Austria: Methodological Decree on building proceedings re solar facilities

Ministry of Transport, Construction and Regional Development announced on 17.10.2011 on its webpage the Methodological Decree from 11.10.2011 on building proceedings with respect to the solar facilities (FVE) and on solar devices (FVZ) located on a building roof on the exterior wall of buildings.

The Building Act recognizes within the building proceedings with respect to the solar facilities the solar power plants (power plant as a relatively independent facility - FVE) and the solar devices (which contributes to improve the energy balance of the building - FVZ).

Therefore, as regards the FVE the building permit of Building Authority on change in the use of the building (the provisions of § 76-84 Building Act shall apply) and consequently the use permit is required.

As regards the FVZ, the Building Authority shall proceed according to the § 54 of the Building Act, hence the building permit will be necessary only if that construction work substantially changes the appearance of the building, intervenes the supporting structure, the way of use of the building will be changed or the public interests will be threatened. Otherwise, the notification to the Building Authority is sufficient.