Windmills that are not subject to permitting processes according to the Oö. Elektrizitätswirtschafts- und Organisationsgesetz 2006 - Building Notification (Oö. Bauordnung 1994)

In Upper Austria, certain construction projects do not require any building permit; however, they do require a building notification be sent to the Building Authority. The advantage over the construction permitting process lies in the fact that, even in the notification process – at least for buildings – a building plan with all necessary presentations (drafted by an authorised planner) must be presented to the Building Authority, but that no building permitting process must be carried out for certain structures and plants.

Thus, the construction of windmills that are not subject to permitting processes according to the Oö. Elektrizitätswirtschafts- und Organisationsgesetz 2006 requires a building notification. It must be submitted to the Building Authority prior to the start of construction.

To achieve a positive result with the Building Authority, the following preconditions must be in place:

• The Building Notification must comply in terms of content with the provisions of law and all legally required documents must be attached.

• The building project necessary must not conflict with compulsory provisions of a land use plan, a development plan, a declaration for the area subject to re-zoning or a legally enforceable site permit.

• The building project may not through its proximity to a nearby business operation in the sense of the Seveso II guideline, increase the risk of a severe accident affecting human health nor worsen the effects of such an accident with respect to human health.

• The building project may not conflict with compulsory provisions of construction code.

   

If the execution of the building project is not denied within eight weeks of the receipt of a complete and properly documented Building Notification, or if the Building Authority informs the notifying party in writing before this deadline that it does not intend to reject the request, the building project may be initiated.

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