Building Law in Austria: Your Law Experts Attorneys Support You Throughout Austria
Building Law in Private Law in Austria - We Advise You Throughout Austria
Building law in Austria basically refers to the totality of all legal norms associated with building. The term building law can therefore be understood in colloquial terms and can be used to describe many things. The term ‘building law’ is often used to describe in general terms all matters under private and public law (building procedures and regional planning, neighbouring rights) that have to do with the construction of buildings.
Construction activity is therefore the focus of building law. In this context, questions of contract drafting, of defects in buildings and questions of the acquisition and sale of real estate (real estate law, sales contract law), buildings and facilities of all kinds up to the establishment of building rights, condominium ownership or other real encumbrances are part of the legal advice on building law.
If new buildings are constructed by a company, a property developer, the property development contract law is also relevant. The property development contract law, called BTVG for short, is always applied when an unfinished apartment or business premises is acquired, and corresponding advance payments must be made. The Property Development Contract Law protects the buyer against the loss of payments already made in the event of the property developer's insolvency.
The term ‘building law’ in the narrow sense describes the private law to construct a building on a third-party property. A property can thus - to have a building on or under the floor area - be encumbered with the right in rem, the right to sell and the right to inherit.
In terms of private law, building law often deals with issues relating to the construction of buildings and the settlement of disputes in this context. In this area of building law, we advise on the following questions:
- Contract review and contract drafting
- Advice for builders, building companies and contracting companies
- Clarification of disputes in connection with the construction of buildings and construction defect processes
- Litigation: Enforcement and defence of claims for damages and warranty claims due to construction defects
- Perpetuation of evidence procedure and judicial disputes
Your Specialists in the Field of Building Law - Attorney-at-Law Mag. Gamsjäger and Dr Wiesflecker
With Mag. Stefan Gamsjäger, Law Experts Attorneys have a proven expert in this field regarding the assessment of public building law issues, in particular building regulations, zoning and regional planning. Attorney-at-Law Mag. Gamsjäger has more than 10 years of experience as an administrative lawyer and deputy head of the building authority in a Tyrolean municipality and therefore, in addition to the completed administrative service examination for use group A, has the corresponding specialist knowledge in this important field.
Due to his many years of experience in renowned, internationally operating commercial law firms and his specialisation in the field of international contract law as well as civil law, Dr Hannes Wiesflecker has the appropriate specialist knowledge and many years of experience to advise you - both in and out of court - in matters of building law and to successfully enforce or defend claims.