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Residential Affidavit for Austria

Residential Affidavit Template for Austria

A residential affidavit is a formal sworn statement used in Austria to officially declare facts about a person's living situation or residential circumstances. The document must comply with Austrian legal requirements, particularly the Notarial Act (Notariatsordnung) and relevant provisions of the Austrian Civil Code (ABGB). It serves as a legally binding declaration that can be used for various purposes, including proof of residence, housing benefits applications, or property-related legal proceedings. The document requires notarization and must be prepared in accordance with Austrian formal requirements for affidavits.

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What is a Residential Affidavit?

A Residential Affidavit is a crucial legal document in the Austrian legal system, used when formal verification of residential circumstances is required. This document type is commonly needed for various administrative and legal procedures, such as applying for social benefits, confirming primary residence for tax purposes, or supporting immigration applications. The affidavit must be executed before a notary public and comply with Austrian legal requirements, including those set forth in the Notariatsordnung and ABGB. It typically includes detailed information about the resident's living situation, duration of occupancy, and purpose of residence, supported by relevant documentation. The Residential Affidavit carries significant legal weight and false declarations can result in serious legal consequences under Austrian law.

What sections should be included in a Residential Affidavit?

1. Declaration Header: Formal introduction stating this is an affidavit, including the date and place of execution

2. Declarant Information: Full legal name, date of birth, current address, and identification details of the person making the affidavit

3. Property Details: Complete address and legal description of the property in question, including land registry details (Grundbuch)

4. Basis of Knowledge: Statement explaining how the declarant has personal knowledge of the facts being sworn to

5. Residential Status Declaration: Primary declarations about the residential situation, including occupancy status, duration of residence, and purpose of use

6. Verification of Facts: Specific statements verifying the truth of all declarations made

7. Execution Block: Formal closing, including declarant's signature, date, and notary attestation section

What sections are optional to include in a Residential Affidavit?

1. Co-Residents Declaration: Required when other individuals reside at the property, listing all occupants and their relationship to the declarant

2. Previous Residency History: Include when the affidavit needs to establish a pattern of residency or historical living situation

3. Financial Declarations: Required when the affidavit must address rental payments, ownership costs, or other financial aspects

4. Property Usage Details: Include when specific declarations about how the property is used are relevant

5. Third-Party Authorizations: Required when the affidavit grants permissions or authorizations to other parties regarding the property

What schedules should be included in a Residential Affidavit?

1. Schedule A - Identity Documents: Copies of official identification documents of the declarant (passport, driving license, etc.)

2. Schedule B - Property Documentation: Land registry excerpts, property plans, or other relevant property documentation

3. Schedule C - Residency Proof: Supporting documents proving residency (utility bills, registration certificates, etc.)

4. Schedule D - Photographic Evidence: If relevant, photographs of the property or specific conditions being declared

5. Schedule E - Additional Declarations: Any supplementary sworn statements from other relevant parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Austria

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use

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