Completion notice in Salzburg: review missing confirmations, conditions, actual construction and the start of occupation in an orderly way.
BRANDAUER Rechtsanwälte
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A completion notice and the actual occupation of a building are connected in Salzburg, but they answer different questions. Before moving in, clarify which confirmations are available, whether conditions have been met and whether the building matches the approved state.
Missing confirmations are not merely formal details. They can affect the authority’s assessment, the safety of use and the evidence against a developer or contractor. Occupation should therefore be planned on the basis of complete documents.
This article covers the transition from completed construction to occupation. It distinguishes the completion notice from contractual handover, open construction defects and a possible prohibition on use.
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Before moving in, complete documents are central. If use has already started, compare the decision and the actual state as well.
Secure the building permit, completion notice, confirmations, conditions, correspondence and current photographs. Compare the layout, use, installations and outstanding works with the approved and documented state.
Read an authority request in full and observe its stated period. A general response or reliance on handover does not replace review of the concrete documents.
Assign the completion notice and each confirmation to the relevant building element or technical installation. Check whether the construction, use and planned occupation match the decision and conditions.
Record remaining works, reservations and the handover condition in a separate record. Public-law completion and contractual handover remain separate reviews.
Make a list of missing documents: who must confirm what, which building element or installation is concerned and which condition is being confirmed? Request missing documents in writing and keep the response.
If occupation starts nevertheless, document its scope, reason and reservations expressly. An oral promise that documents will follow does not provide a reliable basis for the individual case.
A completion notice informs the building authority that a project or relevant construction stage has been completed. The required information and attachments depend on the approved project, conditions and construction as carried out.
A notice is therefore not a general release for every use. The building must still correspond to the consent and any required confirmations or evidence must be complete.
The State of Salzburg provides information and forms on building proceedings and completion notices. The current official documents and the concrete decision determine what applies.
A missing confirmation can have several causes: it has not been issued, was not transmitted, concerns only part of the project or does not match the construction as carried out. These situations must be distinguished.
Check who must issue the confirmation, which state it covers and whether it fulfils a condition in the building decision. A general statement that the building is finished does not make that assignment.
If inconsistencies remain, occupation should be limited to the clearly assessed rooms or installations and the open issue should be clarified in writing.
Occupation is assessed by looking at the actual use. Moving in, letting, operating an office or receiving customers can raise different issues from a mere inspection or storing construction materials.
Compare the actual state with the plans, decision and conditions. This includes layout, access, technical installations, fire safety, sanitary areas and changes made during construction.
If only individual areas are ready, define the scope of use clearly. Partial occupation must not conceal missing documents or conditions for other areas.
The completion notice belongs to the public building procedure. Handover concerns the contractual relationship between client, developer and contractor. Both may occur at the same time, but they raise different legal questions.
A handover record should therefore not generally confirm that all public-law requirements have been met when confirmations are missing or the decision contains open conditions.
Conversely, an authority’s completion step does not establish that the work complies with the contract. Remaining works, defects, reservations and payment issues must also be recorded.
Before occupation, describe visible defects and unfinished work by location, date and effect. Photographs alone are often insufficient if the room or cause cannot be identified clearly.
A reservation must match the concrete issue. Occupying one room should not be described as unconditional acceptance of the entire building when technical evidence, remaining work or defects are open.
For material safety or functionality issues, also assess whether and to what extent use is responsible.
An authority request may concern missing documents, a deviation from the approved state, unclear use or a specific danger. Only the exact wording shows what response is required.
Secure service, period, file number, decision, plans and requested evidence. Assign each addition to a building element and to the person or office able to provide it.
If a prohibition on use or another adverse measure is threatened, review the decision and its information on remedies separately.
A reliable review starts with the building permit, approved plans and conditions. Add the completion notice, required confirmations, inspection records, correspondence and current photographs.
For the contractual level, include the contract, specification, payment status, handover record, list of remaining works and notice of defects. Arrange the documents by date in one chronology.
The authoritative source is the current decision and its attachments. The State of Salzburg building-procedure information and the current Salzburg Building Police Act provide additional official context.
Do not combine the levels into one general statement that the building is complete.
| Level | Concrete question | Evidence |
|---|---|---|
| Authority Are notice, confirmations and conditions complete? | Decision, notice, attachments and authority correspondence | |
| Construction Does the construction match the approved plans? | Current photographs, plans, inspection reports and remaining-work list | |
| Contract What is handed over and which defects remain? | Contract, handover record, reservations and notice of defects |
The required evidence depends on the project, decision and actual state.
The sequence combines authority documents with construction condition and handover.
Practical tip: Keep completion notice, handover record and start of occupation separate. If confirmations are missing or an authority request has arrived, you can review the documents in an initial consultation (72 euros).
This depends on the specific requirements, conditions and actual use. Missing information or confirmations should be identified and clarified in writing before occupation begins.
No. Handover concerns the contractual relationship. Completion notice, evidence and authority requirements belong to the public-law level and require a separate review.
This can only be established from the building decision, conditions and construction as carried out. The key questions are who must confirm which state or building element and whether the document covers the actual construction.
Describe each defect by location, date and effect. Add photographs, a list of remaining works and an express reservation in the handover record. Do not describe occupation as unconditional acceptance of the entire building.
Secure the letter, service, period, decision, plans and requested evidence. Assign each request and answer within the applicable period. If a prohibition on use is issued, review the decision and remedies information.
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