Ownership Amendment 2015 - Wrn 2015

Original Language Title: Wohnrechtsnovelle 2015 – WRN 2015

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100. Federal law, which amends the law on rental law, the Housing Non-Profit Act and the Housing Property Act 2002, and provides for a regulation on the conservation of heat treatment equipment in the partial application area of § 1 (4) MRG (Wohnrechtsnovelle 2015-WRN 2015)

The National Council has decided:

Article 1

Amendment of the rental law

The law on rental law, BGBl. No 520/1981, as last amended by the Payments Act, BGBl. I No 50/2013, shall be amended as follows:

1. In Section 3 (2), the following Z 2a is inserted after Z 2:

" 2a.

the work required for the maintenance of co-leased heating therms, co-leased hot water boilers and other co-rented heat treatment equipment in the rental items of the house; ".

2. In § 8 paragraph 2 Z 1, after the turn "Remeber serious damage of the house" the twist "or for the maintenance of a co-rental heating therme, a co-rented hot water boiler or any other co-rental heat-processing device" inserted.

3. § 16 is amended as follows:

(a) In paragraph 2, the Z 3 is deleted and the previous Z 4, 5 and 6 are given the number of digits "3." , "4." and "5." ;

(b) in paragraph 3, the turn shall be: " 2 Z 4 " through the turn " 2 Z 3 " replaced.

4. In accordance with § 49f, the following § 49g with headline is inserted:

" Transitional system for the 2015 residential property novella

§ 49g. (1) The amendments to § § 3, 8, and 16 by the Residential Law of 2015, BGBl. I n ° 100/2014, enter 1. Jänner 2015 in force.

(2) Section 3 (2) and Section 8 (2), respectively, as amended by the Residential Law Novel 2015, shall also be applied in court proceedings, which shall be adopted on the 1. Jänner 2015 has already been pending, but have not yet been decided in a legally binding manner.

(3) Furthermore, from its entry into force, the 2015 amendment to the residential rights amendment shall also apply to leases which are before the 1. Jänner 2015 closed. "

Article 2

Amendment of the Housing Charitable Act

The Housing Charitable Law, BGBl. No. 139/1979, as last amended by the Federal Law BGBl. I No 51/2013, shall be amended as follows:

1. In Section 14a (2), the following Z 2a is inserted after Z 2:

" 2a.

the work required for the maintenance of co-leased heating therms, co-leased hot water boilers and other co-rented heat processing equipment in the rental or other uses of the building; ".

(2) In Article IV, the following paragraph (1) is inserted after paragraph 1 (1):

" (1p) § 14a (2) (2a) in the version of the Federal Law BGBl. I n ° 100/2014 comes with 1. Jänner 2015 in force. In this version, the provision shall also be applied in court proceedings, which shall be 1. Jänner 2015 has already been pending, but have not yet been decided in a legally binding manner. Moreover, as from its entry into force, it should also apply to leases prior to the entry into force of the 1. Jänner 2015 closed. "

Article 3

Amendment of the Housing Property Act 2002

The Housing Property Act 2002, BGBl. I n ° 70/2002, as last amended by the Federal Law Gazette (BGBl). I No 30/2012, shall be amended as follows:

(1) In Article 5 (3), the following sentence shall be inserted after the second sentence:

" The registration of the property in a residential property also extends to its access objects in accordance with § 2 para. 3, insofar as their assignment to the residential property object from the residential property contract (Section 3 (1) (1) (1)) or the the court decision (§ 3 para. 1 Z 2 to 4) in each case shall be unambiguated in connection with the valuation or determination of the value of the user. "

(2) The following paragraph 4 is added to § 5:

"(4) The transfer of an access object from a residential property object to another does not require the consent of the other apartment owners to its effectiveness."

3. In accordance with § 58b, the following § 58c and heading is inserted:

" Transitional provisions for the 2015 Residential Law novella

§ 58c. (1) § 5 (3) in the version of the Residential Law Novelle 2015, BGBl. I n ° 100/2014, occurs with 1. Jänner 2015 in force. This provision shall also apply to entries made prior to its entry into force. It shall also be applied in judicial proceedings which have already been brought before the date of entry into force but have not yet been decided in a legally binding manner.

(2) § 5 (4) in the version of the Residential Law 2015, BGBl. I n ° 100/2014, occurs with 1. Jänner 2015 in force. This provision shall also apply to transfers made prior to its entry into force. It shall also be applied in judicial proceedings which have already been brought before the date of entry into force but have not yet been decided by a final decision. "

Article 4

Regulation on the conservation of heat treatment equipment in the partial application area of § 1 para. 4 MRG

§ 1. In the case of apartment rental contracts which are subject to the partial application area of § 1 paragraph 4 MRG, the landlord's obligation to hold the property in accordance with § 1096 (1) of the German Civil Code (ABGB) cannot be excluded or restricted by contractual agreements, insofar as it is concerned with the maintenance of a co-rental heating system, a co-leased hot water boiler or other co-rented heat-processing equipment in the apartment.

§ 2. § 1 shall enter into force 1. Jänner 2015 in force. It shall also be applied in court proceedings, which shall be 1. Jänner 2015 has already been pending, but have not yet been decided in a legally binding manner.

§ 3. In addition, § 1 shall also apply from its entry into force to leases which are before the 1. Jänner 2015 closed. "

Fischer

Faymann