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Apply for correction of the leasehold holder

You can apply for the correction of the leasehold land register if there is an inaccuracy in the land register.

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Detailed description

A hereditary building right gives you the opportunity to build your own building on someone else's land without purchasing the property. In return, you pay a regular ground rent, which is stipulated in a contract.
The leasehold can be sold, inherited or used as security for loans.

You can request a correction of the leasehold land register if there is an inaccuracy in the land register. This is the case if the identity of the leasehold holder has changed and the true leasehold holder is not yet apparent from the leasehold land register, such as in the case of inheritance. This does not apply to cases where only a name change has occurred, such as in the case of marriage.

 

Information

Prerequisites

You can apply for the correction of the hereditary building land register if there is an inaccuracy in the land register.

Documents required

  • written application for registration in a publicly notarised or publicly certified form, if the application also contains the consent of the true leaseholder (see below)
  • publicly certified registration authorization of the person wrongfully registered as a hereditary building right holder (so-called book-entitled person) or
  • Proof of inaccuracy by public or publicly certified document
  • publicly certified or publicly authenticated consent of the true hereditary building right holder(s) to be registered or
  • Proof of inaccuracy by public or publicly certified document or
  • Application by an enforcement creditor who is the holder of an enforceable title against the true beneficiary, together with presentation of the relevant title (court judgment) and proof of the land register inaccuracy by means of a public deed

Please note

Legal advice is not available at the district court. Please contact the persons authorized to provide legal advice. These are lawyers or notaries.
The Public Legal Advice Service (ÖRA) offers low-cost legal advice for people with low incomes.

Deadlines

If you submit the application for registration within 2 years of the inheritance, no fee will be charged for registering an heir.

Procedure

  • You or the notary who draws up the documents apply for the correction of the leasehold land register with the necessary documents to the responsible authority. The documents required for the entry are notarized or certified.
  • The responsible authority will examine your application and documents. If necessary, it will request additional documents or information.
  • The responsible authority will check the requirements and decide on your application.
  • The leasehold land register is corrected.
  • You and the notary will receive a registration notification.
  • You will receive a fee notice.
  • You pay the fees.

Processing time

The processing time depends on the individual case.

Fees

A full fee is charged for the corrective registration of a leasehold holder. The specific fee amount depends on the transaction value (value of the leasehold). It ranges from a minimum of EUR 15 to a maximum of EUR 26,585 (with a maximum transaction value of EUR 60,000,000).


Additionally, notary fees apply.

Legal remedies

land registry complaint

Legal basis

§ 13 Land Register Act (GBO)






§ 19 Land Register Act (GBO)






Section 22 paragraph 2 of the Land Register Act (GBO)






§ 29 Land Register Act (GBO)






Annex 1 number 14110 ff. to Section 3 paragraph 2 of the Court and Notary Fees Act (GNotKG)

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Keywords: correct the leasehold New leaseholder

Last updated: 27.04.2025