At a glance
- Principle: Repeatedly letting a condominium flat designated as a residence to tourists for short stays changes its designated use, according to the settled case law of Austria's Supreme Court (OGH) (Section 16(2) WEG 2002, the Austrian Condominium Act).
- Consent: All other flat owners must agree. A majority resolution or the property manager's approval is not enough.
- Court as a substitute: If someone refuses, the district court can replace their consent in non-contentious proceedings (Section 52(1)(2) WEG 2002) – if the letting neither damages the building nor affects the other owners' legitimate interests nor endangers safety.
- Without consent: any co-owner can sue for an injunction.
- No new consent needed: if the condominium agreement already allows tourist letting or the flat is designated as a holiday apartment.
- Silence doesn't count: the deemed-consent rule introduced in 2022 only covers certain measures such as EV chargers or sun shading, not short-term letting.
Why short-term letting changes the designated use
Every flat owner may, in principle, let their flat. What matters is the designated use set out in the condominium agreement – in most residential buildings it is simply "residence" (Wohnung). If you repeatedly let that flat to changing guests for a few nights, the Supreme Court considers it no longer used for living but for accommodating guests.
Section 16(2) WEG 2002 expressly allows owners to make changes to their own unit, "including changes of designated use". But these need the consent of all other owners if their legitimate interests could be affected. By law, it is enough that an impairment is possible. With short-term letting, the court sees it as obvious: the building is used far more by constantly changing people from outside.
The key decisions:
- OGH 3 Ob 158/11y (8 November 2011): Ten flats in a Vienna apartment building were let as holiday apartments with a minimum stay of – depending on the season – three nights to a week, including final cleaning and bed linen. The court treated this as accommodation, a change of use requiring consent, and ordered the owners to stop. The owners could not rely on tacit consent through years of tolerance – it was not established whether, or since when, the others knew about it.
- OGH 5 Ob 59/14h (23 April 2014): Even a single flat let via the internet and a tourism association to two to four people for 2 to 30 days can affect the other owners. A co-owner's claim for an injunction succeeded.
- OGH 5 Ob 43/19p (20 March 2019): The court confirmed that short-term tourist letting of a unit designated as a residence is a change of use requiring consent. Other flats in the building also being used for tourists did not change the impact on the co-owners.
When no new consent is needed
- The agreement already allows it: If the flat is designated as a holiday apartment or the condominium agreement expressly allows tourist letting, you need no further consent. If the agreement allows short-term letting, the other owners may not refuse a signature you need for an official permit either (cf. Section 16(3) WEG 2002; OGH 5 Ob 172/25t of 12 March 2026, a Vienna case).
- A one-off let: according to oesterreich.gv.at, no change of use is needed for a single short-term let or for letting while you are away yourself – for example a home swap for the duration of your holiday.
- Ordinary residential tenancy: letting to tenants who live there stays within the "residence" designation.
What does not count as consent
- A majority resolution: every single co-owner must agree.
- The property manager's approval: the property manager cannot approve a change of use.
- Years of tolerance: tacit consent through tolerance only comes into question if the co-owners knew about the letting and did not object for a long time – don't rely on it (OGH 3 Ob 158/11y).
- No objection to a letter: since 1 January 2022, consent to certain changes is deemed given if nobody objects within two months (Section 16(5) WEG 2002). But this only covers certain measures such as accessibility alterations, slow chargers for electric cars, certain solar and balcony PV systems, sun shading and burglar-resistant doors – not short-term letting.
- Others let too: other flats in the building already being used for tourists does not replace consent for your flat (OGH 5 Ob 43/19p).
How short is "short-term"?
The law sets no fixed limit. The Supreme Court has held lets with minimum stays of three nights to a week (3 Ob 158/11y) and of 2 to 30 days (5 Ob 59/14h) to require consent. A Vienna district court held lets of under six months without consent to be impermissible – final, but not binding on other courts. The shorter the stays and the more services such as cleaning and bed linen are included, the more likely it is accommodation rather than living. For lets over several months, for example to project staff, the position is less clear – it is worth checking the individual case.
How to obtain consent
- Check the designated use: read your condominium agreement. It is held in the land register's document collection; your property manager or a notary can obtain it.
- Involve your co-owners early: present your plans openly – with house rules for guests, a contact person on site who can be reached, and clear check-in procedures. Concrete commitments ease worries about noise and strangers in the building.
- Get consent in writing: from all other flat owners, with a precise description of the intended use. The cleanest route is an addendum to the condominium agreement drawn up by a notary or lawyer.
- Only then start letting: starting earlier risks an injunction.
If a co-owner refuses
You can then apply to the district court to replace the missing consent (non-contentious proceedings under Section 52(1)(2) WEG 2002). The court examines whether short-term letting damages the building, affects the other owners' legitimate interests or endangers safety. The outcome depends on the individual case: in 5 Ob 43/19p the courts found night-time noise, rubbish, blocked escape routes and illegal parking; on average 40 to 50 additional people came into the building every week. The impact on the co-owners weighed more heavily – the owner's application failed.
What happens without consent
Every single co-owner can sue for an injunction. In 3 Ob 158/11y the owners had to stop letting ten flats and bear the costs of all three instances. The lawsuit only examines whether consent was required and whether the flat was let without it – whether the letting could have been approved plays no role there. On top of that, you then have to cancel bookings already accepted.
What to check beyond condominium law
- You are a tenant, not an owner: you then need your landlord's consent to sublet to guests. Without it, subletting is generally not allowed and can lead to termination.
- Trade law: according to the Carinthian Chamber of Commerce, services such as final cleaning, bed linen and advertising on booking platforms point towards commercial accommodation; the overall picture is what counts. Private room letting without a trade licence is only possible within your own household at your main residence and for at most ten beds.
- Building and zoning law: check whether tourist use fits the building permit and land-use zoning.
- Accommodation levy and guest registration: from 1 November 2026, an accommodation levy of €4.50 per person per night and mandatory electronic guest registration apply throughout Carinthia – details in our guide to the accommodation levy and guest registration.
What this means for city apartments in Klagenfurt and Villach
City apartments are often in residential buildings whose condominium agreement only knows the designation "residence" – unlike many apartment complexes by the lakes and in the ski resorts that were planned for tourist letting from the start. If you want to let in Klagenfurt or Villach to city-break guests, business travellers or for a few weeks, clarify your co-owners' consent first. Whether it pays off afterwards is shown in our worked example for a city apartment in Klagenfurt.
What WÖRTHWHILE takes care of
Before we let a flat, we check its designated use, the condominium agreement and any conditions with you. For the conversation with your co-owners we provide the facts: house rules for guests, check-in and cleaning procedures and who is on site in an emergency. The legal drafting of the consent is done by your notary or lawyer. More: Holiday rental management in Carinthia – services, packages and terms.
Frequently asked questions
Is a resolution of the owners' association enough?
No. A change of use needs the consent of all other flat owners – or a court order replacing it.
I only let for a few weeks a year. Do I still need consent?
If you repeatedly let to tourists for short stays, generally yes. According to oesterreich.gv.at, only a single short-term let or letting while you are away yourself, such as a home swap for the duration of your holiday, is exempt.
The condominium agreement says nothing about tourist letting. Is it allowed then?
No. The "residence" designation then applies, and short-term letting needs your co-owners' consent. The agreement not expressly prohibiting it is not enough.
As of 18 October 2026. This article provides a general overview and does not replace legal advice. Have your case checked by a notary or lawyer.
