Reminder to register with the electronic building file, new regulations for evictions and the new municipal property tax also affect tenants.
Electronic building file: Obligations before heavy fines
Owners of non-residential buildings must create an electronic building file by 31 January 2026. The deadline is approaching – and those who are late risk fines ranging from €200 to 10% of the unit value.
Which buildings are already affected?
- Meeting places such as theatres, cinemas, conference and exhibition halls, sports facilities.
- Education and health: schools, hospitals, clinics, psychiatric centres, daycare centres.
- Tourism and commerce: hotels larger than 300 m², petrol stations, car repair shops.
- Public institutions: community centres, public bodies, prisons.
For residential buildings, offices and shops, the obligation usually only applies when there is a change of ownership. The special cases mentioned above must be dealt with immediately.
Procedure for preparation
- You commission a qualified engineer to carry out an inventory.
- The engineer takes a close look at the building on site.
- He obtains the construction documents from the building authority.
- All the necessary information is then stored in the digital file.
- If he discovers any illegal components, he plans for their legalisation or subsequent registration at the same time.
Important documents
- Building permit and construction plans.
- Energy performance certificate.
- Documents relating to already legalised unauthorised structures.
- Structural test reports or evidence of the building fabric.
- Cadastral survey and overview of co-ownership shares, if relevant.
Practical tips
- The digital file should be complete and correct – otherwise everything will take longer.
- If you discover any defects, it is best to discuss them with the engineer right away so that additions or legalisation can be addressed early on.
- If the ownership structure is divided or changed, you will need the file so that everything is clearly described.
- The costs depend on the size and complexity. Planning early saves stress and rush charges.
Fine structure
- At least €200.
- Maximum 10% of the official unit value.
- The amount of the fine depends on the violation, the size of the property and the value of the land.
Short checklist before the deadline
- Check whether the building is already affected.
- Hire an engineer and make an appointment for an inventory.
- Gather all construction documents and energy certificates.
- Discuss any outstanding defects with the engineer and draw up a renovation plan.
- Submit the electronic file in good time.
What changes for landlords and tenants in the event of evictions
The change in the law will make it significantly easier to return rented flats at the end of the tenancy period. In future, landlords will often be able to reclaim the property more quickly without having to wait for lengthy court proceedings.
The aim is to reduce the frequent delays in the current process. At first glance, this sounds like a real relief for many landlords.
Landlords must inform tenants in good time. Before the lease expires, a formal reminder must be sent by a bailiff.
This notice must be sent at least three months before the end of the lease. This way, the tenant knows when things will get serious and how much time they have left.
Instead of applying for normal legal proceedings, landlords can now engage a certified solicitor. The competent court appoints this solicitor specifically for such cases.
The solicitor reviews the documents and then issues a return order. In many cases, this eliminates the previously mandatory court decision.
The tenant can appeal against the order. There is a legally defined deadline for this.
Anyone who lodges an appeal should submit their reasons and evidence in writing. This ensures that fundamental rights are upheld.
The new regulation gives tenants sufficient time to make the change. The deadlines usually add up to at least six months to find a new flat.
This includes three months’ notice and a two-month implementation period. The individual steps are therefore quite clearly staggered.
Simplified sequence of events:
- Delivery of the reminder by a bailiff (at least three months before the end of the contract).
- Landlord’s application to the court for the appointment of a certified solicitor.
- Review of the documents by the solicitor.
- Issuance and publication of the return order.
- Tenant may lodge an objection within the deadline.
- After the deadline: enforcement and, if necessary, eviction.
The change requires precise formal requirements. The advance notice must be delivered correctly.
The application to the court and the documents for the solicitor must also be complete. Anyone who is sloppy here risks delays or even the failure of the entire proceedings.
The role of the court-appointed solicitor is central. They often replace the previous court decision and check whether everything is legally correct.
They must remain neutral and weigh up the rights of both sides. It sounds like a lot of responsibility – and it is.
For tenants, this means that they have to keep an even closer eye on deadlines. Anyone who misses the response deadline may lose important legal remedies.
Therefore, it is best to seek legal advice immediately after delivery. Anyone planning to appeal should gather all the necessary documents immediately.
A few practical tips for landlords:
- Have the notice delivered early and correctly.
- Submit all documents in full.
- Help appoint a solicitor, as this speeds up the process.
- Communicate openly with the tenant, as this often takes the pressure off.
And tips for tenants:
- Check deliveries and note deadlines.
- Seek legal assistance promptly if you are uncertain.
- Have important documents such as the tenancy agreement and proof of payment ready.
- Talk to the landlord – sometimes a solution can be found without dispute.
The reform aims to prevent abuse. To ensure that no one is suddenly left homeless, the legislator has built in protective mechanisms and deadlines.
The new regulations do not apply to all contract terminations. In the case of rent arrears or other breaches of contract, the normal court proceedings remain in place.
Courts must now organise the appointment of specialised solicitors. Bailiffs remain responsible for service of process.
This requires proper internal coordination, otherwise deadlines can easily get mixed up. Things can get lost.
Many cases no longer end up in court, but are settled by lawyers. This saves time and resources – provided that the new players have their tasks under control.
A lack of information can lead to misunderstandings. Both sides need to understand the new deadlines and steps.
If tenants miss their rights or landlords take the wrong steps, trouble can quickly arise. Authorities and associations should definitely provide clarification here.
The reform also stipulates that the return order must be published. This allows tenants to take note of it – transparency is essential.
Legal recourse remains open in the event of disputes over formal errors. Tenants can take action against incorrect deliveries, and landlords must ensure that procedures are followed correctly.
The financial and social consequences should not be underestimated. Tenants face costs and stress when moving at short notice, while landlords gain planning security.
The regulation relies on clear documentation. Tenancy agreements, notices of termination, payment receipts and handover reports are becoming even more important.
The new procedure is not suitable for all cases. Complex disputes or serious breaches of contract will continue to be dealt with in court.
Associations and professional organisations now offer guidelines and information material. These help to better understand the new rules.
All parties involved must now become more active. Landlords should ensure formal correctness, tenants must react quickly.
Lawyers or advice centres can help in cases of uncertainty. Sometimes a conversation is worth more than endless correspondence.
Briefly summarised in bullet points:
- Simplified return without normal court proceedings.
- Three months’ notice by bailiff is mandatory.
- Court-appointed solicitor reviews and issues the order.
- Tenants have the right to appeal and at least six months to move out.
- Complex cases remain with the court.
Those who are aware of the new deadlines and procedures are better able to protect their rights. It is worth taking a close look – and, if in doubt, asking again.
New municipal property tax also affects tenants
A new municipal tax model will be introduced in 2027. At the municipal level, a property tax will then be levied.
This tax will replace the old TaP and the electricity-related portion of the building tax. The municipalities will determine the exact rate themselves – but only within a specified framework.
The fee is calculated as a percentage of the property value. The range is between 0.80‰ and 1‰.
Local authorities decide which rate applies in their area. As a result, the burden can vary considerably from place to place.
The local zone price is used to calculate the value. The age of the building is also taken into account.
This means that new buildings and older buildings are taxed differently. So there is no fixed value for all.
The fee applies to built-up areas in building zones and settlements. Buildings outside building zones are also included.
For buildings outside the plan, twice the area is taken into account for the levy. This can significantly increase the costs.
Certain property rights also lead to the levy. For example, anyone who transfers a building right or overbuilding right by notarial deed pays the fee.
However, state and church land remains exempt. The levy does not apply here.
The levy is collected in part via the electricity bill if the property is connected to the grid. Anyone who does not pay on time risks having their electricity cut off.
This links the payment obligation quite directly to the supply. This creates additional pressure to pay on time.
Some associations are critical of the new levy. They fear that municipalities will be given too much leeway and that some owners will be unfairly burdened.
Here is an overview of the most important points:
- Scope: All developed properties in building areas, buildings outside the plan and certain transferred rights of use.
- Assessment basis: Zone price plus age coefficient; for buildings outside the plan, double the area counts.
- Rate range: 0.80‰ to 1‰ of the property value, determined by the local authority.
- Collection method: Partly via the electricity bill; non-payment may result in disconnection.
- Exceptions: State buildings and certain religious institutions are exempt.
- The fee is paid by the owner on 1 January of each year. In the case of usufruct, the beneficial owner is liable.
- New owners must submit a property declaration within one month of recognition of the right, while any change in details must be reported within two months. Failure to submit or inaccurate declaration will result in a fine equal to twice the TTA.
- For rented properties where the electricity bill is issued in the tenant’s name, the tenant pays the TTA via the bill and deducts it from the rent.
- If three consecutive monthly bills or one quarterly bill are not paid, the electricity suppliers will cut off the electricity supply. The connection will only be re-established once the amount due has been paid.
- For properties without a HEDNO meter, the fee is assessed and collected directly by the municipality based on the property register. The TTA is paid in three quarterly instalments, unless the person responsible opts for a one-off payment.
The differences between municipalities can have financial consequences. Depending on the zone, age of the building and rate chosen, the annual charge often varies significantly.
These groups should pay particular attention:
- Owners in small municipalities where high rates apply.
- Owners of buildings outside building zones, because the area is calculated differently.
- People who have transferred or acquired building rights or similar rights.
- Owners of properties with electricity connections – here, everything is calculated via the electricity bill.
