Laws, regulations, ordinances & plans

In a building project, you must take into account numerous specifications, ordinances and planning principles. Here you will find an overview with the respective contact persons:

Urban Planning & Spatial Planning

If you have any questions concerning urban planning in Innsbruck, the City Department Urban planning, urban development and integration ..is responsible.

The responsibilities of urban planning include:

• Zoning
• Development plan
• the specifications from the local spatial planning concept(ÖROKO 2.0)
• Protection zones of historical areas
• Contents of specific urban planning studies
• urban planning boundary conditions for competitions
• Submissions to the Expert Advisory Board or the Innsbruck Design Advisory Board (IGB)

Planning procedures in progress (amendment of ÖROKO, zoning plan and development plan) can be found on the official notice board.

Building regulations & ordinances

If you want to build in Innsbruck, there are a number of specifications and ordinances to comply with, including:

• Tyrolean Regional Planning Act (TROG)
• Tyrolean Building Code (TBO)
• Tyrolean City and Townscape Protection Act: if you are building in protection zones
• Technical building regulations (TBV)
• OIB guidelines 1 - 6 edition
• Technical Guidelines Preventive Fire Protection (TRVB) (list of currently valid guidelines)
• Building Documents Ordinance
• Energy certificate submission law (EAVG)
• Tyrolean Gas, Heating and Air Conditioning Act (TGHKG)
• Ö-Norms (with costs)
• Car parking space guideline
• Bicycle parking space ordinance
• Calculation form bicycle parking space ordinance
• Guideline for property accesses on municipal roads (garages and parking spaces)
• Local zoning plan 2.0
• Zoning plan
• Zoning plan
• AGWR II law

Possible further specifications:

• Monument protection
• Hazard register (torrent and avalanche control, landslide areas, ...)
• GIPSKARST areas
• Flood protection, protection of springs and wells, ...
• Nature conservation (protected landscape areas, ...)
• other restrictions of use

Principles of building law

As a matter of principle, building structures may only be erected on plots of land which are suitable for the intended development in terms of their dedication, location, shape, size and soil conditions and which have a legally secured connection to a public traffic area in accordance with the intended use - see the Guide to Plot Accesses on Municipal Roads (Garages and Parking Lots).

Buildings and structures shall be located on lots to provide safe access and to ensure effective use of firefighting and rescue equipment.

The properties must also have a water and energy supply and disposal of wastewater and precipitation water appropriate to the intended use - see Water Law Permit.

Structural engineering and fire protection (building and fire police)

• Mechanical strength and stability (structural analysis):
  OIB Guideline 1: Structures must have sufficient load-bearing capacity, serviceability and durability to withstand the actions to which the structure is subjected and to transfer them to the ground.
• Fire Protection:
  OIB Guideline 2: This OIB Guideline sets requirements for the fire behavior and fire resistance of building products according to European standardized classes.
• Hygiene, health and environmental protection:
  OIB Guideline 3: The requirements for hygiene, health and environmental protection must be met.
• Safety of use and accessibility:
  OIB Guideline 4: The requirements for safety of use and accessibility must be met in the construction of certain building projects.
• Soundproofing:
  OIB Guideline 5: Buildings and parts of buildings that are used for the prolonged stay of people and whose use in accordance with their dedication results in a demand for quiet must comply with the guideline. This includes in particular residential buildings, dormitories, office buildings, places of accommodation, schools, kindergartens, hospitals, buildings for religious purposes, etc.
• Energy saving and thermal insulation:
  In addition to OIB Guideline 6 on requirements for the thermal-energy quality of buildings, the Tyrolean Building Code (TBO) and the Technical Building Regulations (TBV) must be observed. They generally regulate the energetic execution of the various structural measures. In the construction process, the requirements are to be proven by the Energy Performance Certificate (EAW) or the U-value of individual building components. An overview of when an EAW is required and which energy characteristic values must be fulfilled is provided by the table overview on overall energy efficiency and requirement of an energy certificate published by the state's general building affairs department.
• Use of highly efficient alternative heating systems:
  According to the Tyrolean Building Code (TBO), new construction must be assessed to determine whether a high-efficiency alternative heating system can be reasonably used. The check must be attached to the construction documents. Energie Tirol provides a separate form for the alternative check. If a system with non-renewable energy sources is chosen despite reasonable alternatives, this can lead to the rejection of the building application. Alternative heating systems include:
  1. Systems based on renewable sources (pellets, etc.)
  2. Combined heat and power systems (use and utilization of heat generated by production processes)
  3. District or local heating systems or district or local cooling systems based on renewable sources
  4. Heat pumps (heat source: groundwater, soil or air)
• Event venues:
  Construction, modification or conversion of an event venue are subject to special requirements with regard to the currently applicable OIB guidelines, such as fire protection, safety of use, barrier-free access or sound insulation. Therefore, events in buildings are only permitted if certain requirements are met.
• Building and Housing Register (AGWR):
  After the building permit has been issued, certain data is determined and recorded in GWR-Online in accordance with the AGWR II Act. The data must be provided by the building applicant. Here you will find the corresponding form for the new construction of a building.

Water law

Who is responsible for the enforcement of water law in the provincial capital Innsbruck?

The Service Unit Water and plant law .. is responsible in the first instance for the enforcement of water law in the provincial capital of Innsbruck, in addition to the Federal Minister of Agriculture, Forestry, Environment and Water Management and the Governor of Tyrol. In the authority procedure, the department therefore deals in particular with construction site drainage (infiltration of the accumulating precipitation water), groundwater use, construction water retention, installations in the bank or flood runoff area as well as flood protection measures. In addition, the unit also conducts remediation procedures after contamination has occurred.

What are the legal framework conditions?

The basic objectives of water management are set out in the EU Water Framework Directive. The Water Framework Directive is implemented at the national level in the Federal Water Act (WRG) and in the ordinances based on it. In addition to the quality target ordinances for groundwater and surface waters, these include above all the accompanying ordinance to the National Water Management Plan (NGP) and the ordinance on the rehabilitation of flowing waters. In addition to the legal requirements, guidance documents and fact sheets provide important recommendations.

What is the objective of the water law provisions?

All waters are to be kept clean so that the health of humans and animals is not endangered. Groundwater and spring water should be usable as drinking water. Day waters (surface waters) should be able to be used for public use and for commercial purposes. Fish waters must be preserved. All are required to construct, maintain and operate facilities or conduct themselves in a manner that prevents water pollution.

Business & Operating Facilities

If you regularly conduct business or commercial activities in a facility, such as a building, you may need to apply for a business facility permit for that facility. A business facility permit or business facility alteration permit may also be required if you are constructing, altering or adding to a new building.

Road traffic & road law

• Permission for construction on or next to the road
• Traffic routing for construction sites

Civil Engineering

• For the construction of property access roads, garages and parking lots with connection to the public road network, the approval of the road administrator is required: Guide to property access roads (garages & parking lots)

Excavation work

Excavation work within the city of Innsbruck must be reported to the Office for Road Operations. The Office then carries out inspections and, after completion, acceptance. In most cases, excavation work also involves municipal land. Therefore, you also need the consent of the city of Innsbruck that you may carry out work. This is the responsibility of Service Unit Real Estate Matters .. is responsible.

Real estate matters

In the case of construction water stops, excavation work, pipe laying work and additional property access roads in the area of influence of the public road network, you need the approval of the road keeper and the landowner. This is usually the city of Innsbruck. Please apply in good time, as the departments concerned have to be involved and conditions for the permission have to be obtained. You can find more information on civil law permits under"Contracts with the City of Innsbruck".

As-built plans and nature status map

Inventory plans

• Building plans: as-built plans are usually required when planning alterations to existing buildings. In the City Adminstrative Group MA III - Planning, Building Law and Technical Infrastructure Management - Coordination office for building applications and guest gardens ..most of the as-built plans of buildings are available on film or scanned. To obtain copies of plans (e.g. floor plans), you need the written consent of the owner.
• Line routing plans are available from the respective companies, e.g. Innsbrucker Kommunalbetriebe, Telekom Austria, TIGAS, etc.

Nature status map

The Naturstandskarte is an exact digital image of the buildings, addresses and place names of Innsbruck. It is produced by the Service Unit Geographical Information System (GIS) - Plan outputs (analog - digital) .. by terrestrial surveys.

The Naturstandskarte is the basis for various planning activities and is available in the scales 1:1,000, 1:10,000 and 1:25,000. You can buy the nature status map or view it publicly. Responsible is the Service Unit Geographical Information System (GIS) - Plan outputs (analog - digital)

Local authority charges

When do I have to pay a tax?

When a new building is constructed or a building is enlarged, the city of Innsbruck levies a contribution to the costs

• of the traffic development(development contribution) and
• the construction of sidewalks(sidewalk contribution).

If a building applicant was also exempted from the construction of a children's playground or parking spaces, the City of Innsbruck levies a compensatory fee for this.

In order to calculate the amount of this levy, the Service Unit Municipal taxes - assessment receives the necessary data from the Service Unit Structural engineering, fire protection and building physics The Lade Text Service Unit Municipal taxes - assessment .. verifies this data and prepares the official assessment.

What are the rates of the local taxes?

The rates for 2022 are:

• Development contribution rate: 15.40 euros
• Sidewalk contribution rate: 3.33 euros
• Compensatory levy for the allowance of an above-ground parking space: 4,400 euros
• Compensatory levy for the allowance of an underground parking space or parking deck: 13,200 Euro

Leisure residence tax

Information about the leisure residence tax can be found here: Leisure Residence Levy

Vacancy tax

Information on the vacancy tax can be found here: Vacancy Levy

Land Transfer

The Tyrolean Land Transfer Act (TGVG) regulates the acquisition of rights:

• to agricultural and forestry land,
• to undeveloped building plots and
• additionally to developed real estate and other real estate, if the acquirer of the rights is a foreigner.

Attention: The Tyrolean provincial government has, among other things, declared Innsbruck to be a reserved municipality according to § 14 para. 1 of the Tyrolean Land Transfer Act 1996 by decree of 20.07.2022, LGBl. no. 71/2022. This means that with the entry into force of the ordinance, legal transactions also on developed properties (including all those with residential property) are subject to declaration to the land transfer authority pursuant to § 14a TGVG 1996 or to notification pursuant to § 23 TGVG.

In the district of Innsbruck City, please submit notifications under the Tyrolean Land Transfer Act or applications under the Tyrolean Courtyard Act using the online form Grundverkehrseingabe. A simplified online form is available for the processing of contracts for properties with condominium ownership (§ 14a declarations).

Default settings can be saved as a template. This means that data fields such as name, address, telephone number of a firm do not have to be entered for each declaration. Please attach the required enclosures such as contract certificate, proof of citizenship, etc. (preferably as a PDF file) to the form in the attachment.

For subsequent submission of missing documents, please use the Submission of Land Transfer Entry form.

Information on how to fill out the form can be found in the filling out help. For further information, please refer to the numerous marked info buttons [i] in the form.

Zoning confirmations

More information on zoning confirmations can be found here.