The discussed amendment of the Vienna Building Code („BO für Wien“) was announced on 13 December 2023. The main changes were in the areas of climate protection, restrictions of pro short-term rental, old building protection, mobility and the reduction of mandatory parking spaces. The amendment includes a number of innovative changes that will result in additional costs and an increased administrative burden for the real-estate and construction industry.

Full focus on climate protection 

The 2023 amendment will make it easier to install facade and roof greening on existing buildings. Furthermore, the construction of photovoltaic systems, provided they do not have a bottleneck capacity of more than 15 kWp (Section 60 (1) (j) BO für Wien) and the installation of geothermal probes (outside of grassland protection areas „Grünland-Schutzgebieten“ and building restrictions „Bausperren“) are not subject to authorisation. With the amendment to Section 118 (3b) BO für Wien, the obligation to use solar energy sources was increased; the capacity to be produced for new residential buildings has been doubled to 1 kWp/150m². Furthermore, there is an obligation to install photovoltaic modules in new residential buildings and extensions. A novelty in the 2023 amendment is the obligation to unseal inner courtyards in the case of construction projects and major renovations that require authorisation. However, there will still be a need for interpretation as to how desealing is to be guaranteed in concrete terms, for example in the case of a rented inner courtyard.

Change of Section 69 BO für Wien bring opportunities for the construction industry

The newly created Section 69 (2) Z 5 BO für Wien stipulates that future deviations from the development plan („Bebauungsplan“) are also possible on the condition that they serve climate protection or climate change adaptation in a sustainable manner. Therefore, it is possible to deviate from the respective development plan with innovative projects that benefit climate protection.

Restriction on commercial use of residential space/short-term rental

The 2023 amendment has redefined the definition and the use of an apartment. Accordingly, in addition to the use of an apartment for residential purposes, only uses that are usually exercised in apartments are permitted, as well as the restriction of short-term rental to a maximum of 90 days per year, if the local tax („Ortstaxe“) is paid and the residence is not permanently given up. Commercial use, such as short-term rental, does not constitute such an activity.

Short-term rental beyond 90 days is only permitted with an exceptional authorisation, which can be granted for a maximum of five years. In order to prevent misappropriation, offering a flat for example on internet platforms such as „Willhaben“ for more than 90 days without an exceptional licence will be considered an administrative offence. The fine is up to 50,000 Euros.

Protection of pre-war buildings „Altbauschutz“

As a result of the amendments to Section 60 (1) (d) BO für Wien, in the assessment of the economic demolition maturity of buildings constructed before 1945 („Altbau“), the culpable neglect of maintenance obligations must be disregarded. This also extends to legal successors if they had, or with due attention should have had, knowledge of such neglect. In deciding between “renovation or demolition”, public subsidies must now also be considered. Furthermore, the economic potential yield of a building is now explicitly established in law as a criterion for its economic demolition maturity. In addition, a building register (“Gebäudepickerl”) is now mandatory for older buildings.

Special status: Vienna's UNESCO World Heritage Sites

The issue of UNESCO World Heritage Sites also plays a significent role in the amended Building Code for Vienna. The special status of Vienna's UNESCO World Heritage Sites has been explicitly taken into account in several provisions, including the newly created Section 69 (1) (5) of the BO für Wien, which stipulates the impairment of UNESCO World Heritage Sites as an exclusion criterion for deviations from the provisions of the development plan. 

The bicycle in the fast lane

There are also innovations in terms of mobility: For example, the requirements for bicycle parking spaces have been significantly improved. In new buildings, one bicycle parking space must be provided for every 30 m² of usable living space and for every tenth bicycle parking space, a parking space for cargo bikes or bicycle trailers as well as an appropriate number of charging points for electric bicycles must be provided.

Reduction of compulsory parking spaces

Based on the "Zurich model", the amendment to the building regulations for Vienna introduces a zoning model that leads to a reduction in compulsory parking spaces for construction projects. The zones are based on the connection to the public transport network and proximity to the city centre. Accordingly, only 70 per cent of the parking spaces are to be built in zone one. and only 80 percent within the second zone. In the third zone, 100 percent of the mandatory parking spaces are required. In addition to the zone model further mandatory parking spaces can be reduced by installing additional charging points for electric vehicles and car-sharing services („Kompensationsmaßnahmen“).

Conclusion

The expansion of photovoltaic systems, the promotion of unsealing and the trend towards cycling are in tune with the times. In addition, the amendment of Section 69 BO für Wien opens up new possibilities for building projects to deviate from the provisions of the development plan. The unsealing of inner courtyards, the increased protection of old buildings and the new regulations for Vienna's UNESCO World Heritage Site will result in a lot of administrative work and costs for the real-estate and construction industry. But one thing can be said for sure: The 2023 amendment will leave a lasting (visible) impression in Vienna.