment confirmation remains as evidence of the repaid financing. The new rental approach is, however, only developed on the basis of the confirmed rent-law foundation. The case promises neither free rent nor a particular remaining term.
Proceed with a verifiable basis
The usable result names the unit concerned, the applicable obligation, the reviewed period and the next step for setting the rent. Outstanding documents remain explicitly outstanding. A bank statement thus does not become an undocumented legal certificate of release.
The article applies to the described particular Vienna constellation. It does not assert either that every repaid housing subsidy in Austria is subject to subsequent binding or a general prohibition on re-letting. Decisive is the basis that actually continues to apply to the property in question.