!!!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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