public building law (Austria)

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As public construction law regulations are meant to serve the public in the construction of a building to safeguard interests. There is a close substantive connection to spatial planning and spatial planning law .


According to Article 15, Paragraph 1 of the B-VG , the building industry is a matter for the federal states in terms of legislation and enforcement. There are therefore different building regulations from country to country.

Construction method

scope of application

Certain buildings are excluded from the scope, such as:

  • Military facilities (§ 3 Z 3 Styria BauG, § 1 Abs. 3 Z 4 Upper Austrian BauO, § 1 Abs. 3 lit. b TBO)
  • Water law systems (§ 3 Z 6 Styrian BauG, § 1 Abs. 3 Z 2 Oö. BauO, § 1 Abs. 3 lit.
  • Energy systems (§ 3 Z 7 Styrian BauG, § 1 Abs. 3 Z 5 Upper Austrian BauO)

Types of construction projects

One distinguishes between:

Notifiable projects

These buildings only need to be reported to the authorities. The authority approves the project. These include, for example:

  • New construction, extension or conversion of outbuildings
  • Protective roofs up to a certain area
  • Retaining walls up to a certain height
  • the change in the altitude of the site (§ 25 Z 8 Upper Austria BauO, § 20 Z 4 Styria BauG)

Projects that do not require a permit

  • Pergolas
  • Water basins up to a certain depth and area

Projects requiring approval

A building permit must be requested for these projects . These include, for example:

  • New construction, extension or conversion of buildings
  • Changes in use of buildings


The authority of the first instance is usually the mayor (Section 2 (1) Styrian BauG, Section 55 Upper Austria BauO, Section 51 TBO)

Building applications

A written application must be made to the competent authority for approval. The following documents must be attached:

  • an extract from the land register
  • the planning documents in two to three copies ( submission plan )
  • a directory of neighboring properties and neighbors
  • Declaration of consent from the landowner or the building authority

Building negotiation

The building authority can conduct an oral building negotiation. If it does, it must in any case notify the parties.

Decision of the authority

The authority decides in writing with a notice .

Further steps

A building project that requires a permit may only be started after the building permit has become legally binding. A site foreman who is responsible to the building authorities is appointed for the construction of the building. The building authority is authorized to supervise the building .

When the building is completed, the building authorities are notified. This then issues the usage permit.


  • Dietmar Jahnel: Building law. In: Bachmann u. a. (Ed.): Special administrative law . 8th edition, Springer, Vienna / New York 2010, ISBN 978-3-7091-0340-1 , pp. 465–497.