Allotment Garden Act

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Basic data
Title: Allotment Garden Act
Long title: Federal law on the regulation of allotment gardens
Type: Federal law
Scope: Republic of Austria
Legal matter: Administrative law
Reference: Federal Law Gazette No. 6/1959
Date of law: December 16, 1958
Effective date: January 10, 1959
Last change: BGBl. I No. 98/2001
Please note the note on the applicable legal version !

The Austrian allotment garden law regulates lease agreements for allotment gardens as well as the legal status of allotment gardening associations and associations of allotment gardening associations.

In addition, some federal states have passed allotment garden laws, for example Vienna or Lower Austria .

Definitions

Allotment gardens are plots of land (parts of land) with a size of more than 120 m² and a maximum of 650 m² that are not used for commercial purposes or for recreation. Allotments can be inside or outside an allotment area.

Not affected by the law are:

  • Allotments on your own property
  • agricultural or forestry operations
  • Individual leases in small communities or
  • Allotments that can be used against revocation at any time

lease agreement

The following provisions apply to the lease:

  • Lease contracts can be concluded for an indefinite or specific period (at least 10 years).
  • Only one lease can be concluded per federal state
  • The allotment gardener is not permitted to sublet the allotment garden

It will

  • General leases
  • Sub-leases
  • Individual leases

distinguished.

Replacement on termination of the lease

Upon termination of the sub-lease, the sub-lessor can claim compensation from the general lessor for the expenses he has incurred. This applies to the plantings necessary for allotment garden use as well as the buildings if these have been erected in accordance with the building regulations.

Allotment gardening associations and associations of allotment gardening associations

Allotment gardening associations and allotment gardening associations are associations which, in accordance with their statutes, are responsible for promoting allotment gardening and safeguarding the related interests of their members.

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