Austria: 12 new municipalities restricting second homes in the province of Salzburg since 1.3.2024

 

The Salzburg Spatial Planning Act stipulates that the use of a dwelling as a second home is restricted in those municipalities in which the proportion of dwellings that are not used as a main residence exceeds 16% of the total housing stock in the municipality.

Every 5 years, the state government must determine whether the above-mentioned conditions are met and then designate the municipalities restricting second homes by ordinance. The last regulation was in force between 1 January 2019 and the end of February 2024. The data of the last 5 years have now been evaluated.

The new ordinance of the Salzburg provincial government, promulgated on 29.2.2024, which determined the municipalities restricting second homes in the province of Salzburg, came into force on 1.3.2024. Of the total of 119 municipalities in the province of Salzburg, 91 have now been designated as municipalities restricting second homes.

The 12 new municipalities are as follows:

• In the Flachgau region, Ebenau, Elixhausen, Elsbethen, Hallwang, Henndorf am Wallersee and Schleedorf are added.
• In Tennengau Bad Vigaun,
• In Pongau Bischofshofen and Eben im Pongau, as well as
• In the Lungau Lessach, St. Margarethen im Lungau and Zederhaus.
• The city of Salzburg, as well as Mittersill and Neukirchen am Großvenediger in Pinzgau, no longer fall below the 16% limit.

 

The ordinance does not change the previous use of a property in these municipalities. However, in the case of a transfer from 1.3.2024, it should be noted that in these 91 municipalities of the ordinance, the purchaser must make a declaration to the land transfer officer when acquiring the right to building land that the object of the legal transaction will only be used as the main residence or other permanent residence. However, if a second home has been approved under building law or if an apartment was already used for leisure purposes before 1.3.1993, this declaration obligation does not apply and the property can be used as before.

Now, 28 municipalities remain in the province of Salzburg that are not covered by this ordinance. However, these municipalities are free to declare themselves in the zoning plan as a second home restriction area, which Hallein, for example, has announced in its ordinance of 12.12.2019.

For the first time, the city of Salzburg is now also just below the threshold of 16%, but has also declared itself a second home restriction area in the zoning plan as of 7.2.2024.

 

For further information, please contact:

Petra Walkner, Lawyer

Zumtobel & Kronberger, Salburg

e: walkner@eulaw.at

t: +43 662 624500

 

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