LEXIKON

In its decision dated April 8, 2026, 1 Ob 26/26v (www.ris.bka.gv.at/jus), the Supreme Court upheld the construction company’s liability for the construction of a pool facility on green space in violation of zoning regulations:

The plaintiff, the property owner, commissioned the defendant construction company to build a pool facility on the site of an existing pool facility. Neither party was aware, at the time the contract was concluded or the facility was constructed, that the property in question was designated as “green space, agriculture, and forestry” in the zoning plan, meaning the pool facility was built in violation of zoning regulations.

According to the Supreme Court, the construction company would have been obligated to review not only the land registry extract but also the zoning plan to ensure that a pool could be built at that location. The fact that a pool facility had previously existed at that location does not alter this.

The construction company that built the pool facility thus violated its duty to warn and must compensate the property owner for the damages claimed in the lawsuit.