Building: Administrative offences

A large number of regulations must be observed during the construction, erection, modification, change of use, demolition or removal of building structures.

Anyone who contravenes the building regulations - whether wilfully or negligently - is committing an administrative offence. In addition, many legal provisions of the so-called ancillary building law contain independent regulations on administrative offences.
For example, anyone who

• contravenes an enforceable written order issued by the building supervisory authority (e.g. cessation of work, removal of installations)
• erects, modifies, uses or removes structures (building structures) without the required building permit or in deviation therefrom without the required notifications and structural engineering verifications
• commences implementation of a construction project exempt from authorisation before the expiry of 3 weeks after the confirmed date of receipt of the documents
• commences construction work without having obtained the (required) building permit and without having submitted the structural engineering certificates and the notification of commencement of construction to the building supervisory authority, and furthermore resists the measures of the building supervision (requests and notification obligations)
• the notice of commencement of construction work is not submitted or not submitted on time
• labelling construction products with the Ü mark without the requirements for this being met
• Building products used without Ü mark
• uses types of construction without general building authority approval, general building authority test certificate or approval in individual cases
• violates his legal obligations as the client, designer, contractor, site manager or as their representative
• provides incorrect information or submits incorrect plans or documents against their better judgement in order to obtain or prevent an official decision (e.g. a building permit or removal order)

In cases of doubt, it is therefore recommended that you contact the responsible building supervisory authority or the municipality before carrying out any activity relevant to building law