How is building law organised? (Author: Andreas Hawlik) When it comes to the term "building law", a distinction must be made between civil and public law. In Austria, "building law" generally refers to the private right to erect a building on someone else's property - or under its surface. For us architects and our clients, however, "planning law" as part of public law is more relevant. These are the legal bases that regulate the development or buildability of a property. Essentially, it is about restrictions on utilisation and buildability in order to enable harmonious coexistence in our society. A disorganised "freedom to build" would result in building and settlement structures that end in chaos. By way of comparison: even in informal settlements in emerging countries, unwritten conventions on building heights and street widths usually emerge. Ultimately, all residents of a settlement benefit from this kind of order, so in the two scales of justice lie freedom to build on the one hand and neighbour protection on the other. In Austria, these "rules of the game" are primarily regulated by provincial laws. At a glance, the following three hierarchical levels can be distinguished: - Spatial planning - building regulations - Building technology Supplementary development plans and development regulations are issued at municipal level and reviewed by the province as the supervisory authority. Federal laws such as monument protection, forestry laws and workplace regulations take precedence over provincial laws and ordinances at municipal level. Federal laws, such as the Environmental Impact Assessment Act, also implement EU directives. The general planning objectives of spatial planning are low resource consumption, settlements in suitable locations and the avoidance of detrimental effects on the townscape and landscape, while building regulations must also regulate the permissibility of three-dimensional buildings in addition to many procedural issues. While the Vienna Building Code, for example, attempts to put everything into words, the Lower Austrian Building Code also uses sketches to explain the determination of building height, for example, in a symbolic way that is easier for citizens to understand. The main building regulations have been standardised in the OIB guidelines for several years now, but these have to be "ratified" at state level. However, building law has numerous uncertainties and tolerances and the different interpretations often lead to disputes - mostly with neighbours. The courts often make restrictive judgements - after all, from the judges' point of view, the building regulations primarily serve to protect neighbours. The resulting case law often leads to a lack of understanding among planners, as it turns everyday practice on its head. The result is usually even more extensive, more precise but often also more unwieldy legal texts. Our recommendation is therefore: plan with common sense, seek consensus with your neighbours and reach a result that is acceptable to everyone more quickly!