Buying property in an aviation safety zone: review height limits, aviation obstacles, exemption permits, land register entries and contract clauses.
BRANDAUER Rechtsanwälte
Salzburg law firm for real estate, property and corporate law
Every matter is handled by a coordinated team of lawyers, legal staff and specialists. In property purchase matters we look at the contract, land register, escrow and tax consequences together.
A property in an aviation safety zone may be zoned for building and still be subject to specific aviation-law limits. The decisive points are the permitted height, the safety-zone plan and any required aviation exemption permit.
Before buying, the property, the intended project and the land-register position should be reviewed together. A statement in an exposé does not replace the safety-zone regulation or the required permits.
This article explains which aviation obstacles are covered by the Austrian Aviation Act, which documents belong in the purchase file and how an unresolved permit issue can affect price, payment and the contract.
Answer two questions about the safety zone, the project and the contract wording.
Already know you want to get in touch? Go straight to the enquiry form.
The land register shows the designation. The safety-zone plan and regulation are also needed for the detailed review.
Request the safety-zone plan, the regulation, a current land-register extract and the project documents. Check whether existing structures, extensions, cranes or other installations may penetrate the surfaces defined in the regulation.
Until this information is available, the purchase contract should expressly address the open review. A listing description alone is not a reliable basis for assessing buildability.
If the safety-zone plan, project, any exemption permit and the purchase contract match, the position is substantially clearer. Identify the relevant plans as contract attachments and state who must satisfy any remaining conditions.
Payment, escrow and handover should also reflect the actual permit position.
If it is still unclear whether an exemption permit is required or whether the project penetrates the safety zone, the draft should be amended before signing. Depending on the facts, an express condition, assurance, withdrawal right or clear payment rule may be appropriate.
Name the project, its planned height and the documents to be supplied. A general statement that the property is buildable often does not address this specific risk.
Under section 86 of the Austrian Aviation Act, a safety zone is the area of an aerodrome and its surroundings in which an aviation obstacle under section 85(1) may only be erected, altered or extended with approval from the competent authority. Other permits remain necessary. A safety zone therefore does not replace zoning or a building permit.
A safety zone must be established for airports, military aerodromes and airfields with instrument flight operations. For other airfields it is established where there is a public interest and opposing public interests do not prevail. The relevant regulation is decisive, rather than the mere fact that the property is near an airfield.
The safety-zone regulation is made under section 87. The plan under section 88 identifies the aerodrome reference point, any instrument approach sectors and existing aviation obstacles. The general review of public-law risks in a land purchase should remain separate from this aviation-specific check.
Section 85(1) covers buildings above ground, trees, shrubs, tensioned ropes and wires, cranes, antennas and similar objects within a safety zone. Raised ground, roads, pits, channels and comparable depressions can also be covered. An object in the first group is relevant where it penetrates the surfaces identified in the safety-zone regulation.
The issue is therefore not limited to a planned house. A roof terrace, telecommunications mast, construction crane, cable installation or tall planting may matter. Where the purchase includes a later extension or new construction, the final intended height should be reviewed, not merely the existing building.
Outside safety zones, sections 85(2) and (3) contain further thresholds and special rules. Buildings, trees and similar objects may qualify from a height of 100 metres, or in the special terrain situation described by the Act. Cable and wire installations are subject to additional rules. Being outside a mapped safety zone does not automatically remove every aviation-law issue.
The documents must describe the actual property and the actual project.
| Point | Document | Contract consequence |
|---|---|---|
| Location Land register and safety-zone plan | Identify the property precisely | |
| Height Plans, sections and height data | Attach the relevant plan version | |
| Permit Decision or authority information | Allocate responsibility and deadlines | |
| Costs Conditions, markings and adaptations | Align price and payment maturity |
The suitable clause depends on the project, the procedural stage and the purchase contract.
Under section 90 of the Aviation Act, the authority informs the land-register court which properties lie within the safety zone. The court records that fact ex officio. This is an important warning, but it does not by itself show which surfaces, heights and objects are covered by the regulation.
The contract should connect the safety-zone plan with a comprehensible project description. That may include the intended building height, technical equipment, cranes during construction and a later extension. If the seller promises a particular development potential, the wording should make clear whether the aviation permit is included in that promise.
This review complements the site’s purchase-contract review. The land-register position and registered encumbrances should also match the contract. A purchase contract is robust only when documents, assurances and payment mechanics describe the same situation.
Practical rule: If the intended height affects the property’s value or use, clarify the permit position before signing or regulate it as a specific contractual condition. An initial consultation for EUR 72 can help structure the next review steps.
An aviation obstacle inside a safety zone requires an exemption permit under section 86. Section 91 applies the permit requirement to qualifying obstacles outside safety zones. Under section 92, an application must state the location, nature, characteristics and purpose of the obstacle. The permit is granted where aviation safety is not impaired and may contain conditions, a time limit or requirements for marking.
This can change the economic value of the property. A project may have to be lower, smaller or technically more expensive than planned. Marking requirements, redesign work or a longer procedure can also affect the timing and financing of the purchase.
The contract should state which permit must be obtained by when, who conducts the procedure, which documents must be supplied and what happens after a negative decision. Escrow payment can be linked to a clearly described document. The site’s escrow and purchase-price topic helps place that question within the wider transaction.
Checking zoning only: Building land does not answer whether the intended height is permitted in a safety zone. The plan and the project must also be reviewed.
Looking only at the current building: For a new building, extension or technical installation, the intended final version matters. Cranes and temporary cables may also be relevant.
Relying on the land-register note alone: The entry under section 90 identifies the safety zone, but does not by itself explain the detailed height limits.
Accepting an oral assurance: Statements such as “building is definitely possible” should be replaced by documents and a precise contract clause.
Leaving payment untouched: If the permit is pending, the contract should align the procedure, payment maturity and available remedy.
Start with a current land-register extract and check whether the safety-zone designation is recorded. Then obtain the safety-zone regulation and plan from the competent authority. Under section 89, the regulation can be inspected in the affected municipalities, while the plan is made available for inspection.
Compare these documents with the site plan, sections, height levels, technical equipment and the construction phase. Existing buildings should be checked for alterations, roof structures, antennas and high planting. Outside safety zones, certain cable and wire installations may require a notice under section 91a at least two months before the planned construction.
Record the plan versions, permit, responsible person, deadlines and consequences in the purchase contract. If the review shows that a different project is needed, the price should reflect that fact. The purchase-contract risk check provides an initial structured assessment.
Review the contract, assurances and payment mechanics together.
Classify entries and restrictions before buying.
Coordinate payment conditions with the transaction.
First structured assessment before signing.
Review a separate public-law risk cluster.
When buying property, the contract and the land register decide. Call us directly or send an email, callback within one business day.
Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 662 6280000