100. Federal Law, with which the General Basic Law Act 1955, the Basic Accounting Act, the Liegenschaftsteilungsgesetz, the Certificates Deposit Act, the General Civil Code, the Court Fees Act and the Surveying Act changed (Grundbuchs-Novelle 2008-GB-Nov 2008)

The National Council has decided:

Article I

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 No 112/2003, shall be amended as follows:

1. § 27 (2) reads:

" (2) You must also include such a name of the persons involved in the legal business, that they cannot be confused with others; in the case of natural persons, the date of birth must be stated, in the case of legal entities which in the case of The company's book is registered, the company's book number, and in the case of domestic clubs the number of registered offices (ZVR-number). "

2. The following paragraph 3 is added to § 27:

"(3) In addition, these documents shall contain the indication of the place, day, month and year of the copy of the document."

3. § 31 (6) reads:

" (6) In addition, on the basis of documents issued by a Machthabers, an award against the power giver may be granted only if the power of atonation made by it is either of the particular business or not earlier than three years before the A request for the award is issued or a precautionary exercise in the sense of § 284f ABGB is. "

4. In § 33 para. 1 lit. d becomes the word sequence " as well as the response and confirmation documents of the Abaction Authorities (§ § 177 and 178 of the Imperial Patent of August 9, 1854, RGBl. No. 208) " through the phrase "as well as the resolutions and the official confirmations of the Court of Inheritance (§ § 178 and 182 of the External Strings Act)" replaced.

5. According to § 82, the following § 82a shall be inserted together with the heading:

" 5. Elimination of formal infirmaries

§ 82a. (1) In the event of a request for a form break which is likely to prevent proper treatment, the applicant shall be instructed to eliminate the formal infirmation within one week at the latest. If this is necessary for the removal of the form accounting, it shall be returned to the application at the same time as the application. If the order is complied with within the time limit (§ 81), it is not necessary to take care of the form-breaking in the treatment of the application. A re-submitted application shall be deemed appropriate on the day of its first entry. Requests for remark of the order of rank cannot be improved.

(2) In particular, it is to be considered as an improved form of form-breaking if the application is not a document required for the completion of the application or, if required, is not attached to the original document. Certificates may be submitted only if they were already established at the time the application was first submitted in the form required for the desired registration.

(3) The order for the elimination of the form accounting may be issued orally or in writing. If it is given orally, this shall be recorded in a note. If the application is returned, a copy of the pleadings shall be withheld in court.

(4) The order for the improvement of a form accounting may not be challenged by a legal remedy. It shall not be required if the request were to be dismissed in the event of the removal of the form of formal account.

(5) Where a recourse against the dismissal of an application claims that the applicant would have been instructed in the sense of paragraph 1 above, the recourse must also eliminate the formal infirmity. "

6. The last sentence of § 98 reads:

"In the case of natural persons, the date of birth must also be listed, in the case of legal entities registered in the company register, the company's book number and, for domestic clubs, the number of registered offices (ZVR number)."

7. § 137 shall be added to the following paragraph 4:

" (4) § 27 (2) and (3), § 31 (6), § 33 (1), § 82a and § 98 in the version of the Federal Law BGBl. I n ° 100/2008 is 1. Jänner 2009 in force. Before the 1. Certificates dated January 2009, on the basis of which a bookable registration is to be made, only have to comply with the statutory provisions in force at that time. "

Article II

Amendment to the Basic Accounting Act

The Basic Accounting Law, BGBl. No 550/1980, as last amended by the Federal Law BGBl. I n ° 128/2004, shall be amended as follows:

1. According to § 2, the following § § 2a to 2c shall be inserted together with the headings:

" Electronic rewriting

§ 2a. (1) The Federal Minister of Justice can, by means of a regulation, be able to electronically rewrite the data of the basic book ("data migration"). , where appropriate and economically justifiable in the light of technical developments.

(2) In the electronically rewritten insert, the inscription of the circumstance of the rewriting must be made with an indication of the date. At the same time, the original version of the deposit (good stock, ownership and load sheet, but not the inscription) is to be transferred to the list of deleted entries; this is the case in the list of deleted entries. Indication of the rewriting stating the date of entry. This registration and the making-up of the enrolment in the land register shall be made in the course of the computerized data processing without the need for a judicial decision.

(3) In catastral communities, in which separate sections of the main book are conducted for individual parts of the catastral community, the deposit numbers in the path of electronic data processing are the one in the Annex certain basic numbers of the respective department, without requiring a judicial decision. After the electronic rewriting, the separate departments are no longer to be carried out.

(4) For the correction of the rewritten deposits, § 21 shall apply mutagenly. Within six months of the rewriting, the copies of the deposit shall be reproduced in accordance with § 5 and in the case of the basic booking inquiry in accordance with § 6, with the content of the deposit on request, as well as the original version transferred; an increase in the number of copies the court fees accruing for this purpose or Administrative charges do not occur as a result.

(5) The Federal Ministry of Justice shall immediately inform the Edikts file of the enrollees that have been made, specifying the deposits concerned and the relevant date.

Electronic storage of the public good

§ 2b. (1) In catastral communities, for which electronic rewriting is ordered by the regulation according to § 2a, the non-notorious public good stored in the land registry under a deposit number (§ § 287 and 288 ABGB) is in the path of the to the use of automation-supported data processing; a court decision does not require it.

(2) The storage shall be effected under the number of deposits under which the public good is already stored; the entries in the inscription, in the A1 and B-sheets, are not included except for the mention that they are not: The basic book is to be taken over. The inscription shall indicate the circumstance of electronic storage and the date on which it is to be made.

(3) The Federal Ministry of Justice shall immediately inform the Edikts file of the electronic collection that has been made, indicating the deposits concerned and the date of the respective date.

(4) Rights which may be entered in the land register and which exist on the property concerned at the time of electronic storage are not required for entry in the land register.

Registration of the owner of the public good

§ 2c. (1) Persons entitled to the rights of the public good who may be entered in the land register shall be entitled to apply for the registration of the owner.

2. On the request of an owner or a beneficiary, the Court of First Instance shall, on the basis of the principles of the proceedings, maintain the necessary surveys in addition to disputes. In so doing, the Federal Government and the other local authorities, which are part of the property, shall be required to express their opinion on the ownership of such land. Where documents have been deposited for the purpose of acquiring rights in the basic items of application, the persons whose benefit has been deposited shall also be given the opportunity to comment on the basis of the opportunity. In addition, the application in the local communities involved and the inclusion of its essential content in the Editsfile to make public.

(3) In the case of land belonging to different local authorities, the land included in the notorious deposit shall be included in a new deposit for all the property of the owner concerned, unless the land is the owner of the deposit. the creation of separate deposits for certain burdened land or, in respect of individual land not covered by the application, the right of ownership to be contentious. "

2. The title of § 4 reads as follows:

"Auxiliary Directories and Mappes"

3. § 4 (1) reads:

" (1) A list of the addresses of the land (list of addresses) as well as a list of the property groups (group directory) must also be carried out in the land database. The management of the portfolio according to § 3 AllgGAG has to be kept down. "

4. According to Article 4 (1), the following paragraph 1a is inserted:

" (1a) The Federal Minister of Justice may order by means of a regulation that certain persons registered in the register of persons may also be registered in the list of persons, provided that there is a legitimate interest in such additional information in the case of of the basic book inspection and the management of the land database is not unduly hampered by this. "

5. The following paragraph 6 is added to § 5:

"(6) In the light of the technical possibilities, the basic food courts also have to grant access to the catastralmappe; paragraphs 2, 3 and 5 shall apply mutationally."

6. In Section 6 (2), the following Z 1b is inserted after Z 1a:

" 1b.		notaries and lawyers, in order to identify the debtor's rights as a representative of the creditor of a enforceable monetary claim; "

7. According to § 8, the following § 8a is inserted:

" Property Groups

§ 8a. The owner may request that the membership of a number of real estate properties or shares of property belonging to a group of property with a specific name be made clear in the inscription of the deposits concerned; this name may be used in the Land database only once for a property group. "

8. In § 10, the previous text receives the sales designation "(1)" ; the following paragraph 2 is added:

"(2) The relevant date for the submission of an electronic input to the Land Court shall be the date on which the data of the input have been fully entered in the Court of First Instance."

9. According to § 18, the following § § 18a to 18c shall be inserted together with the headings:

" Decision by another as the Situation Court

§ 18a. (1) If a court court has to decide on the registration in a land register which is conducted by another court (situation court), then in the way of electronic data processing, the registration of the land register in the diary is at the same time also to have their registration in the diary of the court of the situation to be ordered.

(2) The decisive court has to decide on the admissibility of the registration also with regard to the level of the land register and to carry out the registration itself. In the registration, the diary number of the decisive court must also be indicated according to the diary number of the situation court.

(3) The rank of the registration shall be determined after the date of the registration of the land register in the diary of the situation court.

Simultaneous mortgages

§ 18b. (1) In the case of simultaneous mortgages (§ 15 GBG), the designation of an insert as the main inlay and the remaining deposits as side deposits shall not be required, but the simultaneous liability shall be noted in all deposits with the respective other deposits.

(2) The application for the registration of a simultaneous mortgage in the case of several basic food courts shall be submitted to one of those courts; the same shall apply to applications relating to such a lien.

Depreciation and amortiation

§ 18c. If the provisions relating to the depreciation and amoration in the sense of § 23 LiegPartG are to be carried out in the books of two courts, the court which is to make the depreciation shall also decide on the amortiation. "

10. After the 3. The following section shall be inserted:

" 3a. Section

Railways

Dissolution of the Railway Book

§ 24a. (1) The electronic rewriting (§ 2a) of the railway book has to be done by transferring the land registered there into the land register of the respective catastral community, in compliance with § § 24b and 24c. The presentation of the rewriting in the electronically rewritten deposit as well as the registration of the mention of the inscription in the list of the deleted entries in accordance with Section 2a (2) are thereby to indicate the indication of the transfer under Indication of the deposits from which the transfer has been carried out.

(2) After the electronic rewriting of the railway book, railways are to be used only in accordance with § § 24b and 24c.

Railway inlays

§ 24b. (1) Land, which is a bookable entity within the meaning of Section 5 of the Railway Book Law (EisBG), RGBl. No. 70/1874, are to be unravaged in each land registry to a land registry. The deposits in which these sites are registered shall be designated as railway inlays in the inscription.

(2) For railway deposits pursuant to this provision, § § 46, 47, 50 to 52 and 54 EisBG apply analogously. The remark of simultaneous liability with the other deposits belonging to the same bookable unit is not required.

(3) In so far as federal legislation relates to deposits of the railway book, they shall also apply, where appropriate, to railway insoles within the meaning of the first paragraph.

Bookable Unit

§ 24c. (1) In each railway installation, membership of a particular bookable unit within the meaning of § 5 of the EisBG (EisBG), stating the name and direction of the railway, and the competent authority responsible for the installation and management of the bookable unit, shall be Basic Court Court (para. 2). § § 2 and 5 to 7 of the EisBG apply to all of the railway insoles belonging to a bookable unit, according to § 44 (1) to (3) and (5) and § 45 (1) to (3) of the EisbBG (EisBG), with the proviso that the position of attributions and amortization the corresponding changes in the note of belonging to a bookable entity.

(2) For the application and management of railway insoles, the Court of Appeal shall have jurisdiction over the respective unit responsible for the installation and management of the railway book.

(3) In the land database, it is necessary to ensure that all railway inlays belonging to a particular bookable unit can be interrogated jointly. "

11. In § 29, the sales denomination of the previous paragraph 1 and paragraph 2 are repealed.

(12) The following paragraphs 3 to 7 are added to § 30:

" (3) § § 2a to 2c, 4, 5 para. 6, § 6 para. 2, § § 8a, 10, 18a to 18c, 24a to 24c, 29 and 31 in the version of the Federal Law BGBl. I n ° 100/2008 is 1. Jänner 2009 in force.

(4) Regulations pursuant to § § 2a and 4 of the Federal Law Gazette of the Federal Republic of Germany (BGBl). I n ° 100/2008 may already be adopted by the date following the presentation of this Federal Law, but they shall not be less than 1. Jänner 2009 effective.

(5) From 1. In January 2009, the railway insoles according to § 3 of the EisBG are to be described as deposits of the railway book.

(6) § § 8a and 18a to 18c in the version of the Federal Law BGBl. I n ° 100/2008 are to be applied only in so far as the land register according to § 2a is electronically rewritten in the version of this federal law; § § 24b and 24c in the version of this Federal Act are to be applied only to the extent that the railroad book according to § 24a in the version of this federal law is electronically rewritten. "

13. § 31 reads:

" § 31. With the enforcement of this federal law, the Federal Minister of Justice is entrusted, in agreement with the Federal Minister for Economic Affairs and Labour, to the extent that the leadership of the land database is touched, and, moreover, in agreement with the Federal Minister of Finance concerning § 29. "

14. The following Annex is added:

Annex to § 2a (3) GUG

Wiener Neustadt	Wiener Neustadt-Vorstadt	0
Wiener Neustadt	Wiener Neustadt-Stadt	20 000
Salzburg	Inner City	0
Salzburg	Outer stone	10 000
Salzburg	Froschheim	20 000
Salzburg	Loans	30 000
Salzburg	Mönchsberg	40 000
Salzburg	Rubbish	50 000
Salzburg	Nonntal	60 000
Salzburg	Riedenburg	70 000
Salzburg	Sonic moss	80 000
Klagenfurt	1. district	10 000
Klagenfurt	2nd district	20 000
Klagenfurt	3. District	30 000
Klagenfurt	4. District	40 000
Klagenfurt	5. District	50 000
Klagenfurt	6. District	60 000
Klagenfurt	7. District	70 000
Klagenfurt	8. District	80 000

Article III

Amendment of the Liegenschaftsteilungsgesetz

The Liegenschaftsteilungsgesetz, BGBl. No. 3/1930, as last amended by the Federal Law BGBl. I No 112/2003, shall be amended as follows:

1. § 2 reads:

" § 2. (1) A plan within the meaning of § 1 may only be carried out in the entirety of the basic booklet.

(2) In the basic booking request, reference should be made to the storage of the plan and the certificate according to § 39 VermG in the business register of the Vermessungsbehörde (Vermessungsbehörde). These documents are not to be attached to the application, they are also not to be taken to the collection of documents (§ 1 GBG). "

2. § 13 reads:

" § 13. (1) If a separating piece or several pieces of separation are to be written off in a load-free way or under the co-transfer of basic services and the conditions for the admissibility of the depreciation under the para. 3 or 4 appear to have been fulfilled, it may be possible to: the surveying authority shall make the request for a bookable implementation, the consent of the bookskeepers for the load-free depreciation and the title of the acquisition of the property.

(2) On the basis of this appraisal and the plan on which the application is based, provided that the conditions set out in paragraphs 3 or 4 are fulfilled, it is necessary to approve the depreciation and ascription. Without prejudice to other conditions, this requires neither the presentation of a document nor the consent or request (§ 4) of the booksmen. However, these are to be understood by the depreciation.

(3) The depreciation of a basic body shall be permissible if the value of the land remaining in the land register is evidently not reduced by more than EUR 2 000 as a result of the depreciation of each individual piece of separation.

(4) In addition, the depreciation of a loaded land-based body shall only be permitted,

1.		if the value of the land remaining in the basic book is not reduced by more than EUR 2 000, as a result of the depreciation as a whole, plus the value of the separating pieces attributed at the same time,
2.		if the sum of the surface contents of the separating pieces does not exceed 5 per cent of the area of the land of the base book body,
3.		where, within a period of five years prior to the approval of the depreciation, no load-free depreciation has been carried out on the basis of this paragraph; and
4.		if the coveted depreciation does not make it impossible or impedes the exercise of a serviceability.

(5) The following rights of books shall not be considered as a burden in the sense of paragraph 4:

1.		Services which are limited to certain geographical limits (Section 12 (2) of the GBG) and which do not refer to the separation pieces to be written (Section 3 (2)),
2.		Basic services that are transferred (§ 3 (1)), and
3.		Loads where the bookers have agreed to the load-free depreciation. "

(3) In § 14 (1), the first sentence reads:

" An authorized person may object to the non-lastenfree depreciation within 30 days from the date of the notification of the grant decision, if he claims that one of the conditions for the admissibility of the depreciation pursuant to § 13 Paragraph 4 is not given and he did not agree to the non-leased depreciation. "

4. § § 15 and 16 are:

" § 15. The following provisions shall apply:

1.		on land used for the production, transfer or extension and maintenance of a road, road or railway system or installation for the management, use, maintenance or defence of a water or for the defence of avalanches and the like (for the purpose of: Example of irrigation, drainage, sewerage, water piping, protection or regulation construction, wildbach-fauctioning), including the special facilities required for this purpose (for example, tendons and dams), have been used;
2.		on the remains of the land which have been cut off from the main land by such an installation, even in the case of transfer of property rights;
3.		on abandoned road bodies, roads or railway land or the bed of vacant waters.

§ 16. The surveying authority may assess the application for a load-free depreciation and amortising of the land listed in § 15; if the applicant declares to the surveying authority that certain services on these plots of land are , the request for the transfer of these services shall be the responsibility of the customer. In addition, the surveying authority shall confirm in the course of the assessment in accordance with the actual circumstances that one of the installations listed in § 15 shall be established or has been abandoned. "

5. § 17 is repealed.

6. § § 18 and 19 are:

" § 18. The decision on the depreciation and amordiation shall be taken on the basis of this assessment and the plan on which the application is based. Proof of approval of the owners or of the bookholders is not required.

§ 19. (1) The decision on the possible implementation of the changes shall be notified to the applicant, to the owners of the land concerned and to the persons entitled to the accounts, in accordance with the rules applicable to the service of proceedings.

(2) For persons to which the decision cannot be delivered, because they are unknown stays, the court has to order at the expense of the applicant of officant on the grounds of curators. Prior to the appointment of a curator, the applicant shall be given the opportunity to submit comments. "

§ 20 reads:

" § 20. (1) An owner or an accounter who claims to be injured by the carrying out of the changes in his/her rights to the booklet is not subject to any agreement on the assignment of the law or of the law. the loss of rights, or a formal expropriation procedure has been carried out, may object within 30 days of the date of notification of the decision. However, the objection of an authorized person is unfounded, insofar as the conditions for the non-load-free write-off pursuant to § 13 (4) are fulfilled and within a period of five years no depreciation is also carried out on the basis of § 18 has been made. Section 14 (1) of the second to fifth sentence and paragraph 2 shall apply in accordance with the provisions of this provision for the objection of the owner or a bookable person. If the opposition is granted, the decision of the decision of the former order of office shall, in accordance with the legal force of the decision, be re-established only in the basic body in which the rights of the bookers are those which brought the objection.

(2) Anyone who makes an application in accordance with § 16 without prior agreement on a legal assignment or a loss of rights or a formal expropriation procedure has been carried out, shall be liable to the person in his or her bookable rights for the purpose of the damage caused by the carrying out of the changes in the book. The compensation claim shall be barred in three years from the end of the day on which the damage has been disclosed to the injured party, but in no case before one year after the legal force of the registration. If the injured party has not become aware of the damage, or if the damage has been caused by a crime, the claim shall be barred only after ten years after the damage has been incurred. "

8. In § 22 (1) the sales denomination shall be repealed; the second sentence shall read:

"These courts also have to carry out the procedure for the properties of the plant, which have been touched by the plant, and have been registered in railway inlays."

9. § 22a is repealed.

10. In the title before § 26, the phrase "and the basic book folder" repealed.

11. § § 28a and 30 are repealed.

12. § 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 bookable registration is governed by the provisions of § § 122 et seq. GBG 1955. The principles of the procedure in addition to disputes shall apply in respect of the dispute over applications which have been assessed by the surveying authorities and the dispute concerning any other decisions concerning the matters governed by this Federal Law. If a recourse against a decision pursuant to § 18 is granted, the former basic book stand shall be re-established only in the land register body in which the rights of the shipowners ' bookers exist. "

13. In § 35 (1), the sales designation shall be deleted, the word order shall be deleted "§ § 13 and 27, paragraph 1," by the expression "§ 13" replaced and paragraph 2 repealed.

14. In § 39, the previous text receives the sales designation "(1)" and shall be added to the following paragraphs 2 to 5:

" (2) § § 2, 13, 14 para. 1, § § 15, 16, 18 to 20, 22, 32, 35 in the version of the Federal Law BGBl. I n ° 100/2008 is 1. Jänner 2009 in force. At the same time, § § 17, 22a, 28a and 30 do not apply.

(3) § 2 para. 1 in the version of the Federal Law BGBl. I n ° 100/2008 does not apply to plans, the certificate of which according to § 39 of the German Code of Law (VermG) before 1 Jänner 2009 has been issued.

(4) On plans and certificates, which are not yet stored in the business register of the surveying authority after 31 December 2008, § 2 is in the before the entry into force of the Federal Law BGBl. I n ° 100/2008 is to be applied further.

(5) After 31 December 2008, § § 13, 15, 16, 18 and 20 are in the version of the Federal Law BGBl. I n ° 100/2008 also applies and § 17 is no longer to be applied even if the registration form is before the 1. Jänner 2009 arrived at the Grundbuchsgericht. "

Article IV

Amendment of the Law on Authentic Filing

The German Copyright Law (UHG), Federal Law Gazette (BGBl). No 326/1974, shall be amended as follows:

1. The last sentence of Section 1 (2) reads as follows:

"§ 29 GBG and § 10 sec. 2 GUG are to be applied in a reasonable way."

2. § 7 para. 1 Z 2 reads:

" 2.		whether a deposit of documents is already apparent in relation to the land concerned, "

(3) In § 10 the following paragraph 1a is inserted:

" (1a) The decision authorizing the presentation of the deposit for a building must be arranged in the stock sheet of the land register for the land concerned, provided that no deposit has been provided for the deposit of the original documents for this property. is made. The authors shall also be informed of the arrangement of the presentation of the deposit of documents. The presentation of the deposit of documents shall be deleted if a document is put in place which establishes the non-existence of the works for which documents have been deposited on the land concerned. "

4. § 11 is repealed.

5. § 19 shall be repealed.

6. In accordance with § 20, the following § 20a and title shall be inserted:

" Conversion to ADV

§ 20a. (1) The Federal Minister of Justice can, in accordance with the technical and human resources and with reference to the economic viability with a regulation, be able to convert the directories to be carried out in accordance with § 6 (diary and Order the data to be processed automatically.

(2) By way of derogation from Section 6 (3), the converted name card shall be for each Land.

(3) The data of the transferred Kartei (Section 6 (2)) shall be linked to the data of the Basic Book. "

7. According to § 40, the following § 41 is added:

" § 41. (1) § 1 para. 2, § 10 para. 1a and § 20a in the version of the Federal Law BGBl. I n ° 100/2008 is 1. Jänner 2009 in force. At the same time, § § 11 and 19 are out of force.

(2) The presentation of the deposit of documents shall not be arranged if a building in accordance with § 19 in the version before the entry into force of the Federal Law BGBl. I No 100/2008 in the land register is shown. The presentation of a building shall be deleted if a document is put in place which establishes the non-existence of the building.

(3) The Regulation on the basis of § 20a in the version of the Federal Law BGBl. I n ° 100/2008 may already be adopted by the date following the presentation of this Federal Law, but it shall not be less than 1. Jänner 2009 effective. "

Article V

Amendment of the general bourgeois code

The General Civil Code, JGS No. 946/1811, as last amended by the Federal Law BGBl. I n ° 113/2006, is amended as follows:

In accordance with section 299, the previous heading shall be repealed and the following § 300 and title shall be inserted:

" cellar ownership

§ 300. On premises and structures located below the surface of the property of another and not the foundation of structures erected above the surface of the earth, such as cellars, underground garages and industrial or economic purposes , with the consent of the property owner, the property may be the property of a separate property. "

Article VI

Final provisions on Art. V

(1) Article V shall enter into force 1. Jänner 2009 in force.

(2) The Court Chancellery decree of 2 July 1832, collection of laws for the Archduchy of Oesterreich under the Enns, 14. Part, No 151/1832, enters into force with the expiry of 31 December 2008.

Article VII

Amendment of the Court Fees Act

The court fee law, BGBl. No. 501/1984, as last amended by the Law amending Law, Federal Law Gazette (BGBl). I n ° 68/2008, is amended as follows:

1. In § 29a the turn becomes "§ 45 (2) and § 45a of the StPO remain" through the turn "§ 52 (2) and (3) of the StPO remains" replaced.

2. In tariff post 9, the following note 14 is inserted before note 15:

" 14.		The fees for queries in accordance with § § 6 and 7 GUG shall be determined by the Federal Minister of Justice in respect of the amount, type and timing of the payment, taking into account the resulting amount of property and personnel by means of a regulation. "

3. Rate post 10 is amended as follows:

(a) In Z I lit. b Z 5a is shown in the column "Amount of fees" the fee amount "41 Euro" by the amount of the fee "17 Euro" replaced;

(b) in Note 15a, the turn shall be: "in accordance with the technical possibilities" through the turn "in the absence of a breach of the turnover limit in paper form (§ 277 (6) second sentence of the UGB), which nevertheless" replaced.

(4) Note 5 is deleted in the heading No 13.

5. In tariff post 15, the following note 6b shall be inserted after note 6a:

" 6b. For the exhibition of an apostille according to the Federal Law BGBl. No 28/1968 is required to pay a fee of EUR 11. '

6. In Art. VI the following Z 32 is added after Z 31:

" 32.		§ 29a as well as the tariff items 9, 13 and 15 in the version of the Federal Law BGBl. I n ° 100/2008 is 1. Jänner 2009 in Kraft; Tarifpost 10 in the version of the Federal Law BGBl. I n ° 100/2008 will enter into force on 1 September 2008. Regulations on the basis of Note 14 to the tariff post 9 may already be issued from the date of the presentation of this Federal Law; however, they shall be adopted at the earliest with 1. Jänner 2009 effective. Tariff post 10 in the version of the Federal Law BGBl. I n ° 100/2008 applies to submissions in accordance with § § 277 to 281 of the UGB (UGB), which have been submitted to court after 31 August 2008. Tariff post 15 in the version of the Federal Law BGBl. I n ° 100/2008 should be applied to apostilles in respect of which the right to the fee was incurred after 31 December 2008. § 31a is in accordance with the Federal Act BGBl. I n ° 100/2008, as amended, in the tariff post 10 Z I lit. (5a) and to the amount of fees re-created by this Federal Law in Note 6b to the tariff post 15, subject to the proviso that the basis for the re-establishment of the amended charge amount was to be applied in April 2006. Index number of the 2000 consumer price index published by the Bundesanstalt Statistik Austria. "

Article VIII

Amendment of the Surveying Act

The Surveying Act, BGBl. No 306/1968, as last amended by BGBl. I n ° 13/2008, shall be amended as follows:

1. § 1 Z 1 lit. a and b are:

" 1.		the basic measurement of the geodetic reference systems, namely
a)			the creation and maintenance of the fixed points as well as the provision of measurement data from the satellite reference system,
b)			the astronomical-geodetic works for the purposes of the reference systems and for the exploration of the Earth's shape, "

2. § 2 (2) reads:

"(2) The Federal Office of Eich-und Vermessungswesen (Federal Office of Eich-und Vermessungswesen), whose local area of activity covers the entire federal territory, has to obtain the tasks listed in § 1 Z 1, 3 and 7 to 10."

3. § 3 is added as subsection 3:

" (3) Regulations adopted by the Bundesamt für Eich-und Vermessungswesen (Federal Office of Eich-und Vermessungswesen) on the basis of this Act shall be published in the Official Journal for the Surveying, which is to be published in electronic form, and at the web address www.bev.gv.at to the query ready to be held. As far as a later entry into force is not arranged, the published regulations will enter into force at the end of the day of release to the query. "

4. Section 7 (4) is deleted. (5) and (6) shall be given the name "(4)" and "(5)"

5. § 8 Z 2 reads:

" 2.		To make it clear
a)			the types of use,
b)			the area dimensions,
c)			the amendments to the catasters, which have been certified by the surveyors,
d)			other information on the easier identification of the land and "

6. § 9 (1) and (2) are:

" (1) The border cadastre consists of the technical operat (paragraph 1). 2), the land register (para. 3) and the address register (§ 9a). It is, as far as technically possible, to carry out automation support and to link it to the land register (land database).

(2) The technical operat shall comprise:

1.		the technical documentation relating to the determination of the fixed points and the limits of the land;
2.		the technical documentation for the inspection,
3.		the catastral folder, which is intended for the presentation of the fixed points, the limits of the land, the demarcation of the use sections (areas of the same type of use) and any further information on the easier identification of the land. and
4.		the business register in which the separation tables and all documents relevant to the business cases are included in the order of the business case numbers. The stored data content shall be deemed to be an original of the stored document until proof of the contrary. "

7. § 9 is added as paragraph 7:

"(7) The data from the Central Reporting Register shall be made available to the surveying authority in order to comply with its legal order."

8. § 13 (1) to (3) are:

" (1) It shall be clear that the reorganisation of the border register, or any inversion or remark contained in it, is not in accordance with its foundation or is in error, the correction shall be made by its own motion or at the request of the owner. to be informed.

(2) The initiation of proceedings pursuant to paragraph 1 shall be noted in the Border Cadastre. The reason for the comment is that the data of the border register for the land concerned are not to be regarded as mandatory proof in accordance with § 8 Z 1 and the protection of the good faith according to § 49 is excluded. After the entry of the legal force of the person referred to in paragraph 1, the correction shall be made and the remark shall be deleted.

(3) If a bona fide acquisition is claimed in confidence in the border register in accordance with § 49 and if no agreement of the parties is to be reached on this matter in the course of the investigation procedure, then that party which denies the good-faith acquisition is request that a judicial procedure be initiated within six weeks in order to clarify this issue. If a judicial procedure is not initiated or if a pending judicial procedure is not continued, the correction shall not be available. "

9. § 14 (1) reads:

" (1) The data of the Border Catasters are public with the exception of the information contained in § § 8 Z 2 lit. c, 9a Abs. 2 Z 8 and 9 as well as 9a para. 3 Z 6, 7 and 8. The data according to § 8 Z 2 lit. c are only available to the surveyors and to the authorities in order to complete their legal tasks. "

10. § 18 reads:

" § 18. The application for conversion pursuant to § 17 Z 1 is a plan of one of the provisions of Section 1 (1) (1) (1), (3) and (4) as well as (2) of the Liegenschaftsteilungsgesetz, BGBl. No 3/1930, designated persons or services complying with the conditions laid down in Article 39 (3). "

11. § 20 reads:

" § 20. The conversion shall be informed and shall be entered in the land register after the legal force of the latter has entered into force. In the cases of § 17 Z 3 and 4 the conversion shall only take place after the planning of the plan has been carried out for the first time. "

12. § 37 reads:

" § 37. (1) Plans within the meaning of § 35 shall be included

1.		the date of the surveying and the plan-making,
2.		provided that the measurement is longer than two years, a declaration that the illustrated limit is consistent with the nature of the situation,
3.		information on the nature of the marking of the borders,
4.		in the case of changes, a comparison of the land register, taking into account the relevant business cases and the status after the surveying, indicating the land numbers provisionally fixed by the surveying office,
5.		the technical specifications for determining the position of the limits affected by the surveying; and
6.		the legally required electronic signature of the surveying officer.

(2) If a plan contains only land which is no longer available in nature by means of a new division of the agricultural authorities in the matters of land reform in nature, the measures relating to the surveying and labelling of the borders shall be: Information not required.

(3) The detailed rules on the information required in accordance with paragraphs 1 (3) to (6) and the formats and technical requirements for the submission of plans shall be adopted in accordance with the state of the art and the technology and the technical requirements for the submission of plans. Requirements of economic viability with regard to the soil value and technical conditions of the Federal Minister for Economic Affairs and Labour by Regulation. "

13. § 39 reads:

" § 39. (1) Plans of the persons or departments referred to in Article 1 (1) (1), (1), (3) and (4) and (2) of the Liegenschaftsteilungsgesetz (Liegenschaftsteilungsgesetz) require a certificate from the surveying office to be carried out in the course of 18 months before the end of the year. has been granted to the Federal Court of Appeal for a long period of time for the request to be made available for storage.

(2) These plans are to be submitted to the Vermessungsamt in automative form and with an electronic time stamp in accordance with § 10 Signature Act, BGBl. I n ° 190/1999, as amended. Plans of engineering consultants for surveying are directly from the document archives of the civil engineers according to § 16 paragraph 8 of the Civil Engineering Act 1993, BGBl. No 156/1994, as amended.

(3) The certificate shall be issued if:

1.		the plan meets the requirements of § 37 and the regulation adopted thereto as well as the provisions of section 43 (4), (5) and (6);
2.		a declaration pursuant to § 37 (1) Z 2 at the time of the application of the application to the surveying office is not older than three months and
3.		the plan will be based on the data provided by the border-register and can be carried out in the border register.

(4) The certificate shall comprise:

1.		the fixing of the land numbers required for the carrying out of the basic book, and
2.		if necessary, the condition that a planned plan (pre-plan) or registration form must be carried out in advance in a basic booklet.

(5) The plans and certificates shall be included in the business register and shall be made available together with the division table to the land register by means of automation-assisted data processing. "

14. § 43 (5) and (6) are:

" (5) The plans for surveying pursuant to paragraph 4 shall include, in addition to the information referred to in § 37, an indication of the authorization of the plan factor. Where land is affected by a division both in the border cadastre and in the basic control cadastre, the plan shall be laid down in such a way that all the limits of the former are fixed.

(6) If plans relating to surveying in accordance with paragraph 4 are concerned with land which are not yet included in the border cadastre, a protocol on the determination of the limit profile shall be followed. If the signatures of the owners of the adjacent land were not to be obtained in the course of the boundary of these plots (declarations of consent), the plan has a declaration of the plan faction by stating the names and addresses. of the owners concerned. Furthermore, in the case of portfolio corrections, the Protocol shall contain the declaration by the owners that the course of the border has remained unchanged since the last survey. "

15. § 44 together with headline reads:

" Section VI

Participation of the authorities "

" § 44. (1) The courts and the other authorities, offices and departments of the local authorities are obliged to inform the surveying office of any information concerning changes to the types of use and the demarcations thereof. , and provide them with scheduled documents relating to them.

(2) The municipalities shall notify the address register of the address data referred to in § 9a sec. 2 Z 1 to 8 and the address data referred to in § 9a sec. 3 Z 1 to 5 and 8; the information referred to in § 9a para. 2 Z 9 and in § 9a para. 3 Z 6, 7 and 9 may additionally be provided by the municipalities. . The notification shall be made immediately after the award or modification of an address within the meaning of section 9a (1). The Adress-GWR-Online application provided free of charge pursuant to § 5 GWR-Act, or the data interface contained therein, shall be used for the notification. The notification complies with all federal reporting obligations of the municipalities, which concerns the mere provision of authentic address data within the meaning of § 9a. "

16. § § 45 and 46 together with headline are:

" Section VII

Cooperation with the Federal Basic Courts and the issuing authorities of the Federal Government

§ 45. (1) Border register and land register shall be kept in accordance with the rules.

(2) The Basic Court of Appeal shall be informed of the results of official acts which may result in entries in the land register, with the application form.

(3) The Federal Court of Appeal shall be granted direct access to the cadastre pursuant to Section 14 (5) of the Code.

§ 46. The federal tax authorities are entitled to link data from the tax authorities with data from the border register in the data collection authorities for the automated collection of charges. Amendments to the Border Catasters ' significant changes are to be made available to the federal tax authorities for automation. The more detailed provisions concerning the data to be made available and the technical requirements shall be adopted in accordance with the requirements of economic viability and technical conditions of the Federal Minister for Economic Affairs and Labour. with the Federal Minister for Finance by Regulation. "

Section 47 (2) Z 3 reads as follows:

" 3.		Official acts in accordance with § § 12 (at the request of the owner), 18, 34, 38 para. 1 Z 1 (at the request of the owner), 39, 40 and 41 as well as assessments according to § 13 of the Liegenschaftsteilungsgesetz. "

Section 47 (3) reads as follows:

" (3) For copies from the general ledger of the basic book and from the auxiliary directories, court fees shall be in accordance with the tariff items of the court fees act, BGBl. No 501/1984, as amended. '

19. § 47a shall be deleted.

20. § 48 reads:

" § 48. (1) In addition to the excercises, copies and copies referred to in § 47, the space and location-related data (geobase data) created as part of the task performance of the national surveying pursuant to § 1 shall be used as standard products and in accordance with the existing data technical possibilities in the context of geo-gas services.

(2) Restrictions are based on the provisions of § 2 (3) and § 3 of the Information Reuse Act, BGBl. I n ° 135/2005, as amended in the current version.

(3) An appropriate remuneration shall be paid for the submission of geobase data, the geobase services and the exploitation of the geodata. The remuneration in standard fees and the terms of use shall be determined by the Federal Office of Eich-und Vermessungswesen. Prior to the setting of the charges for queries and extracts from the address register, the local authorities and the town council must be consulted. In principle, the standard fees have to cover the additional expenditure for the reproduction and dissemination of the geodata.

(4) The Federal Office of Eich-und Vermessungswesen (Bundesamt für Eich-und Vermessungswesen) is also entitled to carry out measurement recordings from civil aircraft in the flight against cost replacement.

(5) For queries and excerpts from the address register (§ 9a), which are not used for commercial purposes, no remuneration is payable for

1.		the data of a single address,
2.		Local authorities, in so far as the query is required within the framework of the territorial administration,
3.		the Bundesanstalt Statistik Austria for statistical purposes and
4.		Fire brigades and rescue services for the tasks of crisis management and rescue operations.

(6) The revenue generated for queries and extracts from the address register shall be, after deduction of the Federal Government's current expenditure on the operation of the address register, in proportion to the number of municipalities in the address register as at 31 December each year. as a retribution of their effort annually to transfer them. "

21. § 51 reads:

" § 51. (1) Anyone who destroys, modifies, removes, damages, or interferes with a sign of being tampered with unauthorised persons shall be liable, provided that the action does not constitute the offence of a criminal offence within the jurisdiction of the courts, a Administrative transgressing and is punishable by a fine of up to 360 € or with imprisonment for up to two weeks.

(2) In the event of an administrative transgression pursuant to paragraph 1 above, the perpetrator in the criminal knowledge shall also be responsible for the costs of the restoration of the measure for the benefit of the federal government.

(3) The period of limitation shall be three years, the period after which the administrative criminal proceedings shall no longer be subject to a declaration of criminal law and a penalty shall no longer be enforced, five years.

(4) In the cases referred to in paragraphs 1 and 2, the Federal Office of Eich-und Vermessungswesen (Federal Office of Eich-und Vermessungswesen) is entitled to appeal against the decision of the managing authority. "

22. § 52 is added as paragraph 6:

" 6.		Where a plan is submitted by the competent court pursuant to Article 850 of the General Civil Code, the correction of the basic tax attorment shall be carried out by the competent court. '

23. § 57 (6) to (8) are:

" (6) § 8 Z 2, § 9 para. 1, 2 and 7, § 14 para. 1, § 18, § 20, § 37, § 39, § 43Abs. 5 and 6, § 45, § 46, § 47 (2) (3) and (3) in the version of the Federal Law Gazette (BGBl). I n ° 100/2008 is 1. Jänner 2009 in force. The date of the technical implementation of the business register and the separation table according to § 9 para. 2 Z 4 as well as the presentation of the separation according to § 8 Z 2 lit. c is determined in accordance with the technical and personnel possibilities with regulation of the Federal Minister for Economic Affairs and Labour.

(7) Regulations for the enforcement of this Federal Act may already be adopted by the day following the presentation of this Federal Law. They may become effective at the earliest with the entry into force of the law provision to be implemented.

(8) Until the release of a regulation in accordance with § 46 in the version of the Federal Law BGBl. I n ° 100/2008 remains § 46 in the version prior to the Federal Act BGBl. I No 100/2008 in force. "

Section 59 (1) reads as follows:

" (1) With the enforcement of this Federal Act, with the exception of § § 12 (3), 25 (4), 49, 50, 53 to 56 and 58, the Federal Minister for Economic Affairs and Labour, with regard to Section 9a (3) (4) and Section 44 (2), is in agreement with the Federal Chancellor, as regards § 1 Z 10, § 9 (7) and § 9a (2) (8) and (3) (3) (8) and (9) in agreement with the Federal Minister of the Interior, with regard to § § 46 to 48 in agreement with the Federal Minister of Finance, with regard to § § 5 (1), 3 and 4, 7, 9 Abs.1, 4 and 5, 39, 43 (3), 44 (1), 45, 47 (3) and 52 in the

Agreement with the Federal Minister for Justice and with regard to section 14 (7) in agreement with the Federal Minister for National Defense. "

Fischer

Gusenbauer