Land Register Amendment To 2012 - Gb-Nov 2012

Original Language Title: Grundbuchs-Novelle 2012 – GB-Nov 2012

Read the untranslated law here: https://www.global-regulation.com/law/austria/2997559/grundbuchs-novelle-2012--gb-nov-2012.html

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30 Federal law, with which the General Constitution 1955 book, the basic book conversion law, the real estate law of Division of, the construction law Act, certificate deposit law, the condominium Act 2002, the 1st euro-legal monitoring law and civil procedure are changed (land register amendment to 2012 - GB-Nov 2012)

The National Council has decided:

Table of contents



Article 1 amendment of the General Constitution of the book 1955 article 2 change of the basic book conversion law article 3 change of the real estate law of of Division of article 4 amendment to the construction law Act article 5 amendment of the deposit Act of of certificate of article 6 amendment to the condominium Act 2002 article 7 amendment of the 1st euro-justice accompanying Act article 8 amendment of civil procedure article 9 transitional provision Article 1

Change of the general basic book Act 1955

The General Constitution of the book in 1955, BGBl. No. 39, last amended by Federal Law Gazette I no. 58/2010, is amended as follows:

1 the following sentence is added to in section 27, paragraph 1:

"You must also be perfectly readable and for inclusion in the certificate database (§ 2 para 4 GUG) be suitable."

The following paragraph 4 is added to § 2. 53:

"(4) the consent of the owner to the annotation of a proposed sale or pledge can be explained in a special document (Declaration of rank order). In this case, the signature on the Declaration of the hierarchy must be legal or notary; the application itself requires no certified signature. Due to the Declaration of a pecking order, a note of the order can be made only once in each of the base of paper is listed. The precedence Declaration is not in the document collection to take."

3. paragraph 54:

"§ 54. Only a copy shall be issued by the decision with which the application shall be granted; Last sentence GOG article 79, paragraph 1 is not applicable. The copy is to be provided with confirmation of the completed note."

4. in article 56, paragraph 1, the third movement is eliminated.

5. in article 57, paragraph 3, the second sentence is omitted.

6. According to article 57, the following section 57a and heading shall be inserted:

"Note the rank order for the benefit of a specific person

§ 57a. (1) the owner may require the annotation of the intended sale or pledge to a certain person. In this case are the paragraphs 53, 55, 56 and 57 shall apply, that the execution of the decision for the registration of the right or the deletion, the pecking order is been noted for that, all the annotation must not be presented.

(2) an application can be made referred to in paragraph 1 with the consent of the owner (section 53 para 4) by the person in whose favour the order of precedence should be noted. Such a request must be submitted within one year after the Declaration of the pecking order.

(3) a note can be transferred pursuant to par. 1 with rank-wahrender effect on another person (note the transmission of rank order). The note of transmitting the order requires the approval of the current to take advantage of the ranking entitled where the signature on the Declaration of consent requires the Court or notarial attestation. Application note transmitting the pecking order is possible by the assignor or by the new owner.

(4) an order referred to in paragraph 1 may be issued also for the benefit of a lawyer or notary as trustee. In this case the trustee can apply for exploitation of the pecking order for the benefit of a person represented by him without proof of consent the transfer pursuant to paragraph 3."

7 paragraph 82a is amended as follows:

(a) in paragraph 3, the first and the second sentence be replaced by the following sentence:

"The order to eliminate an illness of of form of is to grant in writing."

(b) after paragraph 5 shall be added following paragraph 6 and 7:

"(6) if the applicant wants to do not comply with a court order to improve an illness of of form of, he shall within the deadline to improve, that he sought a decision on the merits of his request; was reset the application to the improvement, he is together with this declaration once again to present the Court.

(7) neither improving nor a declaration in the sense of paragraph 6, takes place within the set time limit, the application shall be deemed withdrawn. This legal consequence is noted in the order to eliminate the illness of of form of."

8 paragraph 83:

"§ 83. Basic book requests are usually written to install. In simple cases only requests to log can be explained."

9 paragraph 84:

"§ 84. In any basic book request are the reason book Court in which it is to present, as well as the name and surname, date of birth and the place of residence of the applicant and the persons are to indicate, to communicate the registration; for legal entities the names next to them are, to specify the Vereinsregister (ZVR-number) number for entities that are registered in the company register, commercial register number and domestic clubs."

10 paragraph 86:

"§ 86. Several entries that are due the same certificate, the registration of a right in several basic book deposits and the registration of multiple rights in a basic paper liner or a minimum share is connected to the residential property, can be sought with a single application."

11. in paragraph 119, the previous text receives the sales designation (1); the following paragraph 2 is added:

"(2) the persons referred to in paragraph 1 to verständigenden do without delivery of the mentioned decisions. For the document, explaining the absence of delivery, article 31 shall apply mutatis mutandis. "The decision applies the term with that day as to where the Court has ruled (§ 95 subsection 1)."

12 § 131 para 2 lit. c is as follows:



"(c) a lien being whose value does not exceed EUR 1 000, provided that the registration of the right occurred more than 40 years prior to the date of the examination of the relative."

13 the following paragraph 5 is added to § the 137:

"(5) § 27 para 1, § 53 para 4, § 54, § 56 para 1, § 57 para 3, § 57a, section 82a, para 3, 6 and 7, section 84, section 86, § 119 and section 131 paragraph 2 as amended by Federal Law Gazette I no. 30/2012 will take 1 may 2012 effect." section 83 as amended by this federal law shall enter into force 1 November 2012. Documents dated before May 1, 2012, on the basis of which a bücherliche registration should happen just comply with the statutory provisions applicable up to the entry into force of this federal law. This applies also, if only one of the contract was signed before May 1, 2012."

Article 2

Modification of the basic book conversion law

The basic book conversion law, BGBl. No. 550/1980, as last amended by Federal Law Gazette I no. 52/2009, is amended as follows:

1. in paragraph 5, after paragraph 2, the following paragraph 2a is inserted:

"(2a) are only in accordance with the technical possibilities to provide copies of plans from the document collection. As far as a granting of copies is not possible, is to grant. the insight on demand with the help of adequate technical devices"

2. in paragraph 8a of the previous text receives the sales designation (1); the following paragraph 2 is added:

"(2) the request is possible for all real estate or real estate shares of the real estate group at one of the basic paper dishes, in whose area a real estate or a share of the real estate is located. This Court also decides on the indicates of the affiliation of in the jurisdiction of other basic paper dishes of lying real estate or property shares to the property group."

3. in section 10, paragraph 2, second sentence is inserted after the phrase "Multiple inputs tabled," the twist "that 18 c contain according to § 18a up section, no proposals".

4 the following sentence is added to section 18 c:

"Both courts would have to take a write-down, that those courts for all drain and attributions of responsibility, in which the application is made is so."

5. pursuant to paragraph 18c, 18 the following section d along with heading shall be inserted:

"Note the ranking

§ 18 d. The Federal Minister for Justice may GBG for ranking decisions according to § 54 1955 in accordance with the technical possibilities as well as taking on a protection against abuse by regulation a procedure provide for exploitation of the pecking order, is not required when the a template of ranking decision (electronic ranking decision)."

6 paragraph 2 the following sentence is added to section 24 c:

"The depreciation of individual real parts from a railway contribution and its write-up in the General land the reason book Court as the registration Court in the sense of § 18 c is responsible for however, in whose jurisdiction is located the to write off part of the plot."

7 in article 30 be added following paragraph 7 to 9:

"(7) § 5 para 2a, § 8a, section 10 para 2, § 18c, § 18 d and § 24c para 2 as amended by Federal Law Gazette I no. 30/2012 will take 1 may 2012 effect."


(8) Article 8a, paragraph 18c and § 24c para 2 as amended by Federal Law Gazette I 30/2012 are to apply only as far as the land register I no. 100/2008 is electronically written to after paragraph 2a in the version of Federal Law Gazette.

(9) the spelling of the name or the company of a natural or legal person due to lack of use diacritic marks registered at the time of the electronic transcription according to § 2a in the land register is not the actual spelling of this name or this company, is the spelling at the request to correct. Such is exempt from court fees when it contains no other requests and indicated on the fee exemption under that provision."

Article 3

Change of the real estate law of of Division of

The real estate Division Act, Federal Law Gazette No. 3/1930, last amended by Federal Law Gazette I no. 100/2008, is amended as follows:

1. Article 2 is amended as follows:

(a) paragraph 1 the following sentence is added:

"In a basic book request only the implementation of a plan may be desires."

(b) in paragraph 2, the phrase is omitted in the second sentence ", they are also not to the document collection (§ 1 GBG 1955) to take".

2. paragraph 3 para 3:

"(3) a note of the order prevents the depreciation, if not either the copy of the decision all the annotation or the notarized consent of presented the order of precedence (section 57a subsection 3 GBG 1955) is noted for, or a lawyer or notary as a trustee makes the application (section 57a subsection 4 GBG 1955)."

3. According to article 3, the following paragraph 3a is inserted:

'section 3a. A depreciation of a dominant plot, the applicant has to specify whether the easement also refers to the separator. This specification is missing so the registration of the Covenant with regard to the separation of has to be avoided."

4. paragraph 4 section 4:

"(4) the provisions of § 3 par. 2 and 3 are to apply mutatis mutandis to the lastenfreie depreciation."

5. first sentence is § 18:

"The decision on the down and write-up was made on the basis of this certification, the plan underlying the application form as well as any surveys of the Court."

6. in article 20, paragraph 1, last sentence is replaced by the phrase "in terms of the land" the twist "in the book body".

7 paragraph 32:

"§ 32. Appeals against decisions relating to the application of a party to permit a grundbücherlichen entry, including such requests, which were recorded by the Survey Office, depends on the provisions of §§ 122 et seq. GBG 1955. The principles of the procedure except for disputes apply to appeals against other decisions on the matters governed by this federal law. According to § 18 upheld an appeal against a decision, the previous status of the land register only in respect of the land is so after legal effect of the decision to restore the encumbering rights of appeals affiliate of it."

8 § 35 is repealed.

9 the following paragraph 6 is added to the section 39:

"(6) § 2, § 3, para. 3, § 4 para 4, § 18, § 20 para 1 and article 32 as amended by Federal Law Gazette I no. 30/2012 will take 1 may 2012 effect." § 3a as amended by this federal law effective with November 1, 2012."

Article 4

Amendment to the construction law Act

The construction law Act, RGBl. No. 86/1912, amended by Federal Law Gazette I no. 111/2010, is amended as follows:

1. paragraph 13:

"§ 13. Certificates are the application for registration of the building right to the notices of payment due and collection of taxes to be paid by the property and other public duties appointed bodies about to join that no claims exist that enjoy a preferential right before the mortgage right entered in the land register. These documents must at the time of application not older than three months."

2. section 14 is repealed.

3. before article 20, title of IV is section:

"IV. final provisions"

4. According to article 20, the following paragraph 21 is attached:

"§ I 30/2012 No. 21 § 13 as amended by Federal Law Gazette 1 may 2012 into force and is to apply to proceedings where the proceedings introductory application was made after April 30, 2012. The heading before section 20 in force may 1, 2012. § 14 occurs at the end of the April 30, 2012 override."

Article 5

Amendment of the deposit Act of of certificate of

The deposit law of certificate of, BGBl. No. 326/1974, amended by Federal Law Gazette I no. 111/2010, is amended as follows:

1. in article 12, paragraph 3, the phrase to"own hands" is replaced by the phrase "with proof of delivery" and added the following sentence:

"The delivery of a replacement receiver is allowed."

The following paragraph 5 is added to § 2. 41:

"(5) section 12 para 3 as amended by Federal Law Gazette I 30/2012 No. 1 may 2012 into force and is to be applied when the delivery order is issued after April 30, 2012."

Article 6

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. 111/2010, is amended as follows:

1 the following paragraph 4 is added to § the 3:

"(4) If for every the future homeowners already before the condominium grounds either joint ownership of a share of the property incorporated into or the annotation of the granting of apartment ownership of a share is registered, she can be done with the consent of all this co-owner and condominium applicants as well as the book entitled necessary modification of the existing co-ownership shares 1955 GBG for establishing the necessary co-ownership (§ 2 para. 9) by allowance by way of analogous application of § 136 paragraph 1. The consent of a book entitled, which are registered in the rank after a note of granting residential property is not required for the correction. As far as the note of the provision of home ownership is registered in favor of a condominium applicant, is the adjustment in the rank of the commitment to make. Bücherliche rights, imposed on the co-ownership shares, refer to readily corrected co-ownership shares."

2. paragraph 10 par. 3 and 4:

"(3) to on the basis of a court (§ 9 para 2 and 3) or consensual (§ 9 para 6) the co-ownership shares changed commercial value setting, so can this at already einverleibtem home ownership allowance by way of analogous application of § 136 paragraph 1 GBG 1955 be done by." If the amending any of the co-ownership shares at a change of more than 10%, it is even one of the co-owners is affected by the change request to make; a consent of the other co-owners or book entitled there is no need in this case. Is, however, a co-ownership share % changed by the allowance by more than 10, the adjustment only with the consent of all co-owners and of those book entitled is allowed, have the rights to a co-ownership is less represented by the correction. Bücherliche rights imposed on the co-ownership shares, refer easily to the corrected co-ownership shares.

(4) the conditions referred to in the preceding paragraph an allowance by way of analogous application of § 136 paragraph 1 not available GBG in 1955, the co-owner amending the co-ownership shares according to a judicial or amicable commercial value setting have to assume co-ownership shares each other to such an extent and to transfer, that the minimum share of required now for his condominium object comes to each apartment owner. Due to lack of non-agreed remuneration, a reasonable fee can be paid for the acquired co-ownership shares. The costs arising from the transaction and charges has the co-owner to carry a co-ownership share is transferred."

3. According to paragraph 58a, the following paragraph is added to 58 b and heading:

"Transitional provisions to the land register Act 2012

section 58 b. (1) section 3 para 4 and article 10 par. 3 and 4 as amended by Federal Law Gazette I no. 30/2012 apply with may 1, 2012.

(2) section 3 (4) is to apply when the request for incorporation of home ownership is made after April 30, 2012.

(3) section 10 is to apply, in the case of a judicial determination of commercial value in guided procedure has ended after April 30, 2012, or in the case of a consensual determination of commercial value, the new opinion was given after April 30, 2012. par. 3 and 4 as amended"

Article 7

Change of the 1st euro-justice support act

The 1st euro-justice collateral law, Federal Law Gazette I no 125/1998, as last amended by the Federal Act Federal Law Gazette I no. 2/2008 is amended as follows:

1 § 5, the following paragraph 4 is added to article I:

"(4) registrations on Schilling or other units of currency, which have been in the euro, are also not allowed if such a registration is to be changed. "In this case, the amount in euro to be changed are in the application to convert the amount of change to specify in euro and apply for registration on the resulting euro amount."

2. Article X § 1 the following paragraph 4 is added:


"(4) article I I no. 30/2012 section 5 (4) in the version of Federal Law Gazette 1 may 2012 into force and is to apply to proceedings where the proceedings introductory application was made after April 30, 2012."

Article 8

Amendment of the code of civil procedure

The civil procedure RGBl. No. 113/1895, as last amended by Federal Law Gazette I no. 108/2011, is amended as follows:

§ 126 is as follows:

"126. (1) the beginning and running by statutory and judicial time limits not be obstructed by Saturdays, Sundays, holidays or the good Friday.

"(2) the end of a period on a Saturday, Sunday or a holiday or good Friday, falls the next day is not, one of these days is to be regarded as the last day of the period."

Article 9

Transitional provision

Article 8 this federal law (§ 126 ZPO) comes into force on January 1, 2012.

Fischer

Faymann