In Austria, land development on a federal level (überörtliche Raumplanung) is regulated by the laws of the nine federal states. However, land development on a local level (e.g., the construction of new projects) is subject to municipal legislation and execution (örtliche Raumplanung).
The main source of environmental law in Austria is the legislation of the nine federal states. However, there are some subject matters reserved to federal legislation such as the Waste Management Act or the Water Management Act. An additional source of environmental legislation is legislation from the EU.
The laws of the nine federal states (in particular, those concerning business and industrial activity and federal legislation like the Waste Management Act and the Water Management Act) affect the use and occupation of real estate in Austria.
Building regulations are subject to the legislation of the nine federal states. As a consequence, building regulations can differ from each other in each of the nine federal states. In general, before construction work can begin, planning permission (Baubewilligung) from the local authority must be obtained. Usually, occupancy permission (Benützungsbewilligung) is also required to be obtained by the applicant when construction is finished.
An environmental cleanup may be required by law where authorities seek to reduce or mitigate potential dangers to human health (e.g., the Waste Management Act). In addition to certain federal laws, the Austrian civil law may impose liability on a party causing contamination.
The EU has adopted several directives regarding energy efficiency which were implemented in the Austrian building regulations (e.g., Directive 2010/31/EU). The building regulations are basically subject to the legislation of the nine federal states.
In addition, the Austrian Energy Certificate Act provides that in case of the purchase or lease of real property or rental property, the seller or landlord is obligated to provide the purchaser or the tenant with an Energy Performance Certificate (Energieausweis) not older than 10 years showing the energy efficiency of the building.
Furthermore, minimum standards of energy efficiency in buildings must be fulfilled. Therefore, existing and new buildings must be adapted to meet the new standards and all buildings built after 2020 must meet the requirements of zero-energy buildings.
Building regulations are subject to the legislation of the nine federal states. Some of them provide different kinds of regulatory measures that aim to improve the sustainability of newly constructed and existing buildings. For example, the Building Regulations of the City of Vienna (Wiener Bauordnung) deal with issues like heat insulation (Wärmeschutz) and energy saving (Energieeinsparung).