Certified signature under section 31 GBG or notarial deed: which form the property purchase contract needs, when the Notarial Deed Act applies and what the form costs.
BRANDAUER Rechtsanwälte
Salzburg law firm for real estate, property and corporate law
Every matter is handled by a coordinated team of lawyers, legal staff and specialists. In property purchase matters we look at the contract, land register, escrow and tax consequences together.
Before signing, the question often arises whether the property purchase contract needs a full notarial deed at the notary or whether a certified signature is enough. The answer determines the procedure and the costs and it is essential for registration in the land register.
This post explains the form requirements for a property purchase in Austria. The focus is on the certified signature as the standard case for registration under section 31 of the Land Register Act (GBG) and the special cases in which the Notarial Deed Act requires a full notarial deed, for example for contracts between spouses or for a gift without actual handover.
Anyone who chooses the right form from the start avoids an invalid deed and delays in the land register. From a lawyer perspective the form is only the first step, because the content of the contract determines your security.
Answer one or two questions on the type of transaction and the contracting parties. You receive an initial classification of the required form.
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What matters is whether there is a genuine sale or a gift, or mixed gift, where the property is not handed over immediately.
For a sale between strangers, a court-certified or notary-certified signature under section 31 of the Land Register Act (GBG) is enough for registration in the land register. A full notarial deed is not mandatory. You should nevertheless have the purchase contract drawn up by a lawyer, because the content of the contract determines your security.
Have the draft reviewed before signing so that form and content fit together.
Contracts between spouses or registered partners and gifts without actual handover require a notarial deed under the Notarial Deed Act. Without this form the transaction is invalid and cannot be registered. Clarify the form before signing, because a subsequent cure does not always succeed.
Have it checked whether your specific transaction falls under the notarial deed requirement.
For the registration of title in the land register, section 31 GBG requires that the signature on the deed be certified by a court or a notary. With the certification, the district court or the notary only confirms that the signature is genuine and comes from the named person. The content of the deed is not examined.
For the classic sale of a property between strangers, this certified signature is sufficient. A full notarial deed is not mandatory here. The purchase contract is usually drawn up by a lawyer, the signatures are then certified and the deed serves as the basis for registration. How the registration itself proceeds is covered in the post on the declaration of consent and registration.
The certification therefore concerns the form, not the content. We explain the term registration of title in the glossary on the registration of title. You find more on the review before the purchase on the focus page on the purchase contract review.
The Notarial Deed Act requires a notarial deed for certain transactions, that is the drawing up of the deed by a notary in compliance with special procedural rules. With the notarial deed the notary examines and shapes the transaction and advises the parties, which goes considerably beyond the mere certification of the signature.
Subject to the notarial deed requirement under section 1 of the Notarial Deed Act are, among others, purchase, exchange, annuity and loan contracts as well as debt acknowledgments that one spouse gives to the other. Registered partners are equally covered. A gift without actual handover also requires the notarial deed, which section 943 of the Civil Code (ABGB) confirms for the mere promise of a gift. An actual handover must be outwardly recognisable and may not be exhausted in a mere promise.
If the mandatory form is missing, the transaction is invalid and cannot be registered. Especially with transfers within the family or with mixed gifts, where sale and gift coincide, the distinction is delicate. Clarify the form therefore before signing, because a subsequent repair is not always possible.
The certified signature causes a comparatively low certification fee at the notary or at the district court. The full notarial deed is more elaborate, because the notary draws up the deed, advises and certifies, and therefore triggers higher costs that depend on the value of the transaction.
Regardless of the form, a party representative, that is a lawyer or a notary, regularly handles the drawing up of the contract, the escrow settlement and the self-assessment of the real estate transfer tax. Which further incidental costs arise in a purchase is shown by the incidental costs calculator.
The choice of form is therefore not a mere formality. It depends on the type of transaction and on the parties involved and should be settled early so that the procedure runs smoothly up to registration. A checklist of the necessary documents before the review is offered by the checklist on the documents before the contract review.
This overview shows when which form is sufficient and how they differ.
| Feature | Certified signature | Notarial deed |
|---|---|---|
| What is examined Only the genuineness of the signature | Content, advice and drawing up by the notary | |
| Typical case of application Sale between strangers | Contract between spouses, gift without actual handover | |
| Basis Section 31 GBG for registration | Notarial Deed Act and section 943 ABGB | |
| Costs Low certification fee | Higher, depending on the value of the transaction | |
| Consequence of a form error Registration is rejected by the land register | Transaction is invalid and cannot be registered |
The certified signature only concerns the form for the land register. The careful drafting of the contract by the party representative determines the substantive security.
Caution with family transfers: If a contract between spouses or a gift without actual handover is concluded without a notarial deed, the transaction is invalid. Clarify the form before signing. Booking an initial consultation (72 euro) quickly brings clarity here.
No. For a sale between strangers, a court-certified or notary-certified signature under section 31 GBG is enough for registration in the land register. A full notarial deed is only mandatory in special cases, for example for contracts between spouses or for a gift without actual handover.
With certification, the court or the notary only confirms that the signature is genuine. With the notarial deed the notary draws up the deed themselves, advises the parties and certifies the transaction. The notarial deed is therefore more elaborate and more expensive, but it also examines the content.
If the certified signature is missing on registration, the registration is rejected by the land register. If the notarial deed is missing for a transaction subject to that requirement, the transaction is invalid and cannot be registered. A subsequent cure does not always succeed, which is why the form should be settled early.
How the deed leads to the registration of title in the land register.
What to look for in the purchase contract before you commit.
Our focus page on the review of the property purchase contract.
Estimate the transfer tax, registration fee and further incidental costs.
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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BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
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