Acquisition of tourism properties in Austria

Stable visitor numbers, excellent infrastructure, and strong local governance make tourism real estate a particularly attractive and (legal) secure investment segment.

Investments in tourism properties take various forms: classic hotel developments, serviced apartments, holiday residences, or mixed-use projects combining private ownership and tourism operations. Investors appreciate predictable returns, professional operators, and a transparent legal and fiscal environment. Austria’s reputation for political stability and legal certainty (i.e. theAustrian land register) further strengthens its position as a long-term investment destination.

The acquisition of real estate in Austria is governed by the Land Transfer Law (Grundverkehrsrecht), which falls under the competence of the federal provinces. Each province has its own regulations – for instance, the Styrian Land Transfer Act 2020 (Stmk. Grundverkehrsgesetz 2020). The law aims to protect domestic land use and prevent speculative or non-agricultural acquisitions. It distinguishes between building land, agricultural and forestry land, and secondary residence zones.

For Austrian and European Union (EU) and European Economic Community (EEC) citizens, property acquisition is generally straightforward. However, for non-EU investors, prior approval by the competent land transfer authority is usually required. The authority assesses whether the purchase serves the public interest, supports regional development, and aligns with local land-use policies. In the tourism sector, approval is often granted if the project demonstrably benefits the region – for example, by creating jobs, preserving infrastructure, or enhancing sustainable tourism.

Austria’s land register (Grundbuch) ensures a high level of legal security and transparency in ownership. Typical transaction costs include the real estate transfer tax (3.5%) and registration fee (1.1%). Capital gains from resale are subject to real estate income tax. Moreover, investors must comply with planning and environmental laws, which are particularly relevant for conversions and new developments.

Overall, Austria provides an attractive and predictable environment for tourism-related real estate investment. The combination of stable markets, clear legal structures, and a strong tourism tradition ensures long-term value preservation. For international investors, the key success factors are careful legal preparation, early cooperation with local authorities, and a sustainable, regionally integrated project concept.

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Mario Kapp was the sole founder of the law firm in 2006. He is also the Managing Partner and specialises in bankruptcy law, corporate law, and business restructuring. 

Raffaela Lödl-Klein is a partner of KAPP & PARTNER Rechtsanwälte GmbH, and specialises in real estate and corporate law. She joined the firm in 2013.