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Information on Legal Restrictions – Leisure Residences

  • Using a property as a leisure residence will only be permitted by law if the use of the property as a leisure residence has been expressly permitted by the authorities with legal effect.
  • In Section 13, para 1, 1st sentence of the Tyrolean Regional Planning Act 2016 (TROG 2016), the definition of the term “Freizeitwohnsitz/Leisure Residence” reads as follows: “Leisure residences are buildings, apartments or other parts of buildings that do not aim to satisfy the need for year-round accommodation as a center of vital interests but are used for vacation stays, during holidays, on weekends or for other temporary recreational purposes only.”
  • Unpermitted use of a property as a leisure residence (also by other persons) is subject to an administrative penalty of up to EURO 40,000.00 and a prohibition by the authorities to use the property up to an official public auction of the property.
  • In case of an administrative procedure for unpermitted use of a leisure residence, the person entitled to a right of use will have to provide evidence of its use. In addition, official agents will be authorized to enter the property upon request and obtain information and personal data from utility or waste disposal companies and other service providers.
  • If a property is used as a leisure residence, additional local visitor taxes will be payable that will be collected by the respective local administrative authority on the one hand and by the respective tourist association on the other hand. The local visitor taxes vary between municipal areas.
Aurum Immobilien Kitzbüheler Straße 71 6365 Kirchberg in Tirol T: +43 (0) 5357 500 20 E: office@aurum-immobilien.com