As a lawyer with over 10 years of specialization, I strive to provide clients with comprehensive support in the legally compliant design of their leisure residences in Tyrol.
In doing so, it is crucial to carefully examine the specific legal provisions and regulations, in particular the Tyrolean Spatial Planning Act (TROG 2022) and the Tyrolean Building Code (TBO2022), to ensure that the leisure residence meets all legal requirements.
Tyrol, with its impressive mountain scenery, is attracting an ever-growing number of nature lovers and those seeking relaxation. Purchasing a vacation home in this region offers numerous advantages, such as the opportunity to enjoy top-quality leisure activities all year round and to make a long-term investment in a sought-after vacation region.
Nevertheless, the legal aspects of using a property as a leisure residence in Tyrol are of great importance. The legal provisions, in particular the provisions of the TROG 2022, significantly restrict this type of use. These regulations serve to protect the real estate market and are intended to counteract the emergence of “ghost villages”.
It is essential for prospective buyers to obtain comprehensive information about the current laws and regulations before making a purchase. This is where my many years of experience as a lawyer specializing in construction law come into play. I support my clients so that they can not only benefit from the advantages of a vacation home in Tyrol, but also successfully overcome all legal hurdles.
A central point in this context is the definition and legally compliant use of the term “leisure residence” in accordance with Section 13 of the Tyrolean Spatial Planning Act. It is crucial that recreational residences are subject to certain legal criteria. The Administrative Court (VwGH) has set clear standards here, whereby both professional and family living conditions must be taken into account and it is always a case-by-case assessment.
The restrictions on use as a leisure residence are strict.
In addition to the restrictions on use, the TROG 2022 also contains explicit exceptions to the recreational residence regulations. Certain properties are not considered to be leisure residences, including accommodation establishments, spa and recreation homes, vacation apartments and accommodation for private room rental, although this is not generally the case but only under certain conditions.
The creation of new leisure residences is also subject to strict regulations in order to avoid an excessive burden on the infrastructure and an imbalance in the housing market. The recreational residence quota, which limits the proportion of recreational residences in a municipality, may not exceed 8%. The zoning plan plays a central role here. The mayor of the municipality can also approve exceptions to the ban on recreational residences under certain conditions.
Knowledge of these laws is particularly important, as violations of the restrictions on use can result in severe penalties. Various administrative fines of up to 40,000 euros may be imposed as a result of increased controls and detailed inspections of vacation homes. However, these high fines can be minimized or avoided with timely and sound legal advice.
As an experienced lawyer, I use my specialist knowledge and many years of experience to protect clients from potential penalties. This includes, among other things:
- Checking the legal use of recreational residences
- Clarification of licensing issues and representation before authorities
- Applying for a personal exemption permit from the mayor
- Reduction or avoidance of penalties already imposed by the municipality in the relevant administrative penalty proceedings
- Through a detailed analysis of my clients’ individual situation, I can make specific recommendations to avoid potential legal pitfalls and ensure the legally compliant use of houses and apartments in Tyrol.
My aim is to ensure that clients not only enjoy the benefits of their leisure residence in Tyrol, but are also legally protected and shielded from potential penalties.
We will be happy to assist you at any time when it comes to making your leisure residence legally compliant.
