511. Regulation of the Federal Minister of Justice on the information and certificates required for the purposes of determining the value of the right to be entered, as well as the information and certificates required for the use of a beneficiary assessment basis (Basic Law on Fees of Fees-GGV)

According to Article 26a (3) of the Law on Law of the Court (GGG), BGBl. No 501/1984, as last amended by the BGBl Regulation. II No 280/2013, shall be:

Quoting

§ 1. The value of the right to be entered in accordance with Section 26 (1) GGG is, with the exception of the cases referred to in § 8 (1) and § 10, at the beginning of the entry, upon insertion in the ERV in the input at a readily detectable place, for the purpose of charge determination to (according to the land register, catastral community, number of deposits).

Certificate

§ 2. (1) In order to certify the value of the law to be registered, the party may refer in particular to those documents on the basis of which the registration is to be made (§ 87 GBG), provided that the value of the right to be registered (§ 26 (1) and (3) GGG) can be determined.

(2) The party may submit further certifying means (par. 3) are requested if:

1.		there are doubts as to the plausibility of the indicated value,
2.		this is incomplete, or
3.		it cannot be attributed to the law to be incorporated,
For example, because exceptional circumstances exist or not all services and uses are included in the value.

(3) It is not possible to certify the value of the right to be entered with documents in accordance with the first paragraph of paragraph 1, so that in order to demonstrate the plausibility of the reference, the following may be submitted in particular:

1.		Excerpts from a real estate or rental price mirror in the sight of comparable objects,
2.		Advertise via Anbote of comparable properties, benefits or uses,
3.		contracts or appraisals of comparable properties, benefits or uses, or
4.		Photos of the property including the unit value statement or information on the unit value according to financial online and other explanatory documents for the acceptance of the reference (for example, the appointment to experience values of the professional party representative or expert knowledge (b) statements), provided that no more meaningful certification funds are available or, in view of the amount of the fee, could only be procured at a disproportionate cost.

Information about the plausibility check

§ 3. (1) In the cases of Section 26 (3) GGG, the information necessary for the determination of the value (description of the contract object) may also be made in the contract, to the extent that the input (in the case of the data specified for the fee determination), at the beginning of the contract, can be made in the case of the contract. Introduction in the ERV in the input at an easy to find position, reference is made.

(2) In the other cases, in which a reference is required in accordance with § 1, the party has, in order to check the plausibility of its information, not only the value of the right to be used (§ 1), but also the following information in relation to the information provided for the Due consideration shall be given to the following information:

1.		Area per catastral community;
2.		Value per square metre;
3.		the type of use (§ 4);
4.		Quality of position in relation to the particular Katastral community (§ 5);
5.		Condition of the building or of the residential property (§ 6).

(3) The information referred to in paragraph 2 shall be specified separately for each object, even if the transfer of several objects has been carried out in a uniform operation. Several plots can be combined as an object if they are located in the same catastral community and have the same type of use (§ 4).

Usage Type

§ 4. (1) In the cases referred to in § 3 (2), each object shall be assigned one of the following types of use, using the abbreviations listed below:

1.		Agricultural and forestry use: "LF"
2.		Building land unbuilt: "BLu"
3.		Property ownership object: "WE"
4.		Residential house with up to four residential units: "WHk"
5.		Residential house with more than four living units: "WHg"
6.		Commercial use: "gN"
7.		Other usage: "sN"

(2) For Industrial (par. 1 Z 6) and other use (par. 1 Z 7), in addition to the abbreviation referred to, the specific use (type of operation or the concrete use) should be indicated.

Site Quality

§ 5. (1) In the cases referred to in Section 3 (2), the quality of the situation referred to the catastral community in which the object is situated shall be indicated by using the abbreviation referred to. Within a catastral community, a distinction is made between above-average "A", average "B" and below-average "C" position.

(2) An above-average situation shall be assumed if the object is in a preferred area in relation to the possible type of use and has a very good connection.

(3) An under-average situation shall be assumed if the object is situated in a less-favoured area in relation to the possible type of use and has a poor connection.

Construction State

§ 6. (1) In the cases referred to in § 3 (2), in the case of buildings and home-property objects, the construction condition must be indicated with the category above-average "1", on average "2" or below-average "3" using the number indicated.

(2) An above-average construction condition shall be assumed in the case of a newly built or general-sanctioned structure or a residential property.

(3) An under-average construction condition shall be assumed if an ordinary use of the building or residential property requires remediation measures in the area of the building substance.

Beneficiaries

§ 7. The preferential treatment according to § 26a (1) GGG is at the beginning of the entry, upon insertion in the ERV in the input at a slightly conspicuous place, with reference either to § 26a paragraph 1 Z 1 GGG or to § 26a para. 1 Z 2 GGG and with reference to the reduced the basis for the assessment of the survey. To the extent that the party does not rely on 30% of the value of the right to be incorporated as a base of assessment, the stated tax base refers to the three-fold unit value.

§ 8. (1) If the party is based on the threefold unit value as the basis of assessment, it shall submit the declaration of unit value or otherwise appropriate certification means on the unit value of the transferred property at the request of the court.

(2) The party shall be based on 30% of the value of the right to be registered as the basis of assessment, and § § 1 to 6 shall apply.

§ 9. (1) The conditions for the reduction of the tax base shall be verified by appropriate documents in the original or in copy.

(2) In the cases of Section 26a (1) (1) (1) GGG, suitable documents are, in particular, civil status documents, judicial or administrative decisions or confirmations and notarial documents. In the case of the life community, the existence of the conditions must be proven by confirmations of a main residence which the life-endangerment members have or had in common.

(3) In the cases of Section 26a (1) (2) of the GGG (GGG), the requirements must be proven by the relevant contract documents and by reference to the company's book or company's book extracts.

Exemption from charges

§ 10. If a total exemption from the registration fees is used, the information on the value of the right to be registered, including the information and certificates required for this purpose (§ § 1 to 6), shall only be made on behalf of the court. if there is any doubt about the existence of the conditions of exemption.

entry into force

§ 11. This Regulation shall enter into force on 1 February 2014. It shall apply to all basic booking entries in which the registration fee in accordance with § § 26, 26a GGG in the version of the basic booking fee novella, BGBl. I No 1/2013.

Brandstetter