FUITH Rechtsanwälte

Is it possible to leave a property vacant instead of using it as a holiday home?

Von Mag. Martin Fuith, LL.M.

Last updated:

Under an amendment to the Tyrolean Vacancy-Charge Act on Holiday Homes, owners must pay a vacancy charge to the municipality when a property stands empty. Vacancy is therefore not prohibited by law but triggers a charge.

Under an amendment to the Tyrolean Vacancy-Charge Act on Holiday Homes (Tiroler Freizeitwohnsitz Leerstandsabgabegesetz), owners must pay a vacancy charge to the municipality when a property stands empty. Vacancy is therefore not prohibited by law but triggers an obligation to pay this charge.

It must be examined in each individual case whether a vacancy in fact exists and whether the obligation to pay the charge therefore arises. Where a property is unused even only temporarily, formally declaring the vacancy can provide legal certainty and prevent proceedings for unlawful use as a holiday home.