Section 27 GBG sets requirements for legible land-register documents. Learn when multiple sheets must be securely bound and which details they must contain.
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An instrument may be understandable in substance and still fail formal requirements concerning its physical form. Section 27 GBG deals with visible defects that weaken credibility, secure binding of multiple sheets, legibility, identification of the parties and details about issue of the instrument.
These requirements apply to documents on which a land-register entry is based. They therefore matter for purchase contracts and other instruments needed for registration. The documents required in a particular case depend on the type of acquisition.
This article is limited to the document requirements in section 27 GBG. It does not replace review of the purchase contract, consent to registration or any required authentication of signatures.
Check the sheets, legibility, party details and issue date. This quick check does not assess the complete application.
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Section 27(1) GBG requires several sheets to be bound so that no sheet can be inserted between them.
Your answers suggest that the physical form and details required by section 27 GBG are in order. This quick check does not assess the legal basis for acquiring the right, the consent to registration, any required authentication of signatures or the remaining requirements of a particular land-register application.
Before filing, review the complete instrument, its attachments and the application together.
Review the complete final instrument. The binding must prevent a sheet from being inserted unnoticed. The statute does not prescribe a particular binding method, but the connection must serve its protective purpose.
If the application has already been filed, the court order and procedural stage determine the response. Our article on a land-register improvement order provides an initial overview.
Review the complete instrument, including every attachment. Names, figures, signatures and additions must remain legible. Resolve unclear or cut-off passages before filing, and do not alter a signed instrument on your own.
If an application has already been filed, the exact contents and deadline of any court order matter. See our article on a land-register improvement order.
Compare the instrument with the available identity and register details. Section 27 GBG specifies the date of birth for natural persons, the Companies Register number for registered entities and the ZVR number for Austrian associations. Also check the place, day, month and year of issue.
Clarify missing details with the person preparing the instrument before filing. If the application is already pending, the court order determines what must be addressed.
Section 27(1) GBG applies to documents on which a land-register entry is to be based. The review is therefore not limited to an ordinary purchase contract. It can also cover other instruments required for an entry. The official RIS text of section 27 GBG sets out the requirements.
The transaction determines which documents form the basis for registration. In an acquisition by auction, for example, the court award and auction conditions need separate review. A purchase from an estate raises distinct questions about authority to dispose and the inheritance proceedings. Read more about buying property at auction and buying property from an estate.
If an instrument consists of several sheets, they must be bound so that no sheet can be inserted between them. The rule protects the integrity of the document. An added sheet could change the instrument’s content.
Section 27 GBG sets a functional requirement. It does not prescribe one particular staple, binding or seal. The question is whether the sheets belong together in the version filed so that no sheet can be inserted. Numbering the pages alone does not automatically provide that protection.
Review the complete instrument in its final form. Do the order and number of sheets correspond with references in the text and the attachments? Are any sheets loose, or could an additional sheet be slipped between them unnoticed? If that is uncertain, resolve the issue before filing.
The instrument must be clearly legible and suitable for inclusion in the document database. The requirement concerns the complete document, not only its first or signed page. Illegible names, figures, additions or attachments can make reliable review difficult.
Visible defects also matter when they weaken the instrument’s credibility. Section 27 GBG does not make every sign of wear a ground for rejection. Whether damage, an alteration or an unclear passage matters depends on its appearance and on the content affected.
Review the complete version before filing. Can the text, signatures, dates and attachments be read without guesswork? Could copying, scanning or assembling the file cut off or obscure any part? The statute sets no general minimum resolution in numbers. It requires legibility and suitability for the document database.
The instrument must identify the people involved in the transaction so that they cannot be confused with others. A first and last name alone may be insufficient in the circumstances. The information must reliably identify the person or legal entity concerned.
Section 27(2) GBG specifies additional identifiers. The date of birth must be stated for natural persons. An entity registered in the Companies Register must be identified by its Companies Register number. For an Austrian association, the required identifier is its ZVR number, the number in the Central Register of Associations.
Compare the names and identifiers in the instrument with the other documents. Check the relevant register number for a company or association. The provision also requires all parties to be identified unambiguously, even where it does not list a specific additional identifier for a particular group.
Section 27(3) GBG requires the instrument to state the place and the day, month and year of its issue. A year alone or an unclear abbreviated date does not provide all of those details.
Check that the instrument names a clear place and a complete calendar date. The statutory wording refers to issue of the instrument. Section 27 does not require the place and date to be repeated on every sheet. Any specific formal rules for the type of instrument remain separate.
Section 27 GBG does not decide whether the purchase contract contains a valid legal basis or whether registration has been consented to. Section 26 GBG concerns the required form of the instrument and the valid legal basis. For the private documents it covers, section 32 GBG also requires, among other things, a precise description of the land or right and express consent to registration.
A legible and securely bound document may therefore still fail other requirements. Conversely, correct consent to registration does not replace secure binding of multiple sheets or complete details. Any required authentication of signatures must also be checked separately.
Our article on the land-register application after signing the purchase contract explains the next procedural steps.
Assemble every part of the final instrument in the right order. If it has multiple sheets, the binding must prevent an individual sheet from being inserted between them unnoticed. Then compare the text and attachments with the application.
Read every sheet in full. Names, identifiers, figures, signatures and any alterations must be clear. Also check that the parties are unambiguously identified, the required birth or register details are present, and the place and full date of issue are stated.
If an application has already been filed and the court issues an order, the exact requirements and deadline matter. The next steps depend on the case. Our article about an improvement order, missing documents and preservation of priority addresses that procedural question separately.
When buying property, the contract and the land register decide. Call us directly or send an email, callback within one business day.
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