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Zoning and the development plan: what you may build on your land

Zoning and the development plan in Salzburg: what building land, green land and transport area mean, what binding effect applies and why there is no right to rezoning.

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4 July 2026 · Mag. Bernhard Brandauer, Rechtsanwalt

Anyone who wants to buy or build on a plot quickly comes across two terms that decide on the entire project: the zoning and the development plan. They determine whether and how a plot may be built on at all. A beautiful plot is of little use if it is designated as green land.

This post explains, using the example of Salzburg, what the zoning plan and the development plan govern, what binding effect they have on the building permit and why there is no legal right to a rezoning. The basis is the Salzburg Spatial Planning Act 2009.

Spatial planning is a matter for the federal provinces. The principles set out here apply to Salzburg. In other federal provinces their own laws apply with partly different terms and rules. From a legal perspective, the clarification of the designation stands at the start of every building project.

Place your situation

What may you build on your land?

Answer one or two questions on the designation and the development plan. You will receive an initial classification of your options.

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

01 Question 1

How is your plot designated in the zoning plan?

The zoning decides whether the plot may be built on at all. The municipality provides this information.

All paths at a glance

Overview of all answers.

For building land with a development plan, the plan defines the limits of your project.

If your plot is designated as building land and a development plan exists, your project and the later building permit must comply with its requirements. The development plan governs the building method, density, height and position of the building. Check these requirements before you plan or buy.

The building authority is bound by the zoning and the development plan. A project that conflicts with the requirements is not capable of approval. A legal review clarifies whether your project is compatible with the requirements.

For building land without a development plan, the basis must be clarified separately.

If your plot is designated as building land but a development plan is missing or only being drawn up, the permissible building and the approval follow the other spatial planning and building-technical requirements. Which standards apply depends on the specific legal situation in the municipality.

Ask the municipality whether a development plan is planned and which requirements are to be expected. A legal review clarifies which basis is decisive for your project.

For green land or transport area, building is generally not foreseen.

If your plot is designated as green land or transport area, building is generally not permitted. There is no legal right to a rezoning into building land. It is a matter for the municipality within local spatial planning and follows planning considerations.

You may suggest a rezoning to the municipality but must expect an open outcome. Before you acquire a plot designated as green land with the intention to build, you should realistically assess this hurdle. A legal review places your options in context.

The designation can be reliably clarified at the municipality.

If you do not know the designation of your plot, first obtain the information from the municipality. The zoning plan and any development plan are the decisive basis for any building. Only then can it be assessed what is permissible on the plot.

Especially before a purchase this clarification is indispensable, because it decides on the buildability and thus on the value. A legal review helps to place the information correctly.

All recommendations at a glance

For building land with a development plan, the plan defines the limits of your project.

For building land without a development plan, the basis must be clarified separately.

Ask the municipality whether a development plan is planned and which requirements are to be expected. A legal review clarifies which basis is decisive for your project.

For green land or transport area, building is generally not foreseen.

The designation can be reliably clarified at the municipality.

Especially before a purchase this clarification is indispensable, because it decides on the buildability and thus on the value. A legal review helps to place the information correctly.

The zoning plan: building land, green land, transport area

The zoning plan is a central instrument of local spatial planning. It divides the municipal area into different designations, above all building land, green land and transport area. With it the municipality determines which use is permissible on an area. Building is generally foreseen only on building land.

Building land is further subdivided, for example by residential, commercial or mixed use. Which subcategory applies determines the framework for the permissible use. Green land by contrast is intended for agricultural and forestry use or as open space and is generally not buildable.

The zoning plan is issued by the municipality as an ordinance and is oriented towards the spatial development concept. It is the basis of every further plan. Anyone who acquires a plot should always clarify the designation in advance, because it decides on the buildability and thus on the value.

The development plan: type and degree of building

While the designation determines the basic use, the development plan governs the details of building on the building land. It determines the type and degree of building use, such as the building method, the density, the height and the position of the buildings. The development plan is derived from the building land set out in the zoning plan.

The development plan too is an ordinance of the municipality. It specifies how a plot that is in principle buildable may be built on. Only from the interplay of designation and development plan does the actual scope for a project emerge.

A development plan does not yet exist for every building-land area. If it is missing or only being drawn up, the standards follow the other spatial planning and building-technical requirements. The specific legal situation in the municipality must then be clarified separately.

Binding effect and no right to rezoning

The zoning plan and the development plan bind the building authority. A building permit may only be granted if the project complies with the designation and the development plan. A project that conflicts with the requirements is not capable of approval. This binding effect protects the orderly development of the municipal area.

There is no legal right to a rezoning, for example from green land into building land. The designation and its change are a matter for the municipality within local spatial planning. It follows planning and supra-local considerations, not the wish of an individual owner. A suggestion to rezone is possible, but its outcome remains open.

If building land is rezoned back into green land by a change of the zoning plan and building is thereby prevented, compensation may be due under certain conditions. Whether and to what extent depends on the statutory requirements and the circumstances. A legal review clarifies whether such a claim comes into consideration.

Two planning levels

Zoning plan and development plan compared

Both instruments build on one another. The overview places their roles.

Zoning plan and development plan in local spatial planning
Question	Zoning plan	Development plan
Subject of regulation Basic use of the areas	Type and degree of building on the building land
Typical determination Building land, green land, transport area	Building method, density, height, position
Legal form Ordinance of the municipality	Ordinance of the municipality, derived from the building land
Relevance for the permit Decides whether building is permitted at all	Decides how building is permitted

The terms and rules apply to Salzburg. In other federal provinces they may differ.

Practical tip: Before any purchase with the intention to build, obtain information from the municipality on the zoning and the development plan and never base your plans on a mere hope of rezoning. This avoids costly bad investments. If you would like to discuss your case, you can arrange an initial consultation (72 euro).

What you should do before purchase and building

First clarify the designation of the plot at the municipality. Inspect the zoning plan and any development plan and have the decisive requirements explained to you. Only then can it be assessed whether and how your project is permissible.

Compare your project with the requirements before you buy or plan. For building land with a development plan, pay attention to building method, density and height. If a development plan is missing, clarify the otherwise decisive basis. Do not rely on a hoped-for rezoning.

In case of doubts about buildability or a planned rezoning back, early legal advice is sensible. A legal assessment places the zoning and planning situation in context and clarifies whether claims exist. For an overview of neighbour-law topics, see our post on neighbour law and immissions.

FAQ

Zoning and the development plan.

May I build on green land? +

Generally not. Building is usually not permitted on green land, because the area serves agricultural and forestry use or as open space. Building presupposes a rezoning into building land, to which there is no legal right.

What is the difference between the zoning plan and the development plan? +

The zoning plan determines the basic use, that is whether an area is building land, green land or transport area. The development plan governs the details on the building land, such as building method, density and height. Only both together yield the scope for a project.

Do I have a right to have my plot rezoned? +

No. The designation and its change are a matter for the municipality within local spatial planning. It follows planning considerations, not the wish of an individual owner. You may suggest a rezoning, but there is no right to it.

In depth

ZoningDevelopment planSpatial planningSalzburgConstruction law

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Zoning and the development plan: what you may build on your land

What may you build on your land?

How is your plot designated in the zoning plan?

Overview of all answers.

For building land with a development plan, the plan defines the limits of your project.

For building land without a development plan, the basis must be clarified separately.

For green land or transport area, building is generally not foreseen.

The designation can be reliably clarified at the municipality.

The zoning plan: building land, green land, transport area

The development plan: type and degree of building

Binding effect and no right to rezoning

Zoning plan and development plan compared

What you should do before purchase and building

Zoning and the development plan.

Further topics around plot and building

Neighbour law and immissions

Construction contract and remuneration

Check the construction contract before signing

Damages on the construction site

Defects, a remuneration dispute, looming litigation?

A direct line to the firm.

Zoning and the development plan: what you may build on your land

What may you build on your land?

How is your plot designated in the zoning plan?

Overview of all answers.

For building land with a development plan, the plan defines the limits of your project.

For building land without a development plan, the basis must be clarified separately.

For green land or transport area, building is generally not foreseen.

The designation can be reliably clarified at the municipality.

The zoning plan: building land, green land, transport area

The development plan: type and degree of building

Binding effect and no right to rezoning

What you should do before purchase and building

Zoning and the development plan.

Further topics around plot and building

Neighbour law and immissions

Construction contract and remuneration

Check the construction contract before signing

Damages on the construction site

Subscribe to legal news

Defects, a remuneration dispute, looming litigation?

A direct line to the firm.