Building Permit & Building Notice

Building permit

Do I need a permit before building?

Before you build, you need to clarify whether you need a building permit. There are three levels here:

• building projects that do not require a permit: In this case, you do not need a permit, thus no building notification and no building application.
• notifiable building projects: The construction notification is a simplified construction procedure with which you must report construction measures to the authorities.
• building projects requiring a permit: For larger construction projects, you need a building application in order to obtain a building permit.

If you build without a corresponding permit, this is an administrative offense. If a black building is determined, because construction measures were not approved or not executed according to the permit, criminal proceedings will be initiated. If necessary, the Service Unit Structural engineering, fire protection and building physics .. immediately stops the construction activities.

Which projects are exempt from approval?

Under certain conditions, the following measures are neither subject to notification nor to approval according to § 28 para. 3 TBO:

• Measures inside buildings if they do not significantly affect general structural engineering requirements.
• the replacement of windows and balcony doors, if the exterior design of the building is not significantly affected by these measures.
• Maintenance and repair measures on buildings, if general structural requirements are not significantly affected
• the erection and alteration of enclosures up to a total height of 1.50 meters and of retaining walls up to a height of 1 meter, except in relation to traffic areas
• the erection, installation and alteration of free-standing advertising facilities outside built-up areas
• the erection and modification of structural installations for free-standing charging stations for electric vehicles
• the installation or alteration of solar collectors and photovoltaic systems up to an area of 100 m² on building structures, provided they are integrated into the wall surface or the distance between the solar collector or photovoltaic system and the wall skin, measured at right angles from the latter, does not exceed 30 cm at any point
• the installation or modification of solar collectors and photovoltaic systems up to an area of 100 m², provided they are integrated into the roof surface or the distance of the solar collector or photovoltaic system from the roof skin, measured at right angles from the latter, does not exceed 30 cm at any point. In the case of installation on flat roofs , the inclination of the solar collector or photovoltaic system may not exceed 15°; in the case of flat roofs without parapets, the distance from the edge of the roof must be at least equal to the height of the photovoltaic system
• the installation or modification of free-standing solar collectors and photovoltaic systems up to an area of 100 m², provided that the distance between the solar collector or photovoltaic system and the ground below does not exceed 30 cm at any point, whereby, in deviation from this, an inclination of no more than 15° is permissible in any case on level ground
• the erection and modification of tool sheds, wood sheds and the like up to a floor area of 15 m² and a height of 2.80 meters, provided that they are accessible from the outside of the relevant building site or a traffic area on at least drei sides.
  Note: These structural facilities are subject to levy in the sense of the Tyrolean Traffic Development and Compensation Levy Act (TVAG) (development and sidewalk contribution). For information, please contact Service Unit Municipal taxes - assessment - Property tax .
• Hail protection nets, pasture tents up to 40 m², non-accessible foil tunnels and bee stands

Which construction projects require a building notification?

The construction notification is a simplified construction procedure with which you must report construction measures to the authorities.

According to § 28 Abs. 2 TBO you need a building notification for:

• Changes to buildings and other structures Structural facilities, unless a permit is required (§ 28, para. 2)
• Subordinate building components and balcony glazing (§ 28, Para. 2, a)
• Retaining walls and enclosures up to a total height of two meters (§ 28, para. 2, b)
• Terraces, pergolas and mobile open swimming pools with more than 10,000 liters (§ 28, para. 2, c)
• local stables, forestry equipment huts, bee houses each in wooden construction, pasture tents >40m² pasture shelters and crop protection facilities ≤250m² (§ 28, para. 2, d)
• Sports fields, riding arenas, children's playgrounds (§ 28, para. 2, e)
• Major renovation of buildings, unless subject to approval (§ 28, par. 2, f)
• Flying roofs and canopies for terraces ≤15m², containers ≤30m³, parking lots ≤ 200m² (§28, par. 2, g)
• Solar collectors and photovoltaic systems with an area exceeding 100m² integrated into the roof or wall surface or with a distance ≤30cm or inclination ≤15° (flat roof) (§28, par. 2, h and i)
• Free-standing solar collectors and photovoltaic systems with an area exceeding 100m² (§ 28, para. 2, j)
• Fillings and excavations of more than 1.5 m (§ 58)
• Erection and substantial modification of antenna masts (§ 60)
• Advertising facilities on buildings (§28, para. 2, a)

Photovoltaic systems

The construction of a photovoltaic plant with a size of more than 100m² requires a building notification. To assist you with the official notification procedure, you will find a leaflet here with information on the necessary documents and contents.

A photovoltaic system under 100m² does not require a building permit under certain conditions. However, after the construction of a PV plant, a notification of the completion of construction must be submitted to the building authority. The corresponding form can be found here.

How do I submit the construction notification?

You must submit the construction notification to Service Unit Structural engineering, fire protection and building physics .. at least with the following documents:

• Construction notification with construction description
• Site plan (2-fold)
• Submission plans (2-fold)
• a short technical description
• Planning documents in accordance with the Building Documents Ordinance

You must submit the construction notification to City Adminstrative Group MA III - Planning, Building Law and Technical Infrastructure Management - Civil Engineering Intake Point .. . Use one of these forms for this purpose:

Can I build immediately after submitting the construction notification?

No. If your building notification is submitted in full , the authority, in this case the Service Unit Structural engineering, fire protection and building physics .., decides on the permissibility within two months. There are the following possibilities:

• The construction notification is noted â You will receive a writtendrÃconsent from the Lade Text ... for the execution of your construction project Service Unit Structural engineering, fire protection and building physics
• If it turns out that your project requires a building permit, you will be notified in writing.
• If the execution of your project is to be prohibited for reasons of building and/or regional planning law, you will also be informed of this in a written decision.
• You have the possibility to withdraw your application at any time during the ongoing procedure.

Who do I contact for questions about the construction notification

For questions about the construction notification contact the Service Unit Structural engineering, fire protection and building physics

When do I have to submit a building application for a building permit?

In principle, you must submit a building application for the following building projects (in particular on the basis of § 28 para. 1 TBO):

• New construction, additions and alterations to buildings
• Other alterations to buildings and the erection and alteration of other structural facilities (e.g. carports, terrace roofs, massive swimming pools, etc.), if general structural engineering requirements (mechanical strength, stability, fire protection, etc.) are significantly affected as a result.
• Change of the purpose of use
• Use of premises to accommodate guests in return for payment (short-term rentals via online platforms, such as AirBnB, Booking.com, etc.)
• Temporary structural facilities (e.g., school containers)
• Freestanding advertising facilities

How do I submit a building application?

1. You must prepare a submission plan for your building project or your planned structural measures. In doing so, you must comply with the applicable laws, ordinances, directives and guidelines for the construction sector.
2. All required documents must be signed by the building owner and by an authorized planner (architect, civil engineer, surveyor, master builder, etc.).
3. After the documents have been prepared, contact the City Adminstrative Group MA III - Planning, Building Law and Technical Infrastructure Management - Coordination office for building applications and guest gardens . There the documents will be checked.
   1. If the documents are not complete, you will be notified and you can prepare additions.
   2. If the documents are complete and signed, submit them to the City Adminstrative Group MA III - Planning, Building Law and Technical Infrastructure Management - Coordination office for building applications and guest gardens .. drawer.

What documents are required for the building application?

At the building authority, in this case the Service Unit Building, water and plant law .. , you must apply in writing for your building permit with at least the following documents:

• Building application form (Excel),Building application (pdf)
• technical description of the building (Excel form), description of the building (pdf form ) (in triplicate)
• Site plan (in triplicate)
• Submission plans (in triplicate)
• Proof of ownership (by means of a current excerpt from the land register) or the express consent of the landowner
• Proof of a legally secured connection with a public traffic area
• Proof of water supply and sewage disposal as well as precipitation water disposal
• possibly energy certificate (depending on the building project)
• for new buildings and major renovations: Presentation of the technical, ecological and economic feasibility of using highly efficient alternative systems
• In individual cases, further documents may be requested, e.g. in the case of complex excavation securing, new types of construction, deviations in fire protection or similar.

All required documents must be signed by the client and an authorized planner (architect, civil engineer, surveyor, builder, etc.).

How does the building procedure work?

As the authority, the Building Law Unit is responsible for handling the construction procedure. The department coordinates the building procedure with internal and external agencies.

1. After you have submitted your building application to the Magistrate, it is registered.
2. The building application is assigned to a clerk of the Building Law Department as the head of the procedure.
3. An initial preliminary examination is carried out.
4. Thereafter, expert opinions and/or statements are obtained from, among others, the following official experts:
   1. City Department Building and fire police and Service Unit Structural engineering, fire protection and building physics ..
   2. City Department Urban planning, mobility and integration load text Service Unit Projects, design and site protection ..
   3. Depending on the construction measure, you may also do so:
      1. City Department Civil Engineering
      2. Service Unit Crop and plant engineering
   4. In individual cases, further expert opinions, e.g. from the City Department Professional fire department .., the Provincial Geology, the Torrent and Avalanche Control or the Federal Office for the Protection of Monuments.
5. If information and documents are missing for the evaluation of your building measures or if your building application does not meet all legal requirements, the Loading Service Unit Building, water and plant law .. will inform you. will inform you about it. You can improve or change the building application.
6. In the event that the requested documents are not submitted or deficiencies are not improved, you will be issued a negative notice. The construction may not be carried out in the form submitted.
7. If the inspection does not reveal any deficiencies and all experts assess the building application positively, the expert assessment is completed.
8. The authority may hold a construction hearing if it is necessary due to the type and size of the construction project, the number of experts or the parties (e.g. new construction).
9. The building decision (= building permit) is delivered in writing to you, the neighbors involved and other parties to the proceedings.
10. From the date of delivery of the decision, these parties have a four-week appeal period. The appeal must be filed with the Service Unit Building, water and plant law ..enter.

You have the possibility to withdraw your application at any time during the ongoing procedure.

How long is my building permit valid?

You must start your construction within two years after the permit is issued. Do not forget the notice of commencement.

What do I have to consider in case of plan changes during construction?

When making changes to the plan, you should first contact the Service Unit Structural engineering, fire protection and building physics .. and Service Unit Construction consulting and expert opinions .. to clarify whether the changes are possible and what consequences the changes will have (change in the number of parking spaces, energy certificate, etc.)

For a change of plan you have to submit a new building application.