The permit documents are not complete yet.
First request the missing documents and compare them with the land register, draft contract and financing. Without documents, the legal and economic impact remains open.
Purchase contract
Buying commercial property with an operating facility permit
Permits, official conditions and use risks buyers should review before buying commercial property.
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7 July 2026 · Mag. Bernhard Brandauer, Rechtsanwalt
For shops, workshops, medical offices or restaurant premises, the land register is not enough. The decisive question is whether the intended use is permitted and which official conditions apply to the operating facility.
Buyers should review permits, plans, conditions, fire safety documents and use descriptions before signing. An attractive space is of little use if the business cannot later be operated or only after costly adaptations.
The purchase contract must therefore regulate permits, known conditions, document handover and consequences of missing usability clearly.
Quick check
Is the operating facility reviewed before purchase?
Two questions show whether permit and contract fit together.
Already know you want to get in touch? Go straight to the enquiry form.
Are the documents for this point complete?
Without documents on operating facility permit and conditions, the purchase contract cannot be reviewed reliably.
All paths at a glance
Overview of all answers.
The basis is available, but the contract should be reviewed carefully.
Once the documents are available, the decisive point is the actual clause. Review maturity, warranties, conditions, retentions and consequences of delay together.
Usability is not secured sufficiently in the contract yet.
If the point remains open, the draft should be supplemented before signing. Depending on the matter, a condition, warranty, retention, evidence obligation or withdrawal rule may be appropriate.
Review intended use before purchase
Review intended use before purchase
Commercial property must fit the intended use. Office, workshop, restaurant and storage uses can trigger different requirements. Buyers should not assume that a previous use automatically covers their own business.
Important documents include permits, approved plans, operating description and conditions. Open building authority orders may also affect use. See the post on building authority orders.
Reflect conditions, adaptations and costs in the contract
Reflect conditions, adaptations and costs in the contract
Conditions may concern fire safety, ventilation, noise, opening hours or structural adaptations. Buyers should clarify which measures are fulfilled and which costs remain.
If the permit status is unclear, purchase price maturity can be linked to evidence or consent.
Review points
Documents that matter for the operating facility
These points should be clarified before payment and signing.
| Review point | Contract clause | Risk if missing |
|---|---|---|
| Permit Complete approval | Compare intended use | Operation not permitted |
| Conditions Check fulfilment | Allocate costs | Adaptation costly |
| Plans Know approved status | Assess alterations | Space does not fit |
Practice point: In commercial property purchases, the permit file should be reviewed as early as land register and purchase price.
Distinguish tax issues and business transfer
Distinguish tax issues and business transfer
A pure property purchase must be distinguished from buying a business. The topics still touch if equipment, leases, customer traffic or permits are economically important.
For the tax angle, see commercial property and VAT option.
Condition or withdrawal if approval is open
Condition or withdrawal if approval is open
If a permit is missing or must be adapted, the contract should reflect this uncertainty. Conditions precedent, withdrawal rights, retentions or cooperation duties may be useful.
Read more in the post on conditions precedent.
FAQ
Operating facility in a property purchase.
What should be checked for an operating facility? +
Permits, conditions, plans, actual use and whether the buyer may carry out the intended activity.
Is previous commercial use enough? +
Not necessarily. The decisive issue is whether the specific use is permitted and conditions are fulfilled.
Can permit status be a contract condition? +
Yes, if the situation is open, a condition or withdrawal right may be appropriate.
More detail
Further reading on commercial property and conditions
Topics
Commercial propertyOperating facilityPermitConditionsPurchase contract
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