When a house in an airport safety zone needs an exemption permit under section 86 LFG, how section 85 defines the obstacle test and why building consent remains separate.
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Anyone planning or altering a house in an airport safety zone needs to check Austrian aviation law alongside the applicable state building rules. Under section 86 LFG, a structure that qualifies as an obstacle under section 85(1) requires an exemption permit if it penetrates the surfaces specified in the safety-zone regulation.[1][2]
Proximity to an airport does not decide the permit question on its own. The legally established safety zone and the surveyed height of the particular building determine the next step.
This article focuses on a permanent residential building and its approvals. It explains which regulation and plans to obtain, how the aviation permit relates to building consent, and which authority handles the application.
Confirm the zone first, then compare the building with the surfaces defined for that location.
Use the aerodrome regulation and its associated plan to identify the zone.
Section 86 LFG applies to aviation obstacles within a safety zone. Sections 85(2) and (3), together with section 91 LFG where applicable, set a separate route outside the zone. Have the actual building height and site assessed under those provisions.[1][2]
A construction crane is a temporary installation with its own practical questions. Our article on construction cranes as aviation obstacles covers that situation.
Obtain the safety-zone regulation and associated plan for the relevant aerodrome. A general distance figure or map that does not show the applicable height surfaces cannot answer the section 86 LFG question.[2][3]
Mark the property boundaries and proposed house position on those documents. This anchors the next review to the correct site.
If the house penetrates the surfaces set by the regulation, clarify the section 86 LFG exemption permit with the competent authority. Submit the building design with its location and height data, and wait for the required decision before erecting or altering the obstacle.[1][2]
Local building consent remains a separate process. The aviation decision does not complete the building-law review.
If the surveyed building envelope remains below the relevant surfaces, the section 85(1) LFG obstacle test is not met on that basis. Keep the regulation, plan and height comparison used for the assessment.[1]
Local building consent and other project requirements still need separate review. Repeat the comparison if the design height or position changes.
Ask the designer to provide a site plan, building sections and reliable height levels. The comparison should show the property, terrain and highest planned part of the house.
Those details allow the competent authority to assess whether the design penetrates a surface in the safety-zone regulation. An approximate height without a site reference leaves the question open.[1][3]
Section 86(2) LFG provides for a safety zone in every case at airports, military aerodromes and airfields with instrument flight operations. At other airfields, a zone is established where there is a public interest and that interest is not outweighed by opposing public interests.[2]
The regulation for the relevant aerodrome determines the safety zone. Section 85(1) LFG refers to the surfaces specified in a safety-zone regulation under section 87. The property must therefore be checked against those location-specific documents.[1]
A general distance from the airport does not show the zone boundary or its height surfaces. Austro Control provides information about the official documents. Plans and regulations for civil airports are available in the Austrian Nachrichtenblatt für Luftfahrer (OENFL). Regulations and plans for military safety zones can be inspected at the municipalities concerned.[3]
Section 85(1) LFG lists buildings above ground among the possible aviation obstacles within a safety zone. A listed object is treated as being within the zone when it penetrates the surfaces specified in the safety-zone regulation.[1]
The assessment therefore concerns the full building envelope at its exact location. The site plan, surveyed terrain level and building sections need to show together whether the highest point of the proposed house penetrates one of the defined surfaces. A single height figure without a site reference cannot answer that question.[1]
Include the parts and permanently installed features shown in the design. If the building height or position changes, repeat the comparison against the revised project.
If the proposed house meets the section 85(1) LFG obstacle test, section 86(1) requires approval from the competent authority before it is erected, altered or extended within the safety zone. The Act calls this an exemption permit.[1][2]
The permit under aviation law addresses the aviation issue. Building consent under the applicable state law and any other required approvals remain separate. Project planning should account for both procedures.[2]
Carry out the project only after the decisions required for that design are in place. If part of the design changes, keep the plans in both procedures aligned with the same project version.
Section 86(1) LFG refers to the authority competent under section 93. Current Austro Control information names the Federal Ministry for Innovation, Mobility and Infrastructure (BMIMI) for safety zones at civil aerodromes. For military aerodromes, it names the Federal Ministry of Defence (BMLV).[2][3]
Austro Control expressly states that it does not issue permits for aviation obstacles. Before filing, confirm whether the aerodrome is civil or military and where the documents for that specific location must be sent.[3]
Information about an aerodrome or a preliminary building-law review is not the exemption permit. Track the competent authority and the status of that procedure separately from building consent.
Start with the regulation and plan for the relevant aerodrome. Mark the property boundaries and proposed house position on them so that the review uses the correct site.
Add a current site plan, surveyed height levels, building sections and the highest planned point of the house. Show roof structures and other permanent features that form part of the design. Use a consistent reference for the terrain levels.
These documents help the competent authority and the design team make a focused preliminary assessment. They are not a complete statutory application checklist. Ask the authority which further evidence your project requires. Building consent remains a separate matter. Our article on building permits in Salzburg explains that state-law process. Austro Control lists the official safety-zone documents.[3]
Practical next step: Have the regulation, safety-zone plan and building design reviewed together before carrying out the project. To discuss a specific house, you can book an initial consultation for EUR 180.
Plans and regulations for civil airports are available in the Austrian Nachrichtenblatt für Luftfahrer (OENFL). Documents for military safety zones can be inspected at the municipalities concerned. Check that the plan and property can be matched precisely.[3]
Austro Control states that it is not responsible for permitting aviation obstacles. For civil safety zones it names the BMIMI, and for military safety zones the BMLV. The relevant authority depends on the aerodrome.[3]
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