WHAT HAPPENS IF THE PROVISIONS OF THE BUILDING LAW ARE VIOLATED
23.06.2015
The Styrian Building Act, in its sections 19 to 21, recognises three different categories of building projects: projects that require a permit (e.g. new residential buildings), projects that require notification (e.g. cantilever roofs with a roof area of more than 40m²) and projects that do not require a permit (e.g. sculptures, small cantilever roofs, etc.). This law also contains a whole series of provisions that a builder must adhere to when planning and carrying out his construction. Examples of this include distance requirements, suitability of the building site, etc. But what happens if the provisions of this law are violated? If, for example, a building that requires a permit is erected without first obtaining the necessary building permit? In this case, section 41 leg cit provides that the authorities can order the cessation (“construction stop”) of construction. This can be done either verbally or in writing and results in the immediate termination of unauthorized construction work. If necessary, the authorities can also seal the construction site! This can also affect projects that do not require a permit! If buildings have already been erected in violation of regulations, the authorities can issue a removal order, after which the illegal building must be demolished. However, according to the consistent case law of the Administrative Court, this depends on whether the project is subject to a permit and whether it was one at the time of its construction.