Land Register Amendment To 2012 - Gb-Nov 2012

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

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30. federal law, with which the General Basic Law Act 1955, the Land Law Enforcement Act, the Law on Property Law, the Law on Civil Law, the Law on Property Law, the Housing Law 2002, the First Law of the Law of the Law of the Republic of Germany, the Law of the Law of the Law of the Republic of Germany. Euro-Justice-Accompanying Act and the Code of Civil Procedure to be amended (Grundbuchs-Novelle 2012-GB-Nov 2012)

The National Council has decided:

table of contents

Article 1

Amendment of the General Basic Law of 1955

Article 2

Amendment to the Basic Accounting Act

Article 3

Amendment of the Liegenschaftsteilungsgesetz

Article 4

Amendment of the Construction Law Act

Article 5

Amendment of the Law on Authentic Filing

Article 6

Amendment of the Housing Property Act 2002

Article 7

Change of 1. Euro-Justice-Accompanying law

Article 8

Amendment of the Code of Civil Procedure

Article 9

Transitional provision

Article 1

Amendment of the General Basic Law of 1955

The General Basic Buchsgesetz 1955, BGBl. N ° 39, as last amended by the Federal Law BGBl. I n ° 58/2010, is amended as follows:

1. The following sentence shall be added to Article 27 (1):

"They must also be legibly legible and suitable for inclusion in the database of documents (§ 2 para. 4 GUG)."

(2) The following paragraph 4 is added to § 53:

" (4) The consent of the owner to the remark of an intended sale or pledge may also be explained in a special document (Order of the Order of the Order). In this case, the signature must be certified by a court or notary on the order of precedence; the application itself does not require a certified signature. On the basis of a declaration of rank order, only one remark of the order of precedence can be made in each of the basic book bodies mentioned therein. The order of precedence is not to be included in the collection of documents. "

§ 54 reads:

" § 54. Only one copy may be issued from the decision to grant the application; § 79 (1) of the last sentence of GOG shall not be applied. The copy shall be accompanied by the confirmation of the complete remark. "

4. The third sentence is deleted in Section 56 (1).

5. In § 57 (3), the second sentence is deleted.

6. In accordance with § 57, the following § 57a with headline is inserted:

" The ranking in favour of a particular person

§ 57a. (1) The owner may also request the comment of the intended divestment or pledge to a particular person. In this case, § § 53, 55, 56 and 57 shall apply with the proviso that the copy of the decision granting the notice for the registration of the right or the deletion, for which the order of precedence has been noted, shall not be submitted must be.

(2) An application pursuant to paragraph 1 may also be filed with the consent of the owner (Section 53 (4)) by the person in whose favour the order of precedence is to be noted. Such a request must be made within one year of the issuing of the order declaration.

(3) A remark referred to in paragraph 1 may be transferred with a rangtruing effect to another person (note of the transfer of the order of precedence). The remark of the transfer of the order of precedence requires the approval of the former to use the order of precedence, whereby the signature requires the consent declaration of the judicial or notarial certification. The request for resignation of the order of precedence may be made by the former or the new beneficiary.

(4) A ranking in accordance with paragraph 1 may also be issued in favour of a lawyer or notary as trustee. In this case, the trustee may request the exploitation of the order of precedence in favour of a person represented by him without proof of the consent of the transfer pursuant to paragraph 3. "

7. § 82a is amended as follows:

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

"The order for the elimination of a form-bearing shall be given in writing."

(b) In accordance with paragraph 5, the following paragraphs 6 and 7 are added:

" (6) If the applicant does not wish to comply with a court order for the improvement of a form accounting, he shall declare, within the time limit set for improvement, that he or she wishes to make a decision on his/her application; if the request for improvement has been set back, it shall be submitted to the General Court again in conjunction with this declaration.

(7) In the absence of an improvement or a declaration within the meaning of paragraph 6 within the time limit laid down, the application shall be deemed to be withdrawn. This legal sequence shall be referred to in the order for the elimination of the form of fraying. "

8. § 83 reads:

" § 83. Applications for basic applications shall normally be made in writing. It is only in simple cases that applications can be explained in the Minutes. "

9. § 84 reads:

" § 84. In each application, the Court of Appeal in which it is to be submitted and the first and last names, the date of birth and the place of residence of the applicant and of the persons to be informed of the discharge shall be stated; in the case of legal proceedings, the applicant shall be informed of the Persons are the names to which they are entitled, in the case of legal entities registered in the company register, also the company book number, and in the case of domestic associations also the number of registered offices (ZVR-number). "

§ 86 reads as follows:

" § 86. A number of entries justified by the same document, the registration of a right in several basic book deposits and the registration of a number of rights in a basic or a minimum share, linked to the home ownership is, can be covted with a single application. "

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

" (2) The persons to be agreed in accordance with paragraph 1 may waive the notification of the decisions referred to therein. § 31 shall apply mutatily for the document in which the renunciation of delivery is declared. The decision shall be deemed to have been notified to the embellient with the date on which the court has decided (Article 95 (1)). "

12. § 131 (2) lit. c is:

" (c)

is a lien, the value of which does not exceed EUR 1 000, provided that the registration of the right is more than 40 years before the date of the examination of the non-opposition. "

13. The following paragraph 5 is added to § 137:

" (5) § 27 (1), § 53 (4), § 54, § 56 (1), § 57 (3), § 57a, § 82a (3), (6) and (7), § 84, § 86, § 119 and § 131 (2) in the version of the Federal Law BGBl. I n ° 30/2012 will enter into force on 1 May 2012. § 83 in the version of this Federal Law will enter into force on 1 November 2012. Before 1 May 2012, documents dated to the date of which a bookable registration is to be made must correspond only to the statutory provisions in force until the entry into force of this Federal Act. This shall also apply if only one of the declarations of the contract was underwritten before 1 May 2012. "

Article 2

Amendment to the Basic Accounting Act

The Basic Accounting Law, BGBl. No 550/1980, as last amended by the Federal Law BGBl. I n ° 52/2009, shall be amended as follows:

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

" (2a) The copies of plans from the collection of documents shall be issued only in accordance with the technical possibilities. In so far as the issuing of copies is not possible, the inspection shall be granted on request with the assistance of appropriate technical devices. "

2. In § 8a, the previous text receives the sales designation "(1)" ; the following paragraph 2 is added:

" (2) The application may be made for all the real estate or property shares of the Liegenschaftsgruppe in one of the basic buoy courts, in whose sprinkles a property or a property share is located. This court also decides on the making-up of the affiliation of real estate or property shares in the sprengel of other basic book courts to the lieder group. "

3. In § 10 para. 2, second sentence, after the turn "multiple inputs," the twist "which do not include applications in accordance with § 18a bis § 18c," inserted.

4. The following sentence is added to § 18c:

"If both courts had to make a write-off, that court would be responsible for all the detentions and attributions at which the application was made."

5. According to § 18c, the following § 18d with headline is inserted:

" Note of the order of precedence

§ 18d. According to § 54 GBG 1955, the Federal Minister for Justice can use a procedure for the exploitation of the order of precedence in accordance with § 54 GBG 1955 in accordance with the technical possibilities as well as in the case of a safeguard against misuse by the regulation. where a presentation of the order decision is not required (electronic order decision). "

6. The following sentence shall be added to section 24c (2):

" However, for the depreciation of individual pieces of land from a railway inlay and their entry into the general land register, the Basic Court of Appeal is responsible as a court of clerk in the sense of § 18c, in the course of which the person to be written to write Part of the plot. "

7. the following paragraphs 7 to 9 shall be added to § 30:

" (7) § 5 (2a), § 8a, § 10 sec. 2, § 18c, § 18d and § 24c (2) in the version of the Federal Law BGBl. I n ° 30/2012 will enter into force on 1 May 2012.

(8) § 8a, § 18c and § 24c (2) in the version of the Federal Law BGBl. I n ° 30/2012 are to be applied only to the extent that the land register according to § 2a in the version of the Federal Law BGBl. I n ° 100/2008 is electronically rewritten.

(9) The spelling of the name or the company of a natural or legal person, registered at the time of the electronic rewriting pursuant to § 2a in the land register, does not result in the actual use of diacritic characters. The spelling of this name or company, the spelling of the application must be corrected. Such input shall be exempted from court fees if it does not contain any other requests and is referred to the use of the fee exemption pursuant to this provision. "

Article 3

Amendment of the Liegenschaftsteilungsgesetz

The Liegenschaftsteilungsgesetz, BGBl. No. 3/1930, as last amended by the Federal Law BGBl. I n ° 100/2008, shall be amended as follows:

1. § 2 shall be amended as follows:

(a) the following sentence shall be added to paragraph 1:

"Only the implementation of a plan may be sought in a basic booking request."

(b) In the second sentence, the phrase in paragraph 2 is deleted " , they are also not to be taken to the collection of documents (§ 1 GBG 1955) " .

2. § 3 (3) reads:

" (3) A remark of the order of precedence shall prevent the depreciation, unless either the copy of the decision approving the remark or the certified approval of the latter is presented for which the order of precedence is noted (Section 57a (3) of the GBG). 1955), or an attorney or notary as trustee (§ 57a paragraph 4 GBG 1955). "

3. In accordance with § 3, the following § 3a is inserted:

" § 3a. In the case of a depreciation of a dominant property, the applicant shall indicate whether the basic service is also related to the separation piece. In the absence of such an indication, the registration of the basic service in relation to the separating piece shall be omitted. '

4. § 4 (4) reads:

"(4) The provisions of Section 3 (2) and (3) shall apply in a reasonable way to the non-load-free depreciation."

§ 18, first sentence reads:

"The decision on depreciation and amortiation shall be taken on the basis of this assessment, the plan on which the application is based, and any surveys carried out by the Court of First Instance."

6. In § 20 (1), last sentence, the turn "in the basic book body" through the turn "with regard to the land" replaced.

§ 32 reads:

" § 32. In accordance with the provisions of § § 122 et seq., the dispute resolution of decisions relating to the request of a party for the approval of a basic book registration, including such requests, which have been assessed by the surveying office, is governed by the provisions of § § 122 et seqq. GBG 1955. The principles of the procedure except disputes shall apply to any other decisions relating to matters governed by this Federal Act. If a recourse against a decision pursuant to section 18 is granted, the former basic-book stand shall be re-established only in respect of the land in which the rights of the recursmaker are entitled to the right to be established. "

8. § 35 shall be repealed.

9. The following paragraph 6 is added to § 39:

" (6) § 2, § 3 para. 3, § 4 para. 4, § 18, § 20 paragraph 1 and § 32 in the version of the Federal Law BGBl. I n ° 30/2012 will enter into force on 1 May 2012. § 3a in the version of this Federal Law will enter into force on 1 November 2012. "

Article 4

Amendment of the Construction Law Act

The Construction Law Law, RGBl. No. 86/1912, as last amended by the Federal Act BGBl. I n ° 111/2010, is amended as follows:

1. § 13 reads:

" § 13. The request for registration of the building's right shall be followed by certificates of the taxes and other public levies appointed for the purposes of the amoration and recovery of the taxes and other public duties to be paid by the property, that no claims shall be made , which enjoy a preferential right before the Pfandprivileges entered in the land register. These certificates may not be older than three months at the time of submission of the application. "

2. § 14 is repealed.

3. The title of the IV is before § 20. Section:

" IV. Final provisions "

4. In accordance with § 20, the following § 21 is added:

" § 21. § 13 in the version of the Federal Law BGBl. I n ° 30/2012 will enter into force on 1 May 2012 and shall apply to proceedings in respect of which the application for proceedings was submitted after 30 April 2012. The heading before § 20 will enter into force on 1 May 2012. § 14 shall expire on 30 April 2012. "

Article 5

Amendment of the Law on Authentic Filing

The Law Deposit Deposit Act, BGBl. No 326/1974, as last amended by the Federal Law BGBl. I n ° 111/2010, is amended as follows:

1. In Section 12 (3), the word order shall be "To own Handen" through the phrase "with proof of delivery" replaced and the following sentence added:

"Delivery to a replacement recipient shall be permitted."

(2) The following paragraph 5 is added to § 41:

" (5) § 12 para. 3 in the version of the Federal Law BGBl. I No 30/2012 shall enter into force on 1 May 2012 and shall be applicable if the delivery order is issued after 30 April 2012. "

Article 6

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 n ° 111/2010, is amended as follows:

(1) The following paragraph 4 is added to § 3:

" (4) If, for each of the future owners, the co-ownership of a share of the property is already incorporated in the property owner's foundation or the remark on the granting of home ownership is registered in a share, may, with the consent of all those co-owners and home owners and the authorized persons, the necessary modification of the existing co-ownership shares required for the creation of the necessary co-ownership shares (section 2 (9)) by rectification in the application of Section 136 (1) of the German Law Gazette (GBG) in 1955. However, the approval of bookholders who are registered in the rank following a remark on the granting of home ownership is not required for the correction. In so far as the remark on the granting of housing is registered in favour of a housing owner, the correction shall be made in the rank of the pledge. Bookable rights, which weigh on the co-ownership shares, relate without further ado to the corrected co-ownership. "

2. § 10 (3) and (4) reads:

" (3) If the co-ownership shares are to be changed on the basis of a judicial (§ 9 para. 2 and 3) or consensual (§ 9 para. 6) value fixing, this can be done in the case of already incorporated home ownership by rectification in a reasonable way. Application of Section 136 (1) of the GBG 1955. If the correction does not lead to a change of more than 10 vH in the case of any of the co-ownership shares, it shall, at the request of the other co-owners, be subject only to one of the co-owners concerned by the amendment; or In this case, there is no need for bookable persons. If, on the other hand, a share of co-ownership is changed by the correction by more than 10 vH, the correction shall be admissible only with the consent of all co-owners and those entitled to book, who have rights to a co-ownership of the property, which shall be subject to the Rectification becomes smaller. Bookable rights that weigh on the co-ownership share are easily related to the reported co-ownership shares.

(4) In accordance with the provisions of Section 136 (1) of the GBG 1955, the co-owners for the amendment of the co-ownership share in accordance with a judicial or judicial review shall not be subject to the conditions set out in paragraph 136 (1) of the GBG 1955. Consensual value determination to take over co-ownership shares to such an extent and to transfer that to each apartment owner of the minimum share now required for his property ownership object. In the event of a lack of agreed gratuity, an appropriate fee shall be paid for the acquired co-ownership shares. The costs and charges incurred as a result of the individual transfer shall be borne by the co-owner, to whom a co-ownership share will be transferred. "

3. In accordance with § 58a, the following § 58b and title shall be added:

" Transitional provisions for the Grundbuchs-Novelle 2012

§ 58b. (1) § 3 (4) and § 10 (3) and (4) in the version of the Federal Law BGBl. I n ° 30/2012 will enter into force on 1 May 2012.

(2) § 3 para. 4 shall apply if the application for the incorporation of the property is filed after 30 April 2012.

(3) § 10 (3) and (4), as amended, shall apply if, in the case of a court value determination, the proceedings have ended after 30 April 2012 or, in the case of a consensual value establishment, the new one shall be subject to the new Opinions after 30 April 2012 have been reimbursed. "

Article 7

Change of 1. Euro-Justice-Accompanying law

The 1. Euro-Justice-Accompanying Act, BGBl. I n ° 125/1998, as last amended by the Federal Law BGBl. I n ° 2/2008, shall be amended as follows:

1. The species. In Article 5, the following paragraph 4 is added:

" (4) entries on schilling or other currency units which have been entered into the euro shall not be permitted even if such registration is to be amended. In such a case, the amount to be changed shall be converted into euro at the request of the amendment, the amount of the change in euro and the registration of the euro amount to be applied for. "

2. The Art. X § 1 is added to the following paragraph 4:

" (4) Art. I § 5 (4) in the version of the Federal Law BGBl. I n ° 30/2012 shall enter into force on 1 May 2012 and shall apply to proceedings in respect of which the application for proceedings was submitted after 30 April 2012. "

Article 8

Amendment of the Code of Civil Procedure

The Civil Procedure Code, RGBl. No. 113/1895, as last amended by BGBl. I No 108/2011, shall be amended as follows:

§ 126 reads:

" § 126. (1) The beginning and running of legal and judicial deadlines shall not be hindered by Saturdays, Sundays, public holidays or Good Friday.

(2) If the end of a period falls on a Saturday, Sunday, public holiday or Good Friday, the next day, which is not one of the days mentioned above, shall be considered the last day of the period. "

Article 9

Transitional provision

Article 8 of this Federal Act (§ 126 ZPO) shall take place at 1. Jänner 2012 in force.

Fischer

Faymann