Anyone buying or selling property will sooner or later encounter a clause in the purchase contract that looks unremarkable at first glance but is decisive for the entire transfer of ownership: the Aufsandserklärung, or land registry consent declaration. Many buyers and sellers sign this part of the contract without understanding its significance. Errors or inaccuracies here can cause the registration in the land register to fail or be delayed by weeks.

When attending a consultation, it’s best to bring the draft purchase contract, a current land register extract, and any side agreements. Simon Immobilien helps place the consent declaration within the overall context of the purchase contract and checks it for completeness — this does not replace legal advice in the strict sense, which is the responsibility of a notary, lawyer, or notarial office.

Key points at a glance

1. The consent declaration is the seller’s express consent to the registration of ownership in the land register.
2. Without a formally correct consent declaration, the land registry court will not carry out the registration.
3. The declaration’s content must precisely match both the land register’s current status and the purchase contract.
4. Signatures on the consent declaration generally must be notarially or judicially certified.
5. Flawed or incomplete consent declarations are among the most common reasons land registry applications are rejected.
6. Reviewing the declaration does not replace legal advice from a lawyer or notary, but it provides orientation before signing.

What the consent declaration is about

The consent declaration is a central, though often underestimated, element of every purchase contract for land or condominium property under Austrian real estate law. It establishes that the seller expressly consents to the registration of the new owner in the land register. This consent is not a mere formality but a separate legal declaration that stands alongside the actual purchase contract. It is relevant to anyone acquiring or selling property in Austria, whether a single-family home in Lower Austria, a condominium in Vienna, or a plot of land in Tyrol.

The legal basis stems from the General Land Register Act (Grundbuchsgesetz, GBG) in conjunction with the general rules on the acquisition of ownership under the Austrian Civil Code (ABGB). Under Austrian law, ownership of immovable property does not arise merely from concluding the purchase contract, but only through registration in the land register — the so-called registration principle. The consent declaration is the formal bridge between the contractual obligation and the transfer of ownership under property law. Without it, the buyer remains a contracting party under the law of obligations but is not the registered owner. This can have far-reaching consequences, for instance if the seller becomes insolvent in the meantime or resells the property to a third party.

For sellers, the declaration is significant because, by signing it, they permanently relinquish a right. For buyers, it is significant because only a correct and legally valid consent declaration opens the path to registration in the land register. Especially in more complex situations — such as co-ownership, condominium ownership under the Condominium Act (WEG), or encumbrances like mortgages — the precise wording takes on added importance.

Basics and terms surrounding the consent declaration

What the consent declaration actually accomplishes

The term itself originates from Austrian legal language and does not appear in this form in any other German-speaking country. It denotes the declaration by which the previous owner consents to the registration of ownership in favor of the buyer — in effect, “surrendering” their right to registration. In practice, the consent declaration is usually a separate paragraph within the purchase contract, though it can also be drawn up as a standalone document.

Distinction from the purchase contract

It is often assumed that the purchase contract alone is sufficient for registration in the land register. This is a misconception. The purchase contract creates the contractual obligation to transfer ownership. The consent declaration is a distinct declaration that signals to the land registry court: the seller agrees to the registration. If it is missing or unclear, even an otherwise flawless purchase contract cannot be executed.

Distinction from self-assessment of the real estate transfer tax

Another common misunderstanding concerns the relationship to the real estate transfer tax (Grunderwerbsteuer). The consent declaration initially has nothing to do with the tax processing. The real estate transfer tax, amounting to 3.5 percent of the purchase price, and the registration fee of 1.1 percent are separate levies that apply in parallel to the land registry process. Only once these levies have been paid — or self-assessed by a party representative and reported to the tax office — will the land registry application typically be processed.

Certification as a formal hurdle

A key feature of the consent declaration is the requirement that the signature of the declaring party be certified. This certification is usually carried out by a notary or a court. Without this form, the declaration cannot be used for land registry purposes, even if its content is otherwise correct.

What actually matters in the review

When reviewing a consent declaration, it is worth taking a systematic look at several points that repeatedly cause problems in practice. First, the description of the property must exactly match the current land register status — the folio number (Einlagezahl), cadastral community, and parcel number must be correct and up to date. Even a minor discrepancy in the description often leads the land registry court to reject the application.

Second, it must be checked whether all registered owners have issued the declaration. In cases of co-ownership or married couples as joint owners, all co-owners generally must consent — not just one person on behalf of the others. Third, the handling of existing encumbrances plays a role: if the property is encumbered with a lien, the consent declaration must specify whether and how this encumbrance is removed before or after the transfer of ownership, or whether it is assumed by the buyer.

The following criteria are particularly relevant during review:

• Consistency of the property description with the current land register extract
• Completeness of signatures from all registered owners
• Correct handling of existing liens, easements, or rights of first refusal
• Notarial or judicial certification of the seller’s signature
• Clarity on when the consent declaration is to take effect, especially in cases of installment payments
• Consistency of the declaration with the conditions agreed in the purchase contract, such as when the purchase price becomes due

The last point in particular is often overlooked. Many contracts stipulate that the consent declaration may only be deposited with or used by the trustee (Treuhänder) once the purchase price has been paid in full. This so-called escrow arrangement (Treuhandabwicklung) protects both sides: the seller from losing ownership before receiving the purchase price, and the buyer from paying the purchase price without a secured prospect of registration.

Aspect	What to watch for	Typical consequence of errors
Property description	Folio number, cadastral community, parcel number exactly as in the land register	Rejection of the land registry application
Signatures	All registered owners included	Delay, additional submissions required
Certification	Notarial or judicial, correct date	Declaration unusable for land registry purposes
Encumbrances	Liens, easements clearly regulated	Dispute over removal or assumption
Escrow binding	Timing of use clearly defined	Risk for buyer or seller

Step by step: how the review and registration process works

1. Obtain a land register extract and compare it with the draft contract, usually done by the contract drafter or the real estate agent, taking a few days.
2. Have the purchase contract, including the consent declaration, drafted or reviewed by a notarial office or law firm, taking one to several weeks depending on complexity.
3. Both contracting parties sign; the seller’s signature on the consent declaration must be certified.
4. Transfer the purchase price to an escrow account, often held by a notary or lawyer, taking a few business days depending on the bank.
5. The party representative self-assesses the real estate transfer tax and registration fee and reports them to the tax office (BMF, the Federal Ministry of Finance).
6. The trustee releases the consent declaration once the purchase price and taxes are secured.
7. File the land registry application with the competent district court; processing time varies from several weeks depending on the court’s workload.
8. The new owner is registered in the land register; upon a successful outcome, the buyer receives a current land register extract as proof.

Worked example: ancillary costs and timelines at a glance

Let’s take, as a reference figure, a purchase price of 400,000 euros for a condominium in a mid-sized Austrian city. The real estate transfer tax is fixed by law at 3.5 percent, which comes to 14,000 euros. The land register registration fee is 1.1 percent, or 4,400 euros. On top of this come costs for drafting the contract and certifying the consent declaration, which vary depending on the notarial office or law firm and are deliberately not quantified here, as they are negotiated individually.

In a second scenario, with a purchase price of 250,000 euros for a plot of land in a more rural region, the real estate transfer tax comes to 8,750 euros, and the registration fee to 2,750 euros. In both cases, the same principle applies: these levies are due regardless of the consent declaration, but the practical process is delayed if the declaration itself is flawed and the land registry court demands corrections. Such a correction loop can extend the registration process by several weeks, which can create problems particularly in connection with follow-up financing or handover dates.

Common mistakes and how to avoid them

One frequent mistake is the use of an outdated property description, for example when a subdivision or consolidation of parcels has taken place between the drafting of the contract and its signing. A second mistake involves missing consents in cases of co-ownership: if only one spouse is included in the declaration even though both are registered owners in the land register, the registration will fail. Third, the certification requirement is sometimes underestimated, for instance when a plain signature without notarial confirmation is considered sufficient.

A fourth, costly mistake occurs when the consent declaration contains no clear provision on when it becomes due, and the trustee uses it prematurely before the purchase price has been received in full. Fifth, existing liens are sometimes not properly cleared, so the new owner ends up acquiring a property that is formally still encumbered. A sixth, often overlooked point concerns deadlines: if the self-assessment of the real estate transfer tax is filed late, default interest may be charged — which has nothing to do with the consent declaration itself but delays the entire process.

Checklist: reviewing the consent declaration before signing

• The land register extract is current and matches the declaration
• All registered co-owners are listed as signatories
• The signature is notarially or judicially certified
• Existing liens and easements are clearly regulated
• Escrow conditions for using the declaration are clearly formulated
• The due date of the purchase price and the timing of registration are aligned
• Tax self-assessment by the party representative is contractually assigned
• A notarial office or law firm experienced in land registry matters is involved

Frequently asked questions

Is a consent declaration always part of the purchase contract?

Not necessarily, but it is common practice to include it as a separate clause within the purchase contract. It can also be drawn up as a standalone document, but in that case its content must be precisely aligned with the purchase contract. In both cases, the certification requirement for the seller’s signature remains.

Who typically drafts the consent declaration?

As a rule, the contract drafter — usually a notary or lawyer — formulates the consent declaration as part of the purchase contract. Real estate agents can help with classification and plausibility checks, but they do not replace the legal drafting work.

What happens if the consent declaration is flawed?

In this case, the land registry court either rejects the registration application or requests corrections. This costs time and sometimes additional fees, and in the worst case, it can prevent the property from being handed over on schedule.

Can the consent declaration be revoked afterward?

In principle, a consent declaration that has been validly issued and certified is binding. Revocation is only conceivable under narrow legal circumstances, such as a successful challenge to the underlying purchase contract. Legal advice should be sought for the specific case.

Do you need a notary for the consent declaration?

Certification of the signature requires a notary or a court. The drafting of the content itself can be handled either by a notarial office or a law firm, depending on how the transaction is structured.

How long does registration take after the declaration is submitted?

This depends on the workload of the competent district court, the completeness of the documents, and the timing of the tax filing. Reliable blanket estimates are not realistically possible; in practice, it often takes several weeks until the final registration is complete.

How Simon Immobilien supports you

Simon Immobilien accompanies buyers and sellers throughout the entire process, from property valuation to handover, and helps place contract elements such as the consent declaration within the overall process, without replacing legal advice. Anyone wanting an overview of current properties will find suitable listings among the current property listings from Simon Immobilien, while further topics related to buying and selling are explored in more depth in the property guide. For a non-binding assessment of your individual situation, the team is available via the Simon Immobilien contact page.