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Building setback distances in Salzburg: how close to the boundary you may build

Setback distances in Salzburg: the minimum distance under section 25 of the Development Principles Act, when a development plan prevails and which exceptions are possible.

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22 June 2026 · Mag. Bernhard Brandauer, Rechtsanwalt

Anyone who wants to build close to the property boundary quickly comes across the concept of the setback (Bauwich). This refers to the public-law distances that a structure has to keep from the property boundary. These distances serve daylight, fire protection and the protection of the neighbourhood.

The distance rules are state law and differ considerably from province to province. This article sets out the legal position in Salzburg, which essentially follows from the Salzburg Development Principles Act. Other provinces have deviating rules.

This has to be separated from the purely civil-law boundary question between neighbours. The public-law setback concerns whether your project can be permitted, not the neighbour-law balancing of interests. From a lawyer’s perspective, an early clarification of both levels is worthwhile before you plan.

Classify your setback distance

How close to the boundary may you build?

Answer one or two questions about your project and the development plan. You will receive an initial classification under Salzburg law.

Already know you want to get in touch? Go straight to the enquiry form.

01 Question 1

What do you want to build at or near the property boundary?

In Salzburg, different minimum distances apply to above-ground buildings and underground structures.

All paths at a glance

Overview of all answers.

01

Without a deviating specification, the statutory minimum distance applies in Salzburg.

Without a deviating specification, the fronts of a building must, under section 25 of the Salzburg Development Principles Act (Bebauungsgrundlagengesetz, BGG), keep a minimum distance of three-quarters of their height to the top cornice or eaves, but at least 4 m. Taller buildings therefore have to move further away from the boundary.

Clarify the relevant height and the resulting distance before planning. The building authority can, under narrow conditions, grant an exception if undue hardship would otherwise arise and the neighbours are not significantly affected.

02

A development plan takes precedence over the general minimum distances.

If a development plan determines the position of buildings through building lines or distance specifications, these specifications take precedence over the general minimum distances. You then have to comply with the requirements of the plan, which can be narrower or wider than the statutory minimum distance.

Have the development plan and any building lines checked precisely before you plan. A deviation from the plan generally requires its own permit.

03

A smaller minimum distance applies to underground structures in Salzburg.

Underground structures must, under section 25 BGG, keep a minimum distance of 2 m from the plot boundary. A smaller distance therefore applies to underground garages or basements than to above-ground fronts. Under certain conditions, exceptions are possible where the position of the plot otherwise prevents compliance.

Additionally check whether the development plan contains deviating requirements. With an underground structure near the boundary, the civil-law questions of excavation and subsidence also have to be observed.

The minimum distance under Salzburg law

Under section 25 of the Salzburg Development Principles Act, the fronts of a building must keep a minimum distance from the boundaries of the plot. This is three-quarters of the height to the top cornice or eaves, but at least 4 m. The taller the building, the greater the required distance.

For underground structures, the law provides a smaller minimum distance of 2 m from the plot boundary. Underground garages or basements may therefore move closer to the boundary than above-ground fronts. Here too, exceptions are possible under certain conditions.

These distances are public-law minimum requirements. They only apply insofar as a development plan or the express consent of the neighbour does not provide otherwise. The values relate to the Salzburg legal position and cannot be transferred to other provinces.

Development plan, consent and exceptions

A development plan can independently regulate the position of buildings through building lines and distance specifications. Such specifications take precedence over the general minimum distances. Anyone who builds therefore has to first check whether a development plan exists for the plot and what it requires.

In addition, the express consent of the neighbour can allow building closer, insofar as the law permits this. Finally, the building authority can, under narrow conditions, grant an exception, for example where compliance with the distance would mean undue hardship and the neighbours are not significantly affected.

These possibilities of deviation are tied to conditions and are assessed in the individual case. Do not rely on an oral assurance, but have a planned deviation legally secured before you build.

Distances in Salzburg at a glance

Minimum distances under section 25 BGG

The essential distance rules of the Salzburg Development Principles Act at a glance.

Minimum distances to the plot boundary under Salzburg law
Case Minimum distance to the boundary Basis
Above ground Fronts of a building Three-quarters of the height, at least 4 m Section 25 BGG (Salzburg)
Underground Underground garage, basement At least 2 m Section 25 BGG (Salzburg)
Development plan Building lines set Requirements of the plan take precedence Local development plan

Values under Salzburg law, as at June 2026. Other provinces regulate differently. The overview does not replace a review of the individual case.

Separating public law and the civil-law boundary

The setback concerns the public-law question of whether your project can be permitted. This has to be distinguished from the civil-law level between you and the neighbour. Even if a project is permitted under public law, separate claims can arise from neighbour law.

If a structure projects over the property boundary, the question of encroachment arises, which is to be assessed under its own civil-law rules. You can read more about this in the article on encroachment onto the neighbouring property. Where it concerns noise, dust or vibrations from the construction site, the article on neighbour law for construction-site immissions helps.

With a dispute about distances or about damage to the neighbouring property, early preservation of evidence can be important. How that works is explained in the article on preserving evidence before construction litigation.

Practical tip: Before any planning at the property boundary, check the development plan and the relevant distances with the competent building authority. The values stated here apply to Salzburg; other provinces regulate differently. With planned deviations or exceptions, a review is worthwhile. Booking an initial consultation (72 euros) clarifies your situation.

FAQ

Setback distances and the boundary in Salzburg.

How large is the boundary distance in Salzburg? +

Under section 25 of the Salzburg Development Principles Act, the fronts of a building must keep a minimum distance of three-quarters of their height to the top cornice or eaves, but at least 4 m. For underground structures, a minimum distance of 2 m applies. These values apply to Salzburg; other provinces regulate differently.

Can I build closer to the boundary if the neighbour consents? +

Insofar as the law permits this, the express consent of the neighbour can allow building closer. A development plan can also set deviating distances, and the building authority can grant an exception under narrow conditions. Do not rely on an oral assurance, but secure the deviation legally.

Does the setback also apply to basements and underground garages? +

For underground structures, section 25 BGG provides a smaller minimum distance of 2 m from the plot boundary. Underground garages or basements may therefore move closer to the boundary than above-ground fronts. In addition, it has to be checked whether the development plan contains deviating requirements and which civil-law questions of excavation and subsidence have to be observed.

Further reading

Related topics around the property boundary

Encroachment onto the neighbouring property

Which rights exist when a structure projects over the property boundary and how section 418 ABGB resolves this.

Neighbour law for construction-site immissions

Which rights neighbours have with noise, dust and vibrations from the construction site.

Preserving evidence before construction litigation

How to secure the condition and damage early before a dispute arises.

Construction damages and liability

The focus page on damages questions around building and the neighbourhood.

Topics
setback distanceboundarySalzburgdevelopment principles actneighbour law

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