Key points at a glance
- Notary posts are fixed in number (systemisiert): the Federal Ministry of Justice sets their number and official seats by regulation (§ 9 NO). A post is advertised, not founded, and has no purchase price.
- The way in is registration as a notary candidate with the chamber: a law degree, at least five months of court training and, since the 2026 amendment, being under 50 at first registration.
- For appointment you need the Notariatsprüfung (notary exam, two partial exams) and seven years of practical training, at least three of them as a candidate after the exam (§ 6 NO).
- The chamber draws up a ranked shortlist of three, and the appointment is made by the BMJ. Before taking office come the swearing-in and proof of indemnity insurance of at least €400,000 per claim.
- A plain, factual website with your official seat, office hours, outreach days (Amtstage) and areas of work is now part of taking office; advertising in the narrower sense hardly is.
This post is general information, not legal or tax advice for your individual case. Laws, professional guidelines and chamber fees change: check the details with your chamber, the relevant authority or your professional association before you make a decision.
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.
| Requirement | What exactly is required | Provision |
|---|---|---|
| Nationality | Austria, another EU or EEA state or Switzerland | § 6 NO |
| Legal capacity | Full legal capacity, no legal guardian | § 6 NO |
| Degree | Degree in Austrian law of at least 240 ECTS, including at least 200 ECTS in specified legal subjects | § 6a NO |
| Exam | Notariatsprüfung, consisting of two partial exams | Notariatsprüfungsgesetz (NPG) |
| Practice | Seven years of practical training, at least three of them as a notary candidate after the exam; if there are too few applicants, four years, two of them as a candidate | § 6 paras. 2, 3 and 5 NO |
| Age | Not yet 64 at the time of appointment | § 6 Abs 1 Z 7 NO |
| Insurance | Indemnity insurance of at least €400,000 per claim, with no limit on run-off cover | § 30 NO |
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.
Advertisement
The Notariatskammer publishes the vacant post on the website of the Österreichische Notariatskammer (Austrian Chamber of Notaries). The application period is at least 14 days.
Application to the chamber
You apply to the advertising chamber with evidence of your exam, periods of practice and previous work.
Shortlist of three
The chamber draws up a ranked and reasoned shortlist of three applicants. Factors weighed include trustworthiness, suitability, previous performance, length of practice (with decreasing weight from 14 years) and personal circumstances.
Appointment by the BMJ
The Federal Minister of Justice appoints one person to the specific post (§ 10 NO).
Swearing-in and taking office
Before taking office you take the oath (§ 32 NO) and prove your indemnity insurance. Only then may you draw up deeds.
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.
To do before and shortly after swearing-in:
- Take out and prove indemnity insurance: at least €400,000 per claim, no limit on run-off cover (§ 30 NO)
- Office plate under § 31 para. 4 NO: the Austrian federal coat of arms, your name and a reference to your status as a public notary
- Set up the business register and books under §§ 110 to 116 NO, and access to the deed archive and electronic signature
- Ensure participation in electronic legal communication (ERV) with the courts (§ 89c para. 5 GOG), with an address code via the chamber
- Define and document processes for the anti-money laundering duties under §§ 36a et seq. NO
- Bind staff to the confidentiality that § 37 NO imposes on you towards the parties
- Organise outreach days and the free initial legal information that the professional guidelines require (STR 2000, item 56)
- Check your entry in the chamber's Notariatsfinder and keep your contact details up to date

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.
What your notary's office website could look like
Take a look at example websites for notary's offices and law firms: factual, with outreach days, areas of work and a complete imprint.
Sources
- Notariatsordnung (NO), RIS
- Notariatsprüfungsgesetz (NPG), consolidated version
- Austrian Parliament: committee report 420 d.B. XXVIII. GP (age limit § 117a NO)
- Österreichische Notariatskammer: Standesrichtlinien STR 2000 (version of 16 October 2025)
- Österreichische Notariatskammer: the profession
- Notarversorgungsgesetz 2020 (NVG 2020), RIS
- BGBl. I Nr. 50/2026: 2nd amendment to the NVG 2020
- BGBl. II No. 141/2026: new notary post Wien-Innere Stadt
- oesterreich.gv.at: electronic legal communication (ERV)


