Neighbour Disputes in Austria: Noise, Fences, Trees and Smoke

Living next to other people in Austria can involve minor conflicts: a loud party, overhanging branches, smoky barbecues or a deteriorating fence. Austrian law requires some disturbances to be tolerated, but there are limits and an established process for making a complaint.

The common standard: what is usual locally

For most neighbour disturbances—such as noise, smoke, smells, light and trees—two conditions are decisive. You may bring an Unterlassungsklage (action for an injunction) if the disturbance:

• exceeds the locally customary level (ortsübliches Maß), and
• significantly restricts the customary use of the property in that location.

What is considered customary depends on the regional circumstances, and every case is assessed individually. Something normal in a village may not be considered normal in an urban residential area. Ultimately, the court decides whether you have a legal claim.

Noise: when is it considered disruptive?

People must not create unreasonably disruptive noise during the day or at night. The standard is stricter during usual rest periods, especially at night and on Sundays and public holidays.

A common misconception is that there is an absolute legally defined period of silence between 22:00 and 06:00. There is not. Even during this period, each case is assessed individually to determine whether the noise was unreasonable. The police generally check this at the location.

Municipalities may regulate the times for lawn mowing and other noisy activities, so the rules can differ from one municipality to another.

Dog barking

As a general rule, dog barking must be tolerated unless it reaches an “unreasonable” level. In that situation, it may constitute an administrative offence, and you can report it to the security authorities.

Trees, bushes and overhanging branches

As a general rule, you must tolerate shade from a neighbour’s trees. You can only demand that branches be removed if the disturbance exceeds the locally customary level, significantly restricts the customary use of the property and is also not reasonably tolerable. This does not apply if the plant is protected under federal or provincial law.

As a general rule, the owner is not obliged to cut back overhanging branches or roots. However, you may cut them back on your own property under the right to remove overhanging branches (Überhangsrecht).

• Normally: you pay for removing overhanging branches yourself.
• If there is a danger, such as a rotten branch that may fall, the tree owner bears half of the cost.

The work must be carried out professionally and the plant must be treated carefully. You may pick fruit growing on an overhanging branch.

Boundary trees (Grenzbaum)

A tree belongs to the person whose land the trunk grows from. If the trunk stands exactly on the boundary, the tree is jointly owned, and neither neighbour may have it felled without the other neighbour’s consent.

Fences: who must build and maintain them?

Under Section 858 of the General Civil Code (ABGB), each landowner is generally required to provide a boundary on the right-hand side of the property, viewed from the street and facing the main entrance. The type of fence is determined by local custom.

If the entrances to the neighbouring properties are on different sides, the law does not address this situation, so the neighbours generally need to reach an agreement. There is no statutory requirement for a rear fence.

• A fence or hedge belongs to the person whose property it stands on, who also bears the maintenance costs.
• As a general rule, the owner is not obliged to repair it, unless the neighbour would suffer damage or local building regulations require repairs.
• In the case of a shared fence, both parties may use up to half of it and contribute proportionally to its maintenance.

Smoke, smells, light and objects falling onto the property

Smoke, heat, smells and gases must be tolerated to a certain extent. However, if the two conditions described above are met, you may bring an Unterlassungsklage. Smoke directed directly onto your property is always prohibited, unless the neighbour has been granted a right to do so.

As a general rule, you must also tolerate light from a neighbour’s lamps. However, if the lights are so strong that they significantly worsen your sleep, you may bring a claim.

Solid objects—including branches, stones, snow sliding from a roof, soil and balls—must generally not cross onto the neighbouring property.

Where to turn and in what order

1. Talk to the neighbour: speaking directly to the neighbour should usually be the first step.
2. Attempt an out-of-court settlement: this may involve a conciliation body (Schlichtungsstelle), a mediator or a court settlement (prätorischer Vergleich). As a general rule, you may only go to court after this step.
3. Report noise: contact the police, the district authority (Bezirkshauptmannschaft), the magistrate or the municipal office.
4. Bring an Unterlassungsklage: you can bring an action for an injunction before the court.

Self-help is only permitted if a court decision would arrive too late, and even then only within very narrow limits. Otherwise, it may itself be punishable.

When the neighbour is a business

An Unterlassungsklage is generally not available against a neighbouring business, but you can report it to the industrial authority (Gewerbebehörde). If the business breaches official conditions, it may also be possible to sue it.

Frequently asked questions

Can I call the police if my neighbour is making noise at night?

Yes. The noise may be an administrative offence, and the police can assess at the location whether it is unreasonable.

Can my neighbour cut down a shared boundary tree?

No. A boundary tree is jointly owned, so cutting it down requires the other party’s consent.

Can I prevent my neighbour’s cat from entering my property?

As a general rule, no. There is no obligation to keep a cat indoors, and its passage must generally be tolerated.

Can I object to my neighbour’s building project?

Only to the extent that the neighbour must comply with building regulations, including distance requirements that differ between provinces. If you are summoned to a building hearing (Bauverhandlung), it is advisable to attend.

Practical steps

1. Record the dates, times, type and extent of the disturbance.
2. Check whether your municipality has rules on lawn mowing or other noisy activities.
3. Discuss the issue calmly with the neighbour and try to agree on a solution.
4. If necessary, seek a Schlichtungsstelle, mediator or prätorischer Vergleich before starting court proceedings.
5. For noise, contact the police, Bezirkshauptmannschaft, magistrate or municipal office as appropriate.
6. Obtain legal advice before cutting branches, taking self-help measures or bringing an Unterlassungsklage.

This article is based on information available online and does not constitute advice. Use it at your own risk. If you need professional advice, consult a lawyer, legal professional or another relevant specialist.

Source: oesterreich.gv.at