Austrian OGH on Built-In Furnishings Included in Purchase Agreements

Oct 10, 2025 Benn-Ibler Rechtsanwälte

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently stated that built-in furnishings are considered accessories when selling an apartment and are regarded as part of the object of sale without requiring transfer.

Property owner asserts ownership of built-in furniture

In the case at hand, the defendant had transferred ownership of a residential building to the plaintiff. Following the transaction, the defendant and his spouse remained occupants of one of the apartments within the property. Subsequently, a fire originated in the attic, resulting in significant financial loss to the defendant due to damages sustained during the firefighting operations.

The defendant recovered EUR 91,565.96 in household insurance for damaged furniture, with EUR 56,456 for the built-in items. The plaintiff, now the property owner, claims the EUR 56,456 for the built-in furniture sold as an accessory, per the initial judgment.

The defendant argued for dismissal of the claim on the grounds that the built-in furniture was not included in the purchase agreement, as there had been no physical transfer. The court of first instance found in favour of the plaintiff and ordered the defendant to pay the claimed amount. On appeal, the court revised the award, ordering the defendant to pay EUR 27,301.

No need for a separate physical transfer

The OGH agrees with the opinion of the lower courts, stating:

Accessories can be subject to special rights and may not share the same property law status as the primary item. If no other agreement exists, as was the case here, both accessories and independent components are transferred along with the main item without requiring a separate physical transfer when ownership of a property changes. The land register entry also includes accessories and independent components, such as the furniture mentioned in this case. In this instance, a separate transfer through physical delivery, as defined in Section 428 of the Austrian Civil Code (Allgemeines bürgerliches Gesetzbuch, hereinafter ABGB), is not necessary.

The appeal was dismissed.

OGH 1 Ob 108/25a (9 September 2025)