Construction Law (Austria)
In Austria, building law is the private right to erect a building on someone else's property - or under its surface . It is regulated in the Construction Law 1912 ( BauRG ).
| Basic data | |
|---|---|
| Title: | Building Law |
| Long title: | Law of April 26, 1912 on building law |
| Abbreviation: | BauRG |
| Type: | Federal law |
| Scope: | Republic of Austria |
| Legal matter: | Property law |
| Reference: | RGBl. No. 86/1912 |
| Date of law: | April 26, 1912 |
| Date of regulation: | June 11, 1912 |
| Last change: | BGBl. I No. 30/2012 |
| Legal text: | BauRG |
| Regulation text: | RGBl. No. 114/1912 |
| Please note the note on the applicable legal version ! | |
Substantive law: the building law
The building right is an inheritable and alienable real right to a thing , i.e. a usufruct .
In contrast to the Superedificate , this is a permanent building. The term of such a contract - between the owners of the land and the structure - is between 10 and 100 years. Usually, the building rights provider receives a corresponding payment , the building interest, from the building rights applicant / building owner . The person authorized to build has the rights of the owner of the building and the rights of the usufructuary to the property . After the contractually agreed deadline has expired, the building becomes the property of the landowner in return for appropriate compensation .
Legal source: The Building Law Act
This right is regulated in a separate law, the law of April 26, 1912, on building law. (Construction Law - BauRG) , StF: RGBl. No. 86/1912 and including the implementing regulation by the Minister of Justice in agreement with the Minister for Public Works, the Minister of the Interior and the Minister of Finance of June 11, 1912 on the implementation of the law, regarding the building law RGBl. No. 114/1912 is still valid today. However, BGBl. 1990/258 was comprehensively amended.
literature
- Heinz Barta: Civil Law - Outline and Introduction to Legal Thought. Chapter 8 Property Law II - Property: Acquisition, Forms, Real Rights F. Building Law ( online textbook , Leopold-Franzens-University Innsbruck)
