!!!Baurecht

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.

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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.

!Literature
H. Koziol and R. Welser, Grundriss des Buergerlichen 
Rechts II, %%sup 9/%1991.


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