Ownership Amendment 2015 - Wrn 2015

Original Language Title: Wohnrechtsnovelle 2015 – WRN 2015

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2014_I_100/BGBLA_2014_I_100.html

100 federal law, the landlord and Tenant Act, the housing non-profit law and the condominium law be modified in 2002 with a regulation on the conservation of heat heating devices in the part of § 1 para 4 application area is hit MRG (ownership amendment 2015 - WRN 2015)

The National Council has decided:

Article 1

Change of tenancy law

The landlord and Tenant Act, Federal Law Gazette No. 520/1981, as last amended by the late payment Act, Federal Law Gazette I no. 50/2013, is amended as follows:

1. in article 3, par. 2, 2a is inserted after Z 2 following Z:



"2a. the works, the hot water boilers for the preservation of rented heating baths, rented and other rented heat-heating equipment in the rental objects of the House are required;".

2. in article 8, par. 2, Z 1 is inserted after the phrase "Remedy serious damage of the House" the twist "or maintain a rented heating baths, a rented hot water heater, or other rented heat heating device".

3. § 16 is amended as follows:

(a) in paragraph 2 does not apply to the No. 3 and receive the previous Z 4, 5 and 6 the digit designations "3", "4" and "5.";

(b) in paragraph 3, the phrase "ABS 2 Z 4" is replaced by the phrase "ABS 2 Z 3".

4. after section 49f, the following paragraph is inserted 49 g together with the heading:

"Transitional to the timeshare Act 2015

paragraph 49 g. (1 by 2015, Federal Law Gazette I no. 100/2014,) modifications of sections 3, 8, and 16 due to the housing law amendment with 1 January 2015 into force.

(2) § 3 par. 2 and § 8 paragraph 2 each as amended by the amendment to the housing law 2015 are also apply to court proceedings, which have become already pending on 1 January 2015, but were still not been adjudicated.

(3) in addition the housing amendment is by 2015 from its entry into force also on leases to apply, which were closed before January 1, 2015."

Article 2

Change of housing public interest law

The housing non-profit law, BGBl. No. 139/1979, as last amended by Federal Law Gazette I no. 51/2013, is amended as follows:

1. in section 14a para 2, 2a is inserted after Z 2 following Z:



"2a. the works, the hot water boilers for the preservation of rented heating baths, rented and other rented heat-heating equipment in the rental or other use of the buildings are required;".

2. in article IV is inserted after paragraph 1o of the following paragraph 1 p:

("1 p) § 14a para 2 No. 2a in the version of Federal Law Gazette I no. 100/2014 effective with January 1, 2015. The provision is in this version also apply to court proceedings, which have become already pending on 1 January 2015, but were still not been adjudicated. Indeed it is in this version from its entry into force also on leases to apply, which were closed before January 1, 2015."

Article 3

Amendment to the condominium Act 2002

The apartment ownership Act of 2002, Federal Law Gazette I no. 70/2002, as last amended by Federal Law Gazette I no. 30/2012, is amended as follows:

1. in article 5, para. 3, sentence is inserted after the second sentence:

"The registration of apartment ownership of a property object their assignment to the property object from the condominium Treaty which also extends to its accessory objects according to § 2 para 3, as far as (article 3, paragraph 1 Z 1) or of the judicial decision (article 3, paragraph 1 Z 2-4) each clearly results in cohesion with the commercial valuation or-festsetzung."

The following paragraph 4 is added to § 2. 5:

"(4) the transfer of an accessory object from a residential property object to another needs to be effective not the consent of the other apartment owners."

3. after section 58, b is inserted the following section 58 c together with the heading:

"Transitional provisions to the timeshare Act 2015

§ 58c. (1) § 5 para 3 as amended by amendment to the right of abode by 2015, Federal Law Gazette I no. 100/2014, 1 January 2015 into force. In this version, the provision also apply entries that were made prior to its entry into force. She's also apply to court proceedings, which have become already pending at the time of its entry into force, but were still not been adjudicated.

(2) section 5 (4) as amended by the amendment to the right of abode by 2015, Federal Law Gazette I no. 100/2014, 1 January 2015 into force. In this version, the provision applies to transfers that were made prior to its entry into force. She is also apply to court proceedings, which have become already pending at the time of its entry into force, but were still not been adjudicated."

Article 4

Regulation concerning the conservation of heat heating devices in the application portion of § 1 para 4 MRG

§ 1. Apartment leases, MRG governed by the part scope of § 1 para 4, the maintenance obligation of the landlord can according to § 1096 para. 1 ABGB through contractual agreements are not expelled or constrained, insofar as the preservation of a rented heating thermal, a rented hot water heater, or other rented heat heating device in the apartment.

§ 2 § 1 comes into force 1 January 2015. He is also apply to court proceedings, which have become already pending on 1 January 2015, but were still not been adjudicated.

§ 3. In addition article 1 from its entry into force also on leases is to apply, which were closed before January 1, 2015."

Fischer

Faymann