Flag lighting in Austria: may the flag stay up at night?
Published Written by Flagpole Guides
This page is an English translation of the German original. Where the two versions differ, the German text is the original.
In Austria there is no law prescribing when a flag is taken down. Leaving a flag up day and night breaks no rule. Official practice does, however, know a principle that many also follow privately: a flag that stays on the pole overnight is lit.
The principle: take down or light
The Austrian Armed Forces’ flag order sets it out for service flags:
- Flags on poles are generally lowered at dusk.
- If they stay up overnight, adequate lighting is provided.
- At the main gates of barracks, a permanent flag visible to the public is provided and lit in the dark.
- House flags and hanging flags on façades stay up all night; no lighting is provided for them.
These rules are not binding on private individuals, clubs and businesses. They do show how the authorities handle it.
Lights for the flag
Two solutions are usual:
- Ground spotlights at the foot of the pole pointing up at the flag. They can be set into the foundation or next to the pole.
- Pole-mounted lights fixed to the pole that light the flag from below or from the side.
A flag moves in the wind and changes position. A spotlight that reaches the whole area the flag can fly into lights it more evenly. With narrowly focused, glare-free lights, less stray light falls on the surroundings. The power supply to the base is an electrical installation; who carries it out depends on the electrical regulations.
Light and neighbours
A bright light shining into a neighbour’s windows can lead to disputes. Under section 364(2) ABGB, a landowner can prohibit effects from a neighbour’s land insofar as they exceed what is normal under local conditions and substantially impair the normal use of the land. The act names waste water, smoke, gases, heat, smell, noise and vibration “and similar” effects. Whether light falls under it in an individual case, and where the limit lies, is for the courts to decide. The municipality can also set requirements through development plans or townscape rules.
Illuminated company flags
An illuminated company flag can count as advertising. Outside built-up areas, advertising along roads within 100 metres of the edge of the carriageway is prohibited under section 84(2) of the Road Traffic Regulations (StVO) unless the authority grants an exception. More in the guide to flagpoles for businesses.
Flags and darkness in ceremonies
The Ministry of the Interior’s article describes that at ceremonies the flag is hoisted before the anthem is played and lowered after the anthem. At evening ceremonies, lowering can thus be built into the programme; the alternative is a floodlit flag. How lights are fixed to the pole is described in the guide to flagpole accessories.
Frequently asked questions
Does a flag have to be lit at night in Austria?
There is no rule for private individuals. The Austrian Armed Forces’ flag order provides that service flags are generally lowered at dusk and are adequately lit if they stay up overnight. At the main gates of barracks, the permanent flag is lit in the dark.
Does that also apply to hanging flags on façades?
No. Under the Armed Forces’ flag order, house flags and hanging flags stay up all night, and no lighting is provided for them.
Can a neighbour object to flag lighting in Austria?
Under section 364(2) of the Civil Code (ABGB), a landowner can prohibit effects from a neighbouring property insofar as they exceed what is normal locally and substantially impair the normal use of the land. The list in the act ends with “and similar”; whether light falls under it in an individual case is for the courts to decide.
Which lights are usual for flags?
Usual are ground spotlights at the foot of the pole pointing up at the flag and lights fixed to the pole. With narrowly focused light, less stray light falls on neighbouring land and into the sky.
Sources
This guide is based on the following sources, most of them in German:
- Fahnenordnung des Österreichischen Bundesheeres, VBl. I Nr. 63/2018, Abschnitt II C Z 2 und 6 – Bundesministerium für Landesverteidigung
- Allgemeines bürgerliches Gesetzbuch, § 364 – Bundeskanzleramt, Rechtsinformationssystem des Bundes (RIS)
- Die Symbole der Republik, Öffentliche Sicherheit 11-12/2006 – Bundesministerium für Inneres
- Straßenverkehrsordnung 1960, § 84 Werbungen und Ankündigungen außerhalb des Straßengrundes – Bundeskanzleramt, Rechtsinformationssystem des Bundes (RIS)
Related guides
- Flag rulesWho may fly which flag in Austria, what the Coat of Arms Act prohibits, when the flag is taken down and which customs are usual when hoisting it.
- Flagpole accessoriesTruck, pulley, halyard, snap hooks, cleat, arm, ground sleeve, finial and lighting: the accessories of a flagpole in Austria and what each part is for.
- Flagpoles for businessesCompany flags in Austria: when a pole counts as advertising, the roadside advertising ban in section 84 StVO, the federal coat of arms and liability.
- Flagpole installationDoes a flagpole need a building permit in Austria? The rules of all nine building codes, plus foundation, underground lines, neighbours and condominiums.