Real Estate
Real estate is considered to be one of the few inflation-proof investments. This factor attracts many potential buyers and requires forward-looking and long-term planning – both for private and institutional investors. Organisational structures and compliance with legal conditions form the basis for successful real estate projects in order to minimise risks.
SAXINGER will be by your side throughout the entire life cycle of a property, starting from a structured acquisition, through planning and construction, including financing, to management and realisation. We are your reliable partner, developing sustainable solutions for your property together with you.
Need for Advice in Real Estate Law
Comprehensive legal advice is essential to successfully shape the entire life cycle of a property. Each real estate project has specific, individual requirements that come to the fore during the support period. A well-thought-out structure will evaluate and mitigate risks, such as market risks, loss of value or vacancy risks, at an early stage of the process.
In this respect, our legal advice will support you with:
- A thorough review (due diligence) of the property, including legal, financial and technical aspects
- Clarification of issues under construction law, contract law and tax law as well as contract design
- Planning the implementation of construction projects to ensure legal and financial efficiency
- Minimising risk with respect to any potential challenges
- Creating structured financing models to ensure the financial protection of projects
- Optimum management and use of the property for long-term profits
Our Expertise in Real Estate Law
The SAXINGER team will advise you on private land purchases as well as on the acquisition of commercial properties, expansion of business locations, implementation of infrastructure projects or investment in property. We will support you in the following areas among others.
Thorough analysis and structuring are key to executing real estate transactions safely and successfully. SAXINGER focuses on the following key areas:
- Advice on the property purchase and sale of individual properties and real estate portfolios domestically and abroad. Country-specific regulations and tax issues must be taken into account.
- Advice on the structuring of the transaction. We will support you in finding the right method for the property transfer and financing. This may be a direct purchase of the property (asset deal), purchase of shares in a company (share deal), sales where a property is simultaneously rented back by the seller (sale & leaseback transactions) or the structuring of a real estate fund.
- Due diligence as a complete solution (“one-stop shop”), i.e. the process of inspecting a property before purchase. This ensures that there are no undetected risks or problems that could impair the value or usability of the property.
- Private provision, gifting real estate and transfer agreements, early inheritance. Legal consultation ensures that transfers are legally watertight, tax advantages are used and future disputes among the heirs are avoided.
- Handling of a trust and trusteeship: Asset management to safeguard the interests of all parties. It is aimed at compliance with all contractual conditions and structures the process transparently.
- Land register law and land register entry for a correct and complete entry to secure the ownership rights.
- Real estate purchase agreement that must be designed in a legally valid way and precisely worded in order to safeguard the rights of the buyer and seller and to avoid later disputes.
The development and realisation of real estate projects requires professional support in order to safeguard all aspects from project development to successful implementation. SAXINGER will support you with the following tasks:
- Advice on project development and financing. This includes raising funds from the point of the initial concept until the project is completed.
- Establishment of commonhold ownership, subsequent appraisal and property sub-division, builder models. These methods structure the legal division and organisation of real estate — all ownership rights and obligations should be clearly formulated.
- Design and clarification of the construction contracts and the commonhold ownership rights in order to safeguard the rights of the owners.
- Building, architect, general contractor and general partner contracts, i.e. contracts that govern the cooperation between clients, architects and construction companies in planning and implementation.
- Advice on all matters of tenancy law (tenancy and lease agreement, commercial lease agreements, tenancy law for landlords).
- Advice on development plans, land use plans and preservation orders. For this, see also: Property owner meetings.
- Facility management contracts and advice on the management of properties, business parks, shopping and office centres.
Conflicts in the real estate sector — whether these concern construction contracts, tenancy law issues or property disputes—can be complex and costly. SAXINGER will effectively represent and defend your interests, especially in the following areas:
- Representation in court disputes with regard to construction contracts and tenancy law matters
- Advice on the right of residence
- Court enforcement of real estate-related claims, which is comprised of the judicial assertion of rights, e. g. in the case of breaches of contract or property disputes
References and Success Stories
We will assist our clients with expertise and commitment in real estate law and all related processes. The following are some of our most recent successful clients.
SAXINGER supports JR Investment with a record sale of the Apple Store
SAXINGER successfully supported JR Investment in the purchase of the Apple Store in Vienna’s pedestrian zone for 95 million euros – the largest real estate transaction of 2023 in Austria. The Viennese flagship store of tech group, Apple is located in the building, which is also known as the “Zwiebackhaus”. The team, led by Dr Franz Mittendorfer and Maria Praher, ensured compliance with all legal conditions.
SAXINGER advises the Meir Immobilien Group on the acquisition of Windhager Wärme’s production and logistics hall
SAXINGER successfully advised the Meir Group and Oberbank AG on the acquisition of the production and logistics hall of insolvent heating manufacturer, Windhager in Upper Austria. The Meir Group specialises in logistics properties and will finish the logistics hall near the motorway (A1). The transaction was successfully concluded under the leadership of Christoph Luegmair. In particular, it must be noted that completion of the plot and the building was stopped due to Windhager’s insolvency and thus legal certainty needed to be created to clearly demarcate business relationships.
SAXINGER advises SORAVIA on the sale of the Austro Tower to DEKA
SAXINGER successfully advised SORAVIA on the sale of the Austro Tower to German real estate investor, DEKA within the scope of a forward deal. Under the leadership of Dr Immanuel Gerstner and Dr Lukas Leitner, SORAVIA received support in all legal matters for the project, from award of contract and contract negotiations to the sale itself. The 136-metre-high tower in Vienna was completed in 2021 and meets the highest ecological standards.
SAXINGER supports Leasinvest Real Estate in the acquisition of specialist market centres in Austria
SAXINGER successfully advised Leasinvest Real Estate SCA on the acquisition of two Austrian retail parks. The legal consultation was comprised of due diligence, contract design and consideration of private and public law, and legal aspects relating to construction planning and construction. Belgian company. Leasinvest Real Estate SCA is renowned for its investments in high-quality properties, particularly in high-end shops and offices, and is now the owner of the SCS Nordring and Pittarello Nordring retail parks.
SAXINGER supports IES real estate in a strategic partnership with BUWOG Group
SAXINGER advised IES Immobilien with the sale of shares in MARINA TOWER Holding GmbH and MARINA CITY Entwicklungs GmbH to the BUWOG Group. Under the leadership of Dr Immanuel Gerstner and Dr Irene Meingast, SAXINGER ensured the legal structuring of the partnership. This transaction facilitates the joint development of the prestigious MARINA TOWER project in Vienna, which comprises around 500 residential units.
Contact
Your individual interests and the specific risk structure of your real estate project are the focus of our advice. We take into account the particular special features and find the optimal solution for you. SAXINGER represents your interests before the (arbitration) courts and in the legal enforcement of your claims with its law offices in Graz, Linz, Salzburg, Wels and Vienna.
