Mag. Balazs Esztegar LL.M.
Attorney-at-law Vienna

Piaristengasse 41/10
1080 Vienna, Austria
Tel. +43 1 997 4102
Fax +43 1 997 4102-99
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Law of Construction and Construction Proceedings

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The law of construction depends in Austria on the legislative competence of the federal provinces. Each province has its own Construction Acts which are usually laid down in the relevant building regulations and in several supplementary acts and regulations.

The construction proceedings serve the determination of the permissibility of a building project and the lawful execution thereof. This proceeding is instituted either ex officio by the building authority or by a party authorised thereto. The parties to a construction proceeding are those for whom the building regulations have recognised a subjective right in public law; these are regularly the foreman, the owner of the plot of land and the neighbours.

Subject of the construction proceeding is either the granting of building permit, the defence against official stipulations or even a decision of demolition or licensing deviations from the building regulations. A further type of proceeding rooting in the law of planning and building is treating the costs of the development of public utilities and other public dues prescribed in accordance with the building regulations.