We regularly represent the interests of applicants for construction permits, apartment and house owners as well as neighbors in proceedings before the administrative construction authorities (in Vienna: magistrate‘s department 37, in lower Austria: mayor as administrative construction authority of first instance).
Construction projects for buildings like residential houses are principally subject to prior approval by the construction authority. In addition to the regional laws on construction, e.g. the lower Austrian construction or the Vienna construction acts, an applicant has to consider the binding land development plans and directives on modalities of construction. The specifications in the applicable land development plan defining a parcel as posture, construction site for trade purposes, construction site for residential purposes etc. restrict the dispositions of the owner of a parcel.
The adjoining owners of parcels and other neighbors may derive claims against an applicant for approval of a construction project from the applicable legislation on construction (construction laws, land development plans, directives and plans restricting the modalities of construction) enforce these claims at the construction authority. Adjoining onus of parcels and neighbors may enforce the compliance with provisions regarding the positioning of constructions on the parcel, minimum distances between houses/constructions or restrictions on the height of constructions.
- The legal assessment of construction projects are subject to several public laws and regulations. We will glladly to assist you to find your way through the applicable construction laws.
For the owners of adjoining parcels and other neighbors it is important to know their rights and legal claims with regards to construction projects. These rights need to be formally addressed to the competent construction authority in order to be safeguarded in the final decision, i.e. the approval or rejection of a construction project.
- We will take the necessary steps to ensure that your concerns and interests as applicant, owner of an adjoining parcel or neighbor are duely considered in the proceedings before the construction authority.
- We file legal remedies against formal approvals (appeals to the administrative court). If necessary we also represent you before the supreme courts in Austria (supreme administrative court, constitutional court).
In some instances even after the formal approval of construction legal questions with reference to existing buildings arise. The construction authorities routinely check the compliance of existing buildings with the formal approval. Discrepancies between the formal approval and a construction in nature result in fines and administrative orders to eliminate the discrepancies. In the first case, administrative authority may order and even enforce the demolition of a building.
As the owner or constructor of such a building afflicted by such an administrative order, you should contact a specialized attorney well experienced with a construction law in order to avoid or at least minimize the economic damage.
- We represent the projector, the owner and constructor and administrative authorities (in Vienna: magistrate’s department 37), in order to ensure the best possible outcome in case an administrative order to eliminate discrepancies from a formal approval.
- In the context of construction projects infringing on the rights and interests of neighbors, in addition to legal steps before the administrative authorities court actions may be indicated to safeguard the neighbor’s interests. We have year-long experience and achieved sucesses before courts in favor of neighbors.
Contact us if you wish us to advise, guide and reprising you in administrative construction proceedings!