PARKING AREAS MUST BE PROVIDED FOR STRUCTURES WHERE TRAFFIC IS EXPECTED.
18.10.2017
The obligation to create parking spaces for vehicles and garages arises from Section 89 of the Styrian Building Act when constructing buildings where access and exit traffic is to be expected.
This obligation can also arise due to changes in the intended use if this results in an increased need for parking spaces (e.g. when changing from residential use to office use). The law requires, for example, at least one parking space per residential unit in residential buildings, per 5 employees in office and administrative buildings, per 5 beds in hospitals, etc.
The parking spaces must be created on the respective building site. An exception to this applies if the developer can prove that there are enough parking spaces within a 500m area and that their usability is guaranteed.
If a nuisance or danger to the neighbourhood is to be expected that exceeds the usual level, the construction of garages or underground car parks must be ordered instead of parking spaces.
Municipal regulations can stipulate different parking requirements. The developer also has the option of "buying out" the obligation to build parking spaces with the approval of the municipality if it is not possible to build them on his building site. The developer must then bear the costs of parking spaces created by the municipality at the usual local level. It is important that the municipality actually creates parking spaces as a result.
It should also be mentioned that the authority must prescribe planting measures as a design element for car parking areas in accordance with local conditions. The authority is granted a great deal of discretion here, the criteria used for this requirement are hardly verifiable and could also depend on the personal preferences of the person in charge.
In Section 92 of the Stmk Building Act, an obligation to create suitable parking facilities for bicycles with a sufficient number of parking spaces according to the intended use of the building was standardized in order to do justice to the increasing importance of bicycle traffic. Here, too, there are now regulations for determining the required minimum number of parking spaces. Similar to parking spaces for vehicles, the municipality can also set different regulations here.
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Lit: Eisenberger/Hödl, Introduction to Styrian building and spatial planning law, p. 110 ff