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Construction, Legal Aspects of, Building law and rights (in German covered by the term Baurecht; Recht = 1.law and 2.right): 1) In public law, Baurecht means the building law. Building is generally regulated in the provincial building regulations and is executed within the jurisdiction of the municipalities. It does not concern certain functional structures, such as railways, roads, or military structures, whose construction is governed by federal law. The provincial building regulations contain rules on the quality of building plots and on the erection and structural properties of buildings and other structures (especially their height and distance to neighbouring houses, etc.). Following the building proposal, the party seeking to build a structure usually has to undergo a hearing with the mayor, the neighbours and surveyors. Building can begin if the mayor grants a building permit. After conclusion of the construction work there is a final acceptance inspection in which it is determined whether the building is in accordance with the building permit. If this is the case, a permit of use is granted. In statutory towns and in Vienna, the building permit is granted by the Magistrat (the office managing the affairs of the local authority). Appeals are directed to the municipal council, in Vienna to the supreme building authority.

2) In private law, Baurecht is the right (right in rem, alienable, inheritable, limited by duration from 10 to 100 years), to erect a structure on or underneath another person's plot of land. Under the amendment of the building law of 1990, every private real property owner can create such a right.


H. Koziol and R. Welser, Grundriss des Buergerlichen Rechts II, 91991.