Insights · 21 minutes
Buying a hotel in Austria
The stock is large, the transaction market is small. Anyone wanting to find a house before it is offered needs a profile, a route in and an answer to the land transfer law of the province.
Thomas Uhlir, MBA · Published on September 23, 2026 · Last updated on September 23, 2026
In Austria you usually buy a hotel before anyone offers it: through advisers with access, against a confidentiality and non-circumvention agreement. On the acquisition of the property you pay 3.5 percent real estate transfer tax and a 1.1 percent registration fee, and in the west you also pay in time for the land transfer authority. From the first conversation to registration, six to twelve months pass.
That is the short answer. The long one starts with a figure buyers regularly underestimate.
Austria counted 157.27 million overnight stays in the 2025 calendar year, according to Statistik Austria the highest figure since digital records began in 1974. Accommodation capacity in the 2024/25 tourism year came to around 1.20 million beds in 73,174 businesses. Hotel investment volume for 2025, by contrast, is put by CBRE Austria at around 550 million EUR.
A million beds, and a transaction market of 550 million EUR. Anyone searching for a house in that ratio while waiting for an offer will be waiting a long time.
The houses you are looking for are in no portal
The reason lies with the seller, not with the market. A hotel is a going concern with staff, a bank, suppliers and distribution partners. An advertisement reaches those four groups first and the buyer last.
That is why the greater part of mid sized houses is offered confidentially or not at all. The mechanism behind it is set out in Why the best hotels never reach the market, and from the seller's side in Selling a hotel in Austria.
For a buyer three routes follow from this, and all three cost preparatory work.
The first is your own network. Tax advisers, house banks, operator groups and architects often know months ahead of the market that a succession is pending in a house. This route is a matter of chance. Anyone relying on it has no sourcing strategy, he has been lucky.
The second is the direct approach. It works, but it is expensive in time and, executed clumsily, burns exactly the address you wanted to reach. An owner who receives an unsolicited offer letter talks about it locally.
The third is the adviser with continuous access to the stock. There it is the prior assessment that counts, not the number of properties. Whoever knows a house also knows the reason it is being given up, and knows whether the owner wants to sell or only wants to hear a price.
In each of these cases the same formality precedes the first document. A confidentiality agreement binds you to the documents and to the fact of the sale, a non-circumvention agreement binds you to the route through the adviser. Anyone who finds that tiresome mistakes its purpose: it is the condition under which an owner releases any figures at all.
In practice that means a buyer makes himself imaginable before he searches. A lodged search profile with size, region, operating structure, price range and financing status is the difference between a call and no call. The database of Sarego Group exists for exactly that, and it is a closed circle: release is manual, only after a signed confidentiality and non-circumvention agreement, and there is no entitlement to access.
Who may buy is decided by the province
Land transfer in Austria is a matter for the provinces. Nine provinces run nine acts, and in the western tourism provinces they are strict.
Tyrol devotes a separate part of its 1996 Land Transfer Act to the subject. Section 12 makes acquisitions by foreigners subject to consent, section 13 sets out the conditions and requires an interest in the acquisition, in particular in economic, cultural or social terms; private interests are to be given appropriate weight. For a hotel business with jobs attached, that economic interest can as a rule be shown. For a second home with a hotel sign on the door it cannot.
More important than the consent itself is the question of who counts as a foreigner at all. Under section 2 Tyrol includes legal entities with their seat abroad and those whose share capital belongs at least half to foreigners. An Austrian company with foreign shareholders can therefore fall under the act even though the commercial register shows a domestic address.
The other direction is in section 3. Nationals of another EU member state or of an EEA contracting state are treated as equal to Austrian citizens. Legal entities from those states are treated as equal where the acquisition is made in exercise of a fundamental freedom, for instance freedom of establishment under article 49 TFEU. A business that you as acquirer actually run, or have run for you, is precisely such a case.
Alongside the foreigner regime a second track runs that affects everyone. Under section 14 Tyrol may declare municipalities with particularly high pressure on the housing market to be reserved municipalities by ordinance, with a declaration duty under section 14a. And among its principles the act expressly names pushing back holiday homes, which it defines by reference to section 13 of the 2022 Tyrolean Spatial Planning Act.
Salzburg brought its 2023 Land Transfer Act into force with effect from 1 March 2023 and combined three subjects in it. The foreigner regime sits in sections 20 to 22, with equal treatment with domestic buyers in section 22. Separately, acquisitions in second home restriction municipalities and second home restriction areas under section 31 of the 2009 Spatial Planning Act fall under a part of their own, whose aim the act states openly: to push back acquisition as a second home or as a pure capital investment.
What Salzburg expressly counts in that context regularly surprises buyers. In relation to second homes, the 2009 Spatial Planning Act brings apartments in accommodation businesses within its concept of a dwelling. Anyone intending to realise individual units of a house separately examines this point before the purchase and not after it.
Vorarlberg turns the matter into a land register block. Section 7 of its Land Transfer Act makes the acquisition of ownership of land by foreigners subject to consent, and section 2 para 2 exempts anyone who, by virtue of treaty obligations, is to be treated like a domestic buyer. Section 28 then requires a final consent, a confirmed declaration or a negative certificate before registration. Without that piece of paper the land register enters nothing.
The remaining provinces run the same pattern in their own wording. Carinthia governs equal treatment in section 7 of its 2002 Land Transfer Act and the consent requirement for foreigners in section 13. Styria treats as equal, in section 4 para 2, foreigners acquiring in exercise of rights under the TFEU or the EEA Agreement, and lists the transactions requiring consent in sections 25 and 26. Vienna too has a Foreign Nationals Land Acquisition Act: section 1 requires consent for the acquisition of ownership by foreigners, and section 3 exempts acquisitions within freedom of movement and freedom of establishment under the EEA Agreement. For a European investor a purchase in the city therefore runs without a procedure as a rule.
For a buyer three things follow. Your own nationality and the structure of the acquiring company belong in the first week, not the last. The competent authority and its timescales are clarified before the letter of intent. And anyone with a change of use for individual units in mind examines the holiday home and second home position before writing it into the calculation.
In Vienna this whole block plays practically no part. What counts there instead is set out in Buying a hotel in Vienna.
On acquisition you pay 3.5 percent, 1.1 percent and 1.2 percent
Where the property itself is bought, the Real Estate Transfer Tax Act 1987 applies. The rate on an acquisition for consideration is 3.5 percent under section 7 GrEStG; the basis of assessment under section 4 GrEStG is in principle the consideration, but at least the property value.
On top of that comes the land register registration fee. Under tariff item 9 of the Court Fees Act it amounts to 1.1 percent of the value of the ownership right to be registered. Where a mortgage is registered for the financing at the same time, a further 1.2 percent falls due.
Worked example. At a purchase price of 12 million EUR that is 420,000 EUR of real estate transfer tax and 132,000 EUR of registration fee. Anyone financing eight million with debt and registering a mortgage for it adds 96,000 EUR. Together 648,000 EUR, before anyone has spoken about contract drafting, technical review, tax advice and legal advice.
These amounts are no footnote, but around five percent of the purchase price. They belong in the yield calculation on the acquisition side.
Completion itself runs through a contract drafter, a lawyer or a notary, who usually also self assesses the real estate transfer tax and handles the purchase price in escrow. For registration, section 31 of the Land Register Act requires a public deed or a private deed with signatures certified by a court or a notary, in the case of natural persons including the date of birth in the certification note. A signature at the kitchen table will not carry the land register.
Since July 2025 the share deal is no longer a shortcut
For years the obvious answer to real estate transfer tax was to buy the company rather than the property and stay below the threshold. That no longer works in the same way.
The text of the act in the RIS carries the change visibly: section 1 para 2a GrEStG was repealed by article 59 no 1, Federal Law Gazette I no 25/2025. Section 1 para 3 GrEStG has since caught changes in the shareholder base from a threshold of 75 instead of 95 percent and within seven instead of five years. New is the concept of the property company in section 4 para 4 GrEStG: where the land belongs to such a company, the rate under section 7 GrEStG is 3.5 percent of the common value. The new version has applied since 1 July 2025.
Whether a hotel business with its own staff and its own cost of goods falls under the concept of a property company is a question of the individual case and belongs with the tax adviser.
For the purchase decision one sentence nonetheless remains that always holds. In a share deal you take on the company together with its past: open tax audits, old proceedings, arrears, liabilities. In an asset deal you take on particular assets and contracts and leave the rest behind. The trade off in detail is set out in Asset deal or share deal. It belongs before the price negotiation, because it changes the price.
What you are actually buying depends on the operating structure
How lease, management agreement, franchise and own operation differ from one another is set out in Lease, management or own operation. For the acquisition decision a narrower question counts: which role you can actually fill after closing.
With a lease you buy a payment, and you buy it from a third party you did not choose. Examine the tenant the way you would examine a debtor: annual accounts, payment history, other houses in the portfolio, dependencies. Remaining term and extension options say how long that examination carries, and the indexation says whether the payment keeps its value.
With a management agreement and in own operation you buy the result itself, which means the bad years too. The decisive question here is one of people: who runs the house on the day after the handover. If the answer used to be the previous owner, who is now stopping, you have bought a gap and should quantify the cost of closing it before you bid.
In practice that means the operating structure helps decide which purchase price is defensible for you. Two buyers can therefore arrive at markedly different prices for the same house without either having miscalculated.
The acquisition review of a hotel has four strands and a fifth
Commercial, legal, tax, technical: that far you examine any commercial property. With a hotel the business comes on top, and that is what makes the difference.
Commercial means three to five years of annual accounts and trial balances, monthly figures with occupancy, average room rate and revenue per available room, plus the origin of the guests and dependence on individual distribution channels. A high portal share is commission and interchangeability in one.
Legal means the land register extract with its encumbrances, easements, the lease or management agreement with every amendment, supply and maintenance contracts, pending proceedings. The most common find is an amendment stating a different remaining term from the sales memorandum.
Tax means structure, open tax audits and, in a share deal, the past of the company.
Technical means building fabric, building services, fire safety, energy certificates and a quantified investment programme for the next five years. Construction requirements in Austria run through the building codes of the provinces, which refer to the guidelines of the Austrian Institute of Construction Engineering; for fire safety these are OIB guideline 2 and its sub-guidelines, among them guideline 2.1 for commercial buildings and guideline 2.3 for buildings with an escape level above 22 metres. There is no separate guideline for accommodation buildings; a hotel falls under the general rules, and which version applies is determined by the relevant provincial building code.
The fifth strand is the business itself, and it breaks down into three questions that follow different rules.
The staff transfer. Under section 3 AVRAG the acquirer enters the existing employment relationships as employer with all rights and obligations, under section 4 AVRAG the collective agreement terms are to be maintained, and under section 6 AVRAG transferor and acquirer are jointly liable for obligations that arose before the transfer. Accrued holiday and severance entitlements are therefore a purchase price item.
The trade licence does not transfer. It is personal; the acquirer registers a hospitality trade of his own and demonstrates the personal requirements and, where required, the qualification under section 111 GewO 1994. Anyone noticing this only after closing is left holding a house he is not allowed to open.
The operating plant permit does transfer, as long as the plant stays what it is. Section 74 GewO ties the permit requirement to the plant, not to the person. Section 81 GewO requires a separate permit for the alteration of a permitted operating plant, to the extent the interests in section 74 para 2 make that necessary. For a buyer with conversion plans this is the decisive point in the timetable, and it is regularly examined too late.
Trade law knows no upper limit on beds. Limits come from building law and provincial spatial planning, meaning zoning, permitted use and the permit position of the particular house. Anyone planning more rooms therefore examines the existing permits rather than a general figure.
A price is built backwards, out of the result
A hotel is a business that generates earnings out of an area. Its value follows the result that this business earns repeatably.
How that figure is arrived at is set out in What a hotel is worth. More interesting for a buyer is what he examines in it, because he is handed it finished.
Three questions do the greater part of that examination. First: which costs has the seller stripped out, and which of them will arise for you anyway. A managing director's salary that was never paid because the owner stood at reception himself is a real payroll item for you. Second: has a reserve for furniture, fixtures and equipment been deducted, and does it carry the actual condition of the rooms. A house whose beds are twelve years old needs more than the customary percentage of turnover. Third: which earnings in the result will not repeat, for instance a one off group booking, an insurance payment or a year with a major event in the city.
In a leased house the examination shifts to the contract. The rent is on paper; the question is for how much longer and who pays it in case of doubt. Added to that is the item buyers most often overlook: the costs that stay with the owner despite the lease, meaning roof and structure, insurance, property tax and, depending on the contract, part of the renewal.
The adjusted result becomes a capitalised value by way of a capitalisation rate. That rate is the buyer's actual statement about the house: it contains the level of interest rates, the location, the operating structure, the remaining term and the question of how easily a successor could be found. CBRE Austria reports a gross initial yield of 5.40 percent for prime hotel properties with a lease in the first quarter of 2025. That describes the top end of the market and is no yardstick for a four star house with 60 rooms and one season.
Worked example. An owner operated house earns 1.4 million EUR of GOP. After deducting a market level managing director's salary of 120,000 EUR and a reserve for furniture of four percent of turnover, meaning 240,000 EUR on 6 million EUR of turnover, 1.04 million EUR remain. At a capitalisation rate of 7 percent that gives around 14.9 million EUR, at 8.5 percent around 12.2 million. The difference of 2.7 million EUR arises purely from a judgement on risk.
That is exactly why a disciplined buyer works in ranges and sensitivities. What happens at five percentage points less occupancy. What happens if the tenant does not extend in four years. What happens if the investment programme falls due two years earlier. The review before the offer belongs in a valuation and feasibility exercise.
The bank finances the business, not the land
A hotel financing differs from a residential or office financing at one point, and that point is fundamental: the security sits in the land register, but the debt service comes out of a business that has to be sold afresh every morning.
There is no publicly verifiable figure for customary equity ratios in Austrian hotel financings. None appears here for that reason. Anyone quoting you one is quoting experience, not a statistic, and that is a difference worth marking in a financial model.
A regulatory ratio does not exist in any case. The ordinance on real estate financing measures for credit institutions, which for years limited loan to value, term and debt service ratios in Austria, applied expressly only to private residential property financings. A hotel loan was never caught by it. The limit is therefore set by the bank, and it sets it case by case.
What is verifiable is the acquisition cost the financing triggers: a 1.2 percent registration fee for the mortgage under tariff item 9 of the Court Fees Act, on top of the 3.5 and 1.1 percent from the acquisition itself.
Also verifiable is the order in which a bank asks. First the sustainable result and its adjustments, then the debt service and the headroom within it, then the operating structure and the remaining term of the contract, then the person who will run the house after the handover. The property comes comparatively late in the conversation.
From that follows a practical rule for the acquisition. The financing request runs in parallel with the review, not after it. A buyer who goes to the bank after due diligence loses four to eight weeks and spends them negotiating against an exclusivity period that keeps running.
Six mistakes buyers in Austria repeat
The search starts with the properties. Anyone searching without a profile gets what is left over. Anyone with size, region, operating structure, price range and financing status in writing gets a call before a house is in the market.
The acquisition structure is settled last. Since 1 July 2025 the choice between asset deal and share deal shifts amounts that no price negotiation recovers. It belongs before the first offer.
Land transfer law is taken for a formality. In Tyrol, Salzburg and Vorarlberg an authority decides before the land register enters anything, and the control structure of the acquiring company decides with it.
The operator agreement is read only in the version in the data room. Amendments change remaining terms, maintenance duties and options. An owner once came with a contract from 2014 and an amendment from 2019 that had deleted the extension option, and both sides had overlooked it in the first conversation.
The investment programme is missing. A house that has renewed no rooms for three years shows a better result and is worth less. Anyone not quantifying that buys the deferred maintenance at the price of a going concern.
The trade licence is treated as part of the object of purchase. It is not. Registration and proof of qualification belong in the timetable before closing.
Six to twelve months until the house is yours
On the buyer's side the sequence is almost always the same.
- Profile and access. Search profile, evidence of seriousness, confidentiality and non-circumvention agreement. Without this step nothing begins at all.
- First assessment. Anonymous short overview, then key data: size, category, operating structure, contract with remaining term, three years of figures. One to three weeks.
- Indicative calculation. Adjusted result, a range rather than a figure, a first financing structure. Two to four weeks.
- Letter of intent. Price, structure, timetable, exclusivity and the conditions on which it ends.
- Due diligence. Commercial, legal, tax, technical, plus the business. Six to twelve weeks, longer in a share deal.
- Financing. In parallel with step five, not after it.
- Contract and completion. Drafting by a lawyer or notary, certified declaration of consent to registration, escrow handling, self assessment of the real estate transfer tax, priority ranking, registration. Six to twelve weeks.
Anyone needing a consent under provincial land transfer law adds further weeks to step seven. Anyone discovering it only there adds months.
The Austrian hotel market is large in stock and small in movement. That favours the buyer who is prepared and penalises the one who waits for an offer. If you want to know which houses come into question for your profile at all: confidentially, in a conversation. How we support buyers is set out under investment advisory.
Sources
This article reflects the position as at 23 September 2026. It is not tax, legal or investment advice. Every individual case needs review by a tax adviser, a lawyer or a notary.
- Grunderwerbsteuergesetz 1987 (Real Estate Transfer Tax Act), sections 1, 4 and 7, Federal Chancellery RIS, consolidated version 2026. https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10004531
- Grunderwerbsteuergesetz 1987, section 1 para 3 and section 7, text of the act with the repeal note on para 2a (article 59 no 1, Federal Law Gazette I no 25/2025), Federal Chancellery RIS, retrieved 23.09.2026. https://www.ris.bka.gv.at/NormDokument.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10004531&Paragraf=1
- Gerichtsgebührengesetz (Court Fees Act), tariff item 9, GGG guidelines, Federal Ministry of Justice, 2026. https://www.justiz.gv.at/service/gebuehren-und-einbringungsrecht/ggg-richtlinien-tp-9.257.de.html
- Grundbuchsgesetz 1955 (Land Register Act), section 31, Federal Chancellery RIS, consolidated version, retrieved 23.09.2026. https://www.ris.bka.gv.at/NormDokument.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10001941&Paragraf=31
- Gewerbeordnung 1994 (Trade Act), section 74 (operating plants), Federal Chancellery RIS, retrieved 23.09.2026. https://www.ris.bka.gv.at/NormDokument.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10007517&Paragraf=74
- Gewerbeordnung 1994, section 81 (alteration of operating plants), Federal Chancellery RIS, retrieved 23.09.2026. https://www.ris.bka.gv.at/NormDokument.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10007517&Paragraf=81
- Gewerbeordnung 1994, section 111, Federal Chancellery RIS. https://www.ris.bka.gv.at/NormDokument.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10007517&Paragraf=111
- Arbeitsvertragsrechts-Anpassungsgesetz AVRAG (Employment Contract Law Adaptation Act), sections 3, 4 and 6, Federal Chancellery RIS, consolidated version 2026. https://www.ris.bka.gv.at/NormDokument.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10008872
- Tiroler Grundverkehrsgesetz 1996 (Tyrolean Land Transfer Act), sections 1, 2, 3, 12, 13, 14 and 14a, Federal Chancellery RIS, Tyrolean provincial law consolidated, retrieved 23.09.2026. https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=LrT&Gesetzesnummer=20000005
- Salzburger Grundverkehrsgesetz 2023 (Salzburg Land Transfer Act), sections 20 to 22 and the part on acquisitions in second home restriction municipalities, Federal Chancellery RIS, Salzburg provincial law consolidated, retrieved 23.09.2026. https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=LrSbg&Gesetzesnummer=20001397
- Salzburger Raumordnungsgesetz 2009 (Salzburg Spatial Planning Act), section 2 (concept of a dwelling, apartments in accommodation businesses) and section 31 (second home restrictions and second home areas), Federal Chancellery RIS, Salzburg provincial law consolidated, retrieved 23.09.2026. https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=LrSbg&Gesetzesnummer=20000615
- Tiroler Raumordnungsgesetz 2022 (Tyrolean Spatial Planning Act), section 13 (holiday homes), Federal Chancellery RIS, Tyrolean provincial law consolidated, retrieved 23.09.2026. https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=LrT&Gesetzesnummer=20000910
- Grundverkehrsgesetz Vorarlberg (Vorarlberg Land Transfer Act), sections 2, 7 and 28, Federal Chancellery RIS, provincial law consolidated, retrieved 23.09.2026. https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=LrVbg&Gesetzesnummer=20000597
- Kärntner Grundverkehrsgesetz 2002 (Carinthian Land Transfer Act), sections 6, 7 and 13, Federal Chancellery RIS, Carinthian provincial law consolidated, retrieved 23.09.2026. https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=LrK&Gesetzesnummer=20000167
- Steiermärkisches Grundverkehrsgesetz (Styrian Land Transfer Act), sections 4, 22, 25 and 26, Federal Chancellery RIS, Styrian provincial law consolidated, retrieved 23.09.2026. https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=LrStmk&Gesetzesnummer=20000924
- Wiener Ausländergrunderwerbsgesetz (Vienna Foreign Nationals Land Acquisition Act), sections 1 and 3, Federal Chancellery RIS, Vienna provincial law consolidated, retrieved 23.09.2026. https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=LrW&Gesetzesnummer=20000055
- Änderung der Kreditinstitute-Immobilienfinanzierungsmaßnahmen-Verordnung (amendment to the ordinance on real estate financing measures for credit institutions), Federal Law Gazette II no 79/2023 (scope: private residential property financings), Federal Chancellery RIS. https://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2023_II_79/BGBLA_2023_II_79.html
- OIB guidelines, overview and guideline 2 with sub-guidelines 2.1, 2.2 and 2.3, Austrian Institute of Construction Engineering, retrieved 23.09.2026. https://www.oib.or.at/de/oib-richtlinien
- Wieder Höchstwert: 157 Mio. Nächtigungen im Jahr 2025 (record again: 157 million overnight stays in 2025), Statistik Austria, 30 January 2026. https://www.statistik.at/fileadmin/announcement/2026/01/20260130AnkuenfteNaechtigungenDezember2025.pdf
- Tourismusjahr 2024/25: mehr Betriebe, mehr Betten (2024/25 tourism year: more businesses, more beds), Statistik Austria, 20 January 2026. https://www.statistik.at/fileadmin/announcement/2026/01/20260120TourismusBettenBestand2025.pdf
- CBRE Hotelmarktbericht 2025: Tourismusboom bringt Rekorde (2025 hotel market report), CBRE Austria, 2025. https://www.cbre.at/press-releases/cbre-hotelmarktbericht-2025
Frequently asked questions
Where do you find hotels in Austria that are not advertised?
Through advisers who know the stock, through operators, tax advisers and banks around a house, and through closed circles you are admitted to against a confidentiality and non-circumvention agreement. A portal shows the remainder: houses that found no buyer on the direct route. Anyone who wants access to unpublished houses first lodges a search profile and lets himself be checked.
Can a foreigner buy a hotel in Austria?
Nationals of the EU and the EEA are treated as equal to Austrians under the provincial land transfer acts, in Tyrol for instance under section 3 of the 1996 Tyrolean Land Transfer Act. Third country nationals need consent from the land transfer authority in several provinces. What matters is the acquiring company as much as the person: Tyrol counts legal entities as foreigners where at least half the capital belongs to foreigners.
What acquisition costs arise on a hotel purchase in Austria?
On the acquisition of the property, 3.5 percent real estate transfer tax under section 7 GrEStG 1987 and a 1.1 percent land register registration fee under tariff item 9 of the Court Fees Act. Where a mortgage is registered for the financing, a further 1.2 percent falls due. Add contract drafting, certification, escrow handling and your own review costs. These belong in the first calculation, not the last.
Buying a hotel in Tyrol, what does land transfer law require?
The 1996 Tyrolean Land Transfer Act runs a separate part on acquisitions by foreigners, with a consent requirement under section 12 and the conditions for consent under section 13. Added to that are reserved municipalities under section 14, which the provincial government designates where pressure on the housing market is particularly high, with a declaration duty under section 14a. Both are settled before signature.
Does the hotel trade licence pass to the buyer?
No. The hospitality trade licence is personal; the acquirer registers a trade of his own and demonstrates the personal requirements and, where required, the qualification under section 111 GewO 1994. The operating plant permit follows the opposite rule: under section 74 GewO it attaches to the plant. Anyone converting the building needs a fresh permit under section 81 GewO.
Does the buyer take over a hotel's employees?
On a transfer of undertaking the acquirer enters the existing employment relationships as employer under section 3 AVRAG, with all rights and obligations. Collective agreement terms are to be maintained under section 4 AVRAG, and under section 6 AVRAG transferor and acquirer are jointly liable for obligations from the period before. Arrears from old employment relationships therefore belong in the review.
How does a buyer value an Austrian hotel?
Through the result the business earns repeatably, adjusted for a market level managing director's salary, for one off effects and for a reserve for furniture, fixtures and equipment. That result is capitalised at a rate reflecting location, operating structure, remaining term and the standing of the operator. CBRE Austria reports a gross initial yield of 5.40 percent for prime hotel properties with a lease in the first quarter of 2025.
How much equity does a bank require for a hotel financing?
There is no publicly verifiable ratio for commercial hotel financings in Austria, which is why no figure appears here. What is verifiable is the mechanism: the bank sizes the facility against the sustainable result and the debt service, not against the floor area. Where a mortgage is registered, that costs a 1.1 percent registration fee plus 1.2 percent, which belong in the acquisition costs.
What do you examine at a hotel that you would not at another property?
Five points come on top. The operator or lease agreement with all amendments, because in leased houses it is the actual object of purchase. The staff under AVRAG. The trade licence, which does not transfer. The operating plant permit, which does transfer as long as the type of operation stays the same. And fire safety, which follows its own requirements in an accommodation building.
How long does it take to buy a hotel in Austria?
For a prepared house, six to twelve months from the first assessment to registration in the land register. Two to three months go to the review, the rest to negotiation, contract, financing commitment and completion. A consent procedure under provincial land transfer law adds further weeks, and it adds them at the end, where they cost most.
What are an NDA and an NCND in a hotel purchase?
A confidentiality agreement obliges you to keep the documents and the fact of the sale to yourself. A non-circumvention agreement obliges you not to approach the owner past the adviser. In the off-market business both are the entry ticket, because without those undertakings an owner will not speak to you in the first place.
Is a hotel with a lease or one in own operation the better buy?
It depends on what you want to buy. With a lease you buy a payment and assess how secure it is; the remaining term is therefore part of the purchase price. In own operation you buy a profession along with the house and carry the result yourself, the bad as well as the good. The capitalisation rate differs, the earnings at first do not.
Does a notary have to draft the purchase contract?
The contract itself is drafted by a lawyer or a notary. For registration, section 31 of the Land Register Act requires a public deed or a private deed on which the signatures of the parties are certified by a court or a notary. Without that certification the land register enters nothing, however cleanly the contract is drafted.
Are there second home restrictions in Austria that affect a hotel buyer?
Yes, and they affect him where he is thinking about a change of use. Salzburg subjects acquisitions in second home restriction municipalities and areas under section 31 ROG 2009 to a separate part of the 2023 Land Transfer Act, with the stated aim of pushing back acquisition as a second home or as a pure capital investment. Tyrol pursues the same direction with its holiday home rules.
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