If the premises are not vacated by the deadlines specified under Article 154/A Subsections (1) and (5) of the Vht., the auction buyer may request the bringing into possession of the property before the fifteenth day following the prescribed time limit for vacancy.

The bailiff shall notify the notary of the municipal government where the property is located  – within eight days of receipt of the request for the bringing into possession of the residential property – that the judgment creditor have submitted a request for the bringing into possession of the real estate property. (Article 154/A. (10) (11) of the Vht).

Please note that during the foreclosure moratorium (i.e. between 15 November and 30 April), the independent bailiff cannot take measures to evict a private person from a residential property.

The auction buyer and the resident have the right to agree on taking possession of the property at any time (even during the moratorium period) outside of the possession procedure.