Planning permission & notification of works

Planning permission

Do I need planning permission before building?

Before you start building, you must check whether you need planning permission:

• Building projects not requiring a planning permission: In this case, you do not need a planning permission, so you do not need to submit a building notification or a planning application.
• Construction projects subject to notification: The construction notification is a simplified procedure whereby you must inform the authorities of any building works.
• Building projects requiring a planning permission: For larger building projects, you need to submit a planning application to obtain planning permission.
• Projects requiring planning permission in protected areas under the Tyrolean Town and Village Conservation Act (SOG)

If you build without a corresponding permit, this is an administrative offence. If illegal construction is detected because building work has not been authorised or has not been carried out in accordance with the permit, criminal proceedings will be initiated. If necessary, Service Unit Building inspection and building physics will immediately stop construction activities.

Which projects are exempt from the requirement for authorisation?

Under certain conditions, the following measures are not subject to either notification or authorisation pursuant to Section 28(3) and Section 52b(3) of the TBO:

• Work carried out inside buildings, provided that this does not significantly affect general structural requirements
• the replacement of windows and balcony doors, provided that these works do not significantly affect the external appearance of the building
• Maintenance and repair works on buildings, provided that these do not significantly affect general structural requirements
• the erection and alteration of boundary fences up to a total height of 1.50 metres and of retaining walls up to a height of 1 metre, except where they face traffic areas
• the erection, installation and alteration of freestanding advertising structures outside built-up areas
• the construction and alteration of structures for freestanding charging points for electric vehicles
• the installation or alteration of solar energy systems with a surface area of up to 100 m², provided that they are integrated into the roof surface or that the distance between the solar energy system and the roof cladding, measured at right angles to the roof, does not exceed 30 cm at any point. In the case of installation on flat roofs, by way of derogation, the inclination of the solar energy system may not exceed 15°; in the case of flat roofs without a parapet, the distance to the roof edge must be at least equal to the height of the solar energy system
• the erection or alteration of freestanding solar energy installations with an area of up to 100 m², provided that the distance from the solar energy installation to the ground below does not exceed 30 cm at any point; by way of derogation, however, a pitch of no more than 15° is permitted on level ground in all cases
• the erection and alteration of tool sheds, woodsheds and similar structures with a floor area of up to 15 m² and a height of 2.80 metres, provided that they are accessible from the outside on at least three sides from the relevant building site or a traffic area.
  Note: These structures are subject to charges under the Tyrolean Act on Access Provision and Compensation Levies (TVAG) (development and pavement contributions). For further information, please contact the Service Unit Municipal levies - advance payment - Property tax
• Hail protection nets, pasture tents up to 40 m², non-accessible polytunnels and apiaries

Are you unsure whether your project is exempt from planning permission? If so, please contact the Service Unit Building inspection and building physics .

Which building projects require a building notification?

A building notification is a simplified building procedure whereby you must notify the authorities of any building works.

According to Section 28(2) and Section 52b(2) of the TBO, you require a building notification for:

• Alterations to buildings and other structures, provided they are not subject to planning permission (Section 28(2))
• Minor structural elements and balcony glazing (Section 28(2)(a))
• Retaining walls and boundary fences up to a total height of two metres (Section 28(2)(b))
• terraces, pergolas and portable open swimming pools with a capacity of more than 10,000 litres (Section 28(2)(c))
• traditional barns, forestry equipment sheds and apiary hives, all of which are timber-framed, as well as pasture tents >40 m², pasture shelters and crop protection structures ≤250 m² (Section 28(2)(d))
• Sports grounds, riding arenas and children’s playgrounds (Section 28(2)(e))
• Major renovation of buildings, provided such work does not require planning permission (Section 28(2)(f))
• Canopies and roofing for terraces ≤15m², containers ≤30m³, car parks ≤200m² (Section 28(2)(g))
• Solar energy installations with an area exceeding 100 m² integrated into the roof or wall surface, or with a distance of ≤30 cm or a pitch of ≤15° (flat roof) (Section 52b(2)(a) and (b))
• Freestanding solar energy systems with an area exceeding 100 m² (Section 52b, para. 2, c)
• Earthworks involving filling or excavation of more than 1.5 m (§ 58)
• Erection and substantial alteration of antenna masts (Section 60)
• Advertising structures on buildings (Section 28(2)(a))

Photovoltaic systems

Depending on the design and size of the module area, the installation of a photovoltaic system requires either a building permit, a building notification or no building authority authorisation.

• A building permit is required in exceptional cases for complex, complicated supporting structures if the installation affects essential structural engineering requirements.
• Photovoltaic systems larger than 100m² require a building notification.
• Photovoltaic systems smaller than 100m² do not require a building permit under certain conditions.

To assist you with the official procedures prior to the construction of a photovoltaic system, you will find an information sheet here with details on the necessary documents, technical requirements for the position and design of the PV modules, information on battery storage systems, the design and the necessary building completion notification.

After installation, a notification of completion of construction of a PV system must be submitted to the building authority. Completion of construction must confirm that a PV system subject to authorisation or notification has been completed according to plan. For PV systems that do not require a licence, details of the output and location must be provided when construction is completed.

Please note that PV systems that do not require a licence must also meet the requirements of the technical building regulations.

Further information on solar energy systems can be found in the solar guide.

How do I submit the building notification?

You need at least the following documents for the building notification:

• Building notification with building description
• Site plan (2 copies)
• Submission plans (2 copies)
• a brief technical description
• Planning documents in accordance with the Construction Documents Ordinance

You must submit the building notification to the Bauwesen-Einlaufstelle . They will forward the documents to the Service Unit Building inspection and building physics You can submit the documents

• digitally using the online form or
• in paper form to the Bauwesen-Einlaufstelle with the appropriate form:

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 Building inspection 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 Building inspection 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 should I contact if I have any questions about the building notification?

If you have any questions about the building notification, please contact the [ Service Unit Building inspection and building physics

When do I need to submit a planning application for planning permission?

In principle, you must submit a planning application for the following building projects (in particular pursuant to Section 28(1) of the TBO):

• New builds, extensions and conversions of buildings
• Other alterations to buildings and the construction or alteration of other structural works (e.g. carports, terrace canopies, in-ground swimming pools, etc.), where these significantly affect general structural requirements (mechanical strength, stability, fire safety, etc.)
• Change of intended use
• Use of premises to accommodate guests in return for payment (short-term lettings via online platforms, such as Airbnb, Booking.com, etc.)
• Temporary structures (e.g. portable classrooms)
• Freestanding advertising structures

How do I submit a planning application?

1. You must draw up a submission plan for your building project or your proposed building works. In doing so, you must comply with the applicable laws, regulations, directives and guidelines for the building sector.
2. The planning documents must be drawn up by an authorised person or body and must be signed by them.
3. Once the documents have been prepared, please contact [ Service Unit Building inspection and building physics . The documents will be checked there.
   • If the documents are incomplete, you will be notified and can provide the missing information.
   • If the documents are complete and signed, submit them to the Bauwesen-Einlaufstelle or use this online form:

What documents are required for the building application?

You must apply in writing to the building authority, in this case Service Unit Building, water and plant law , for your building permit.

You can either submit the building application digitally using the online form or submit it in paper form to the building authority. For the latter, please bring the following documents with you:

• Building application form (PDF)
• technical building description (PDF) (triplicate)
• Site plan (triplicate)
• Submission plans (three copies)
• Proof of ownership (in the form of a current extract from the land register) or the express consent of the landowner
• Proof of a legally secured connection to a public transport area
• Proof of water supply and wastewater disposal as well as rainwater disposal
• possibly an energy certificate (depending on the building project)
• for new buildings and major renovations: Presentation of the technical, ecological and economic feasibility of the use of highly efficient alternative systems
• In individual cases, further documents may be requested, e.g. in the case of complex excavation support, new types of construction, deviations in fire protection or similar.

The construction documents must be drawn up by an authorized person or body and must be signed by them.

How does the planning process work?

The Building Law Department is the authority responsible for handling the planning process. The department coordinates the planning process with internal and external bodies.

1. Once you have submitted your planning application to the City Council, it will be registered.
2. A case officer from the Building Law Department is assigned to the building application as the case manager.
3. An initial preliminary assessment is carried out .
4. Afterwards, expert reports and/or opinions are obtained from, amongst others, the following official experts:
   1. City Department Building and fire police and Service Unit Building inspection and building physics
   2. City Department Urban planning, mobility and integration : Service Unit Projects, design and townscape protection
   3. Depending on the nature of the building works, the following may also be involved:
      1. City Department Civil engineering
      2. Service Unit Crop and plant engineering
   4. In individual cases, further expert reports may be required, e.g. from the City Department Professional fire department , the State Geological Survey, the Torrent and Avalanche Control Authority or the Federal Monuments Office.
5. If any information or documents required for the assessment of your building works are missing, or if your planning application does not comply with all statutory requirements, Service Unit Building, water and plant law will inform you accordingly. You may then amend or revise your planning application.
6. Should the required documents not be submitted or any deficiencies not be rectified, you will be issued with a negative decision. The building works may not be carried out in the form submitted.
7. If the review reveals no deficiencies and all experts give a positive assessment of the planning application, the expert assessment is complete.
8. The authority may hold a building hearing if this is necessary due to the nature and scale of the building project, the number of experts or the parties involved (e.g. new build).
9. The building decision (= planning permission) will be served in writing on you, the neighbours concerned and any other parties to the proceedings.
10. From the date of delivery of the decision, these parties have a four-week period in which to lodge an appeal. You must lodge the appeal with Service Unit Building, water and plant law .

You may withdraw your application at any time whilst the proceedings are ongoing.

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 Building inspection and building physics .. and Service Unit Building consultancy 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.