Flagpole installation in Austria: building permits by federal state, foundation and site

Whether a flagpole needs a building permit is not a federal question in Austria. Building law is state law, and each of the nine federal states has its own building code. Enforcement lies with the municipality: under Article 118(3)(9) B-VG, local building control is part of its own sphere of competence. The result ranges from “the act does not apply to flagpoles” to a building permit.

The nine building codes at a glance

The table summarises the statutory texts. Whether a particular pole is covered in an individual case is assessed by the building authority.

Vienna: the case before the Supreme Administrative Court

Under section 60(1)(b) of the Vienna Building Code, structures need a permit if their construction requires a substantial degree of technical building knowledge, they are firmly connected to the ground and, because of their nature, they may affect public interests. A Viennese landowner had put up a flagpole about 5 metres high in an allotment area without a permit; the municipal department MA 37 ordered its removal.

The Supreme Administrative Court (Verwaltungsgerichtshof) upheld this on 20 October 2009 (2008/05/0020): putting up such a pole properly requires a substantial degree of technical building knowledge, because dangers from it falling over must be avoided and the pole must be set up so that it cannot topple. There is a public interest in such structures being built safely. That flagpoles on public roads are exempt under section 62a(1)(19) is an objectively justified exception, the court held.

Lower Austria and Vorarlberg: is the pole a structure?

In Lower Austria, under section 14(2) of the Building Code 2014, erecting structures (bauliche Anlagen) requires a permit. Under section 4, these are works that are not buildings, and a work (Bauwerk) is an object whose proper construction requires a substantial degree of technical building knowledge and that is firmly connected to the ground. The terms resemble those of the Vienna Building Code.

In Vorarlberg, under section 19(e) of the Building Act, erecting or substantially changing structures that are not buildings must be notified, provided the distance rules are met. Advertisements and advertising installations within built-up areas need a building permit under section 18(2).

Styria: notification instead of a permit

Section 21(1)(2)(f) of the Styrian Building Act lists “pergolas, Klapotetz wind rattles, maypoles, flag and carpet-beating poles” among the projects subject to notification. Under subsection 3, they are notified to the municipality in writing before construction. Under subsection 4, they may not breach building and planning rules such as building, boundary and street lines or distance rules.

What still applies

Even where a building code excludes flagpoles, other rules continue to apply:

• Old-town and townscape protection: protected areas have their own rules. Under section 7(3)(1) of the Graz Old Town Preservation Act 2008, advertising installations such as flags on protected buildings need a permit, and the Salzburg Old Town Preservation Ordinance names flags in section 14a among advertisements on buildings.
• Advertising installations: a pole with a company flag can count as an advertising installation. More in the guide to flagpoles for businesses.
• Public land: a pole on municipal or road land needs the consent of the landowner and possibly a road-law permit.
• Neighbour law: under section 364 ABGB, owners of neighbouring properties are to show consideration for each other when exercising their rights.

Condominiums and rented homes

In a condominium, changes need consent under section 16(2) of the Condominium Act 2002 if legitimate interests of other owners may be affected – the external appearance of the building is expressly named. If common parts of the property such as façade, roof or garden are used, the change must also be customary or serve an important interest of the owner. Under these conditions, a refused consent can be replaced by a court. In rented homes, it comes down to the consent of the landlord as owner.

Foundation and site

The manufacturer specifies the size and depth of the foundation, depending on pole height, flag size, ground and wind load. Wind loads in Austria follow ÖNORM EN 1991-1-4 and the national ÖNORM B 1991-1-4, which gives the basic wind speed by location. Choosing a site involves:

• distance to buildings, trees and boundaries, so that the flag flies freely and a falling pole causes no damage,
• overhead lines, from which distance is kept when erecting and hoisting,
• underground lines: before digging, the line operators can be asked where power, gas, water and data lines run. In Vienna, the city’s Central Utility Register gives free information on installations under public roads; according to the City of Vienna, however, it does not replace enquiries directly with the line operators.

How wind, liability and work at height are linked is described in the guide to flagpole safety.