Real Estate updates
Austria
Contributed by Graf & Pitkowitz Rechtsanwalte GmbHCOVID-19 measures may entitle tenants to rent reductions
- Austria
- 03 April 2020
In an effort to reduce the spread of COVID-19, the government has ordered all shops and service providers, except those providing certain vital services, to close to customers from 17 March 2020 until 13 April 2020. The closure of shops may entitle tenants to reduced rent and ancillary costs. However, it does not entitle tenants to terminate their lease for cause. This article sets out guidance for affected tenants and landlords.
Supreme Court redefines location surcharge in rent control leases
- Austria
- 18 October 2019
In early 2019 the Supreme Court passed three decisions confirming and clarifying its 2017 decision which had limited landlords' right to request a location surcharge for rent-controlled apartments in desirable neighbourhoods. Based on the court's judgment, approximately 100,000 apartments no longer qualify for the location surcharge. However, the court's vague criteria for determining whether a neighbourhood is considered above or below average leave scope to include additional indicators.
Vienna Building Code: new provision renders short-term letting illegal
- Austria
- 31 May 2019
A new provision in the Vienna Building Code recently entered into force, rendering short-term letting – including through rental services such as Airbnb – illegal in large areas of Vienna. Further, under the new provision, all parts of residential zone buildings that were being used for residential purposes when the provision entered into force – or were built thereafter – may be used only for residential purposes. That said, the new provision may be unconstitutional.
Demolition crackdown: Vienna protects its buildings
- Austria
- 31 August 2018
The City of Vienna recently announced its intention to reform the building code. Some building owners consider it unfair that strict maintenance obligations and rent limits apply only to old buildings, whereas buildings constructed after 8 May 1945 can be let at market rent. As a result, many building owners have chosen to tear down historic buildings and erect new concrete and steel structures in their place. Therefore, one of the aims of the reform is to protect the city's historic buildings.
Supreme Court manages shopping centre management costs
- Austria
- 08 June 2018
Service charge provisions in shopping centre lease agreements frequently give rise to disputes between landlords and shop operators. In a recent decision on such costs, the Supreme Court offered some insights into shopping centre lease agreements which go beyond service charge provisions.
Bahamas
New legislation aims to promote proper use of environment
Lennox Paton- Bahamas
- 04 December 2020
In December 2019 Parliament passed a package of environmental bills geared towards developing, reinforcing and strengthening the laws which promote and support the management, protection, enhancement and proper use of the Bahamian environment. This article provides an overview of the new legislation, including the Environmental Planning and Protection Act, which is one of the most notable new laws with respect to Bahamian real estate and development.
Guide to purchasing property in The Bahamas
Lennox Paton- Bahamas
- 28 August 2020
A second home in The Bahamas has been a highly sought-after commodity for international buyers from time immemorial. The Bahamas is an archipelagic nation of 700 islands and cays, with each island providing its own charm and unique Bahamian culture. As the value of real property in the jurisdiction tends to hold or gradually appreciate over time, the purchase of real property remains a viable and attainable wealth-creating mechanism.
Tax consequences of transferring Bahamian real property held by a company for estate planning
Lennox Paton- Bahamas
- 24 July 2020
Bahamian real property is commonly held by a company which is incorporated in The Bahamas or another jurisdiction whose shares may be held by an individual or their nominee. A 'beneficial owner' is any person who is beneficially interested in the real property, including a beneficiary under a trust. This article considers the tax consequences of transferring Bahamian real property held by a company for estate planning purposes.
Has COVID-19 affected real estate transactions?
Lennox Paton- Bahamas
- 29 May 2020
Restrictions on both domestic and international travel, lockdowns and curfews have been imposed in The Bahamas to restrict movement in an attempt to reduce the spread of COVID-19. While law firms have had to close their physical doors to the general public, real estate and resort development attorneys have embraced new and efficient procedures for closing transactions.
What impact could COVID-19 have on leases?
Lennox Paton- Bahamas
- 22 May 2020
The government recently announced an ambitious rental assistance programme to assist tenants who have been economically affected by COVID-19 and are unable to satisfy their contractual obligation to pay rent. However, many pundits have questioned the legality of rental assistance during a state of emergency.
Cayman Islands
Observations about linked property transactions under Stamp Duty Law
Ogier- Cayman Islands
- 27 March 2020
In late 2018 the Stamp Duty Law (Revised) was amended in order to eliminate the growing practice of reducing stamp duty due to the government by means of linked property transactions (LPTs). Essentially, the reason for introducing the LPT provisions was to ensure that stamp duty is calculated on the total value of the raw land and the dwelling constructed on that land in the case of an LPT where a development scheme links the purchase of the raw land with the subsequent construction of a dwelling.
Cyprus
Supreme Court rejects administrative recourse challenging compulsory acquisition notice
- Cyprus
- 02 August 2019
The Supreme Court recently rejected a first-instance rejection of a property owner's request for the return of land that had been compulsorily acquired by the state in 1977. The applicant claimed that the land was not being used for one of the acquisition's original purposes. However, the court found that as the applicant had taken no measures against the initial acquisition, he could not call it into question after 35 years by relying on the broadness of the stated purposes.
Supreme Court examines appeal against decision by Land Registry director
- Cyprus
- 17 May 2019
The Supreme Court recently issued its decision on the appeal of a district court interim decision concerning an application to present oral evidence as part of an application against a decision by the director of the Land Registry. The applicants had filed their application against the director's decision to grant a right of way to the respondent to the detriment of their immovable property.
Rent Control Court awards damages to owner after tenant is evicted
- Cyprus
- 22 February 2019
The Limassol Rent Control Court recently dismissed an application regarding the eviction of a tenant from a leasehold. Since it was ruled that the first and second applicants had never owned the property, they were not entitled to file the eviction application. However, the court awarded damages in relation to unpaid rent to the third applicant (who became the actual owner of the property after the application).
Germany
New legislation on rent increases due to modernisation – impact on investors
- Germany
- 10 May 2019
Tenants in Germany are generally well protected against rent increases in existing tenancies and high rent increases are uncommon; however, a major exception is when flats or houses are modernised. New legislation aims to offer tenants improved protection against abusive practices when modernisation work is announced and carried out and prevent them from being disproportionately burdened by rent hikes due to modernisation.
