Which conditions apply to a small wind turbine in Salzburg and why a permit-exempt turbine must be notified in writing before work begins.
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A small wind turbine may be exempt from a building permit in Salzburg if specific conditions are met. The exemption applies only when the geometric, acoustic and site requirements in section 2(5) of the Salzburg Building Police Act are satisfied.
Even a permit-exempt turbine must be notified in writing before work begins. The notification needs a description, plans or sketches and, depending on the site, confirmation of compliance with the noise limit. Permit exemption and prior notification are therefore separate checks.
This article covers small wind turbines under section 2(2)(24a) and section 2(5) Building Police Act and the notification under section 3. Electricity law, zoning law and any further permits require a separate review for the specific site.
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The geometric requirements differ between a turbine on or attached to a building and a free-standing turbine.
Document the roof surface, hub height, rotor radius and position in relation to the neighbouring property boundary. Also check the day and night noise limits.
The notification must reach the building authority before work begins. Further permits under other laws may still be required.
Record the exact site designation and the status under the Land Electricity Act. Section 2(5)(3) Building Police Act links the building-law exemption to both requirements.
The written notification under section 3 remains a separate building-law step to be assessed.
Attach the description and plans or sketches showing that the requirements for the exemption are met. At a site that is not designated as greenland for wind turbines, confirmation of the noise limit at the property boundary is especially important.
Begin only after the notification and any other required permits or evidence have been clarified.
First secure the technical data, installation type, property boundary, zoning status and relevant noise values. Without these facts, compliance with section 2(5) Building Police Act cannot be shown reliably.
Plan the start only after the written notification and the review of other relevant areas of law.
Section 2(2)(24a) Building Police Act lists wind turbines as permit-exempt measures but expressly refers to the conditions in subsection 5. The exemption therefore does not follow merely from a low output or the label small wind turbine.
For an installation on or attached to a building, the hub height must remain within imaginary lines measured at a distance of 2 m from the roof surface and at right angles to it. Even during rotation, the blades must not extend beyond the building footprint. Noise limits at the neighbouring property boundary also apply.
For a free-standing installation, no part of the turbine, including rotating blades, may cross imaginary lines that start 1 m from the property boundary and rise at an angle of 45 degrees to the horizontal. The turbine, including its blades, must also remain within 30 m above the installation base. The noise limits apply here as well.
Section 2(5) Building Police Act contains three different categories. The first concerns turbines on or attached to buildings. The second concerns free-standing turbines with their own boundary and height requirements. The third requires a site designated as greenland for wind turbines and a permit or notification requirement under the Land Electricity Act.
The third category therefore still requires a site check. The designation must be matched to the zoning plan and the turbine must be classified under the Land Electricity Act. The written notification under section 3 then has to be checked as a separate building-law step.
The building-law exemption also does not automatically answer questions under zoning law, electricity law or other permit regimes. Section 2(1) Building Police Act expressly preserves permits required under other legal provisions.
For turbines on or attached to buildings and for free-standing turbines, section 2(5) Building Police Act sets a limit of 40 dB(A) by day and 33 dB(A) by night at the neighbouring property boundary. If the site is designated as a pure residential area in the zoning plan, the night limit falls to 30 dB(A).
The reference point is therefore the neighbouring property boundary and the relevant day or night value. A manufacturer specification does not automatically answer that site-specific question. Under section 3(2)(1), confirmation of compliance at the property boundary must be filed for a turbine on a site that is not designated as greenland for wind turbines.
Before filing, site, zoning, boundary and technical design should be brought together in one coherent plan. This keeps it clear which turbine and which evidence location the confirmation concerns.
Section 3(1) Building Police Act requires measures exempt under section 2(2)(17), (17a) and (24a) to be notified to the building authority in writing before execution begins. A wind turbine under section 2(2)(24a) therefore requires this step before work starts.
Under section 3(2), the notification must describe the planned measure. It must also include plans or sketches showing clearly that the requirements for the exemption are met. The sketch should therefore show the measurements relevant to the particular installation type, rather than only marking the site.
For a wind turbine on a site that is not designated as greenland for wind turbines, section 3(2)(1) additionally requires confirmation that the noise limit at the property boundary is met. This evidence is separate from the general description and plans.
A reliable notification brings together the technical description, installation type, turbine height and rotor dimensions. For a turbine on a building, the roof surface and distance from the roof must also be shown. For a free-standing turbine, the base, property boundary, 45-degree line and maximum height must be understandable from the documents.
The zoning plan and additional site information are needed if the greenland wind-turbine category is being considered. The status under the Land Electricity Act cannot be replaced by a label in a building plan.
All documents should refer to the same version of the turbine. A change to height, rotor, position or installation type may change the assessment under section 2(5) and the contents of the notification. For the neighbour perspective, you can also read Neighbour party status and rights in the building-permit procedure.
The two questions are connected but require different evidence.
| Review level | Specific question | Evidence or consequence |
|---|---|---|
| Permit exemption Does the turbine fit a category in section 2(5)? | Installation type, boundary and height measurements and noise limits | |
| Site Is the site designated as greenland for wind turbines? | Zoning plan and classification under the Land Electricity Act | |
| Notification Was the measure notified in writing before work began? | Description and plans or sketches under section 3(2) | |
| Noise Is compliance at the neighbouring property boundary proven? | Confirmation under section 3(2)(1), where required |
The building-law classification does not replace a review of further permits at the specific site.
Important: A small wind turbine is permit-exempt in Salzburg only if the statutory conditions are met. Written prior notification must be made before work begins. Check the current wording of section 2 Building Police Act and section 3 Building Police Act against the site documents. Subscribe to BRANDaktuelle legal updates or arrange an initial consultation (EUR 72).
No. Section 2(2)(24a) refers to the conditions in subsection 5. Installation type, boundary and height measurements, noise emissions and, where relevant, the greenland wind-turbine designation must be checked.
Yes. Section 3(1) requires a permit-exempt measure under section 2(2)(24a) to be notified in writing before work begins. The notification needs a description and plans or sketches.
Section 2(5) sets 40 dB(A) by day and 33 dB(A) by night. In a pure residential area designated in the zoning plan, the night limit is 30 dB(A).
No part of the turbine, including rotating blades, may cross the imaginary 45-degree line beginning 1 m from the property boundary. The maximum height is 30 m above the base, and the noise limits in section 2(5) also apply.
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