Becoming a notary in Austria: from the register of candidates to your own notary post

An office that is conferred

Under § 1 of the Notariatsordnung, public notaries are appointed by the state. They draw up public deeds, hold documents, money and securities in safe custody and are deployed by the courts as Gerichtskommissär:innen (court commissioners), above all in probate proceedings. Because the state confers this office, there is no free market entry: how many notary posts there are and where their official seats lie is determined by the Federal Ministry of Justice by regulation, after the Notariatskammer (chamber of notaries) has given its opinion (§ 9 NO).

For planning your career, this means you cannot simply rent premises and put up a plate, nor can you acquire an existing notary's office from a predecessor. When a post becomes vacant, for example because the current holder turns 70 and her office ends at the end of January of the following year, the chamber advertises it. New posts are occasionally created too: in 2025 and 2026, for example, the ministry created additional notary posts in Klagenfurt, Hall in Tirol, Wien-Innere Stadt and Wien-Döbling.

The requirements for appointment at a glance

§ 6 NO lists who can be appointed as a notary. The list is short, but every item carries weight. The period of practice in particular determines how early you can realistically apply.

The years as a notary candidate

The real start of the career is entry in the register of notary candidates kept by the competent Notariatskammer (§ 117a NO). The requirements are nationality as above, trustworthiness, the law degree and at least five months of court training. New since 2026: you must be under 50 at your first registration. Until the amendment this limit was 35, which in practice shut out career changers from the legal profession, public administration or business.

As a candidate you are employed by a notary; working conditions are governed by collective agreements concluded through the chamber. You prepare deeds, handle property transactions, company formations and estates, and get to know day-to-day office work with escrow, the land register (Grundbuch) and the commercial register (Firmenbuch). After one and a half years of practice and passing the first partial exam, you may stand in for your training notary on their behalf (§ 118 para. 2 NO). Later, many candidates take on substitutions, i.e. standing in during holidays or illness, or run a vacant post as a Notariatssubstitut:in (acting notary).

The Notariatsprüfung in two parts

The Notariatsprüfungsgesetz (NPG, Notary Examination Act) divides the exam into two partial exams, each with a written and an oral part. The examination boards sit at the Oberlandesgerichte (higher regional courts). Only those who have attended the compulsory training courses are admitted; the chair of the examination board decides on admission in agreement with the chamber. A refusal can be appealed to the Bundesverwaltungsgericht (Federal Administrative Court).

• Plan early: the first partial exam opens up the authority to stand in. That is why many candidates take it as early as the training courses allow.
• Link practice and exam: the three candidate years after the exam count separately for appointment. If you put off the second partial exam for a long time, you also postpone the earliest date on which you can apply.
• Breadth rather than a niche: a rural notary's office lives on property, farm and business handovers and estates, an urban one often more on company law. Gain experience in both.

Advertisement, shortlist and appointment

When a notary post becomes vacant, the procedure follows §§ 10 and 11 NO. It is highly formalised and requires patience, because a single advertisement often attracts many applications.

Two limits are worth knowing: applications are not permitted once you have turned 64. And if you are already a notary, you can only apply for another post after six years in your current one. Your first post is therefore a decision for a longer period. It does not, incidentally, come with territorial protection: your authority applies throughout Austria (§ 8 NO), but the office must be at the official seat.

The first months at your own official seat

Between appointment and the first notarisation there are usually only a few weeks. Much of this is organisation that you will have observed as a candidate but rarely been responsible for yourself.

Sole notary's office or notary partnership

Most notaries hold their office alone. In addition, the Notariatsordnung allows a Notar-Partnerschaft (notary partnership) as a general or limited partnership (OG or KG, § 22 NO). It needs the chamber's approval and is entered in the commercial register (§§ 22, 23 NO). Partners can be notaries who share an office or whose official seats lie in the same or a neighbouring district court area within the same regional court area, as well as notary candidates who meet all requirements for a notary post (§§ 22, 25 NO). The law does not provide for a notary GmbH.

The name is regulated too: the firm name begins with „Öffentlicher Notar“ or „Öffentliche Notare“ (public notary/notaries), names all the notaries and ends with „Partnerschaft“ or one of the permitted additions such as „& Partner“ (§ 24 NO). Invented names or brands, as used by law firms, are therefore ruled out, which has a direct effect on your domain, logo and website.

Costs, contributions and pension provision

Instead of a purchase price, you face the costs of running the office: rent at the official seat, furniture, IT with deed archive and signature, software and above all staff. Notaries are not members of the Wirtschaftskammer; we are not aware of any dedicated start-up funding for notary's offices.

• Chamber contributions: the chamber levies contributions under its contribution regulations (§ 125a NO), calculated as a share of the contribution base under the Notarversorgungsgesetz. Your chamber can tell you the current rates.
• Compulsory pension: your pension provision runs through the Versorgungsanstalt des österreichischen Notariates under the Notarversorgungsgesetz 2020 (NVG 2020, Notaries' Pensions Act). A 2026 amendment introduces a graduated minimum pension for people with fewer than 30 contribution years.
• Fees: your income follows the Notariatstarifgesetz (NTG, notaries' fee scale). The tariff rates must not be exceeded (STR 2000, item 53), and the expected fee must be disclosed when the instruction is accepted (item 58).

General questions about starting a firm in Austria, from tax number to bookkeeping, are covered in the post Setting up a firm in Austria.

Your online presence when you take office

Anyone who needs a notary appointment now searches online first: „Notar in der Nähe“ (notary near me), „Notar Testament Kosten“, „English-speaking notary Vienna“ or the name of their municipality. For a new notary's office, the website is therefore where clients learn that you exist, when you are available and which documents they should bring. At the same time, under § 31 para. 6 NO you may only give truthful and factual information about your work. For a notary website that is no disadvantage: clear information is exactly what visitors are looking for.

• Official seat, directions, office hours, outreach days in neighbouring municipalities and a note on the free initial legal information
• Areas of work in plain language: buying and handing over property, lasting power of attorney (Vorsorgevollmacht) and wills, estates, company formation, certifications
• Checklists and data sheets to download, so the first appointment is well prepared, for example from the document checklist for property purchases, company formations and probate
• The team with their roles, including your candidates and acting notaries
• A complete imprint with chamber and supervisory authority, see Imprint for notaries in Austria

What does not belong on the site, such as review stars or client quotes, is explained in the post Advertising for notaries in Austria. We build a website with this content for a fixed price of €1,800 net, and hosting costs €30.