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A patio canopy is an ideal supplement for staying longer in the garden or on the patio, even when the weather isn't playing along. This guide should help as a first orientation when answering the question of whether a building permit is always required for the planned patio roof and how you can easily obtain a building permit if necessary. First of all, your construction project must always be submitted to the responsible authority.
There are different types of building projects in Austria. Basically, in Austria, a distinction is made between building projects that require a permit, those that require notification and those that are minor, or those that do not require notification and those that do not require a permit. Depending on the federal state and building project, there may be building negotiations. All persons involved are allowed to express their applicable rights. [1]
The following information was compiled from the respective building regulations of the federal states (as of February 2021) and serves as initial information.
In Austria, construction projects are regulated for each federal state. Depending on the federal state or municipality, a building permit may be required for your patio roof. Regardless of the building permit, building regulations such as minimum distances from neighbors etc. must be observed. You will find links to the building codes and laws at the end of this guide.
It is essential that you obtain information from your responsible municipality before starting construction.
The following documents are required for each license application (completeness and legal certainty cannot be guaranteed):
Depending on the construction project, additional documents must be submitted. Ask your local municipality or city which documents are required for your planned patio roof.
Different regulations apply depending on the state. Here you will find a rough overview of the respective regulations in your federal state. Whether a building permit is required for your patio roof should always be clarified in advance with the responsible building authority:
Detached outbuildings on building plots and in house gardens up to a size of 20 m² (including garden huts, pool houses, pergola, car port) have been classified as minor construction projects in Burgenland since 2018 and are no longer subject to approval as part of a simplified procedure. A detailed guide to the Burgenland Building Act can be found here:
In Carinthia, you do not need an extra building permit for patio roofs with a floor area of up to 40 m² and a maximum height of 3,50 m. However, the construction project is subject to notification. The fundamentally permit-free construction project for a patio roof must nevertheless comply with the zoning plan, the development plan, the Carinthian building regulations, etc. The builder is responsible for compliance.
Depending on the application, different regulations apply to the building permit in Lower Austria. In principle, a patio roof must be approved. You can find guidelines from the state of Lower Austria here:
In Upper Austria, terrace roofs up to an area of 35m² are construction projects that require notification. This means that a building notification must be submitted before construction can begin. More detailed information on building permits in Upper Austria can be found here:
In Salzburg you need a permit for every building project or extension. Clarify your planned patio roof in advance with the responsible authority. In Salzburg there is a service center for initial information. Before building your patio roof, be sure to seek advice to find out which documents are required for the patio roof building permit:
Service Center Bauen – State of Salzburg
Online application for a building permit in the city of Salzburg
Terrace roofs up to an area of 40 m² do not require a permit. Nevertheless, there is an obligation to notify the construction project. If the area is more than 40 m², a building permit is required.
Find out in advance from your responsible building authority:
In Tyrol, a building application must be submitted for a patio roof. You can find out which documents are required for this from the Department of Building and Regional Planning Law of the State of Tyrol:
In Vorarlberg, a distinction is made between building projects that require a permit, those that require notification and those that are free. Ask the competent authority which building project applies to your situation.
In Vienna, the MA37 Building Inspectorate is responsible for terrace roofing. According to Section 62a, shed roofs with a built-up area of no more than 25 m² and a maximum height of 2,50 m measured perpendicularly to the built-up area are possible on areas that can be built on directly, with the exception of protection zones and areas with building bans without a building permit. If it is an extension, a building permit must be obtained. Talk to the responsible office about your building project in advance.
Find out in advance about the applicable laws and regulations in your municipality. You already have one louvered roof planned?
The support team from my-pergola24.com is at your disposal for general questions about plans and building projects.
In addition, you will find below an overview of the currently valid version of the building laws and ordinances for each federal state:
List of currently valid building laws and regulations
Building and living in Austria
