An existing order determines the first legal review point.
Read the addressee, deadline, reasons and ordered measure in full. Keep the order, proof of service, plans and photographs ready for review.
Construction defects
Building defects after an ownership change in Salzburg: who must secure the building?
Building defects after an ownership change in Salzburg: duties of the current owner, safety measures, authority orders and a separate cost review.
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4 September 2026 · Mag. Bernhard Brandauer, Rechtsanwalt
Anyone who takes over a property in Salzburg and finds a building defect must clarify the building-law position immediately. Under section 19(1) S-BauPolG, the owners must keep a structure in a good condition that complies with its permit and the applicable building rules and must remedy defects even without a specific authority order.
A change of ownership does not transfer this public-law responsibility back to the former owner. A building-defect order under section 20 S-BauPolG can require the current owner to remedy the defect, take safety measures or, where there is an immediate danger, clear the building.
This article explains which steps matter after a change of ownership, which documents should be secured and how the building authority duty is kept separate from possible claims under the purchase contract.
Classify your situation
What should be checked after an ownership change?
Two short questions show whether the danger, the order or the file position comes first.
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What is the current position?
The next step depends on the condition of the structure and the stage of the authority procedure.
All paths at a glance
Overview of all answers.
With an unclear file position, start with the structure and the building file.
Organise the building permit, plans, earlier notices, reports and authority correspondence. This shows whether the current state matches the building consent.
Where there is immediate danger, safety comes before the cost dispute.
Arrange the technically necessary safety measure and document the condition beforehand. Who must bear the costs internally can be reviewed separately afterwards.
If the danger is unclear, the authority needs a reliable technical basis.
Secure the visible signs and obtain an expert review of cause and extent. Section 20(3) S-BauPolG allows the authority to require a suitable expert report.
Why the current owner must take action
Why the current owner must take action
Section 19(1) S-BauPolG links the maintenance duty to the owners of the structure. They must maintain it throughout its existence and remedy building defects even without a specific order. This also applies when the defect existed before the purchase.
For the building authority, the current owner is therefore the first relevant contact. Whether the seller, designer or contractor must reimburse costs is a separate legal question. It must not delay the necessary safety response.
When buying, review the public-law position before handover and again immediately afterwards. Pay particular attention to open orders, earlier reports, outstanding conditions and departures from the building consent.
What can the building authority order?
What can the building authority order?
Under section 20(4) S-BauPolG, the building authority must require the owner to remedy established building defects within a reasonable period. If there is an immediate danger to people or property, it must order the necessary safety measures. This can include clearing the building.
If the defects are not remedied in time, the authority may order demolition under the same provision. An obviously irremediable defect leads to a demolition order. Section 21 S-BauPolG allows additional safety measures when such an order is carried out.
In an emergency, the authority may set the necessary measures by direct command and coercive power at the owner’s risk and cost. Read the order in full. A casual verbal assessment of the damage does not replace a review of the written notice.
How should the order and purchase contract be separated?
How should the order and purchase contract be separated?
The building-defect order answers a public-law question: which condition must be restored, which safety measure is required and within which period must action be taken? It does not finally decide recourse, warranty or damages between buyer, seller and other participants.
The private-law review focuses on the purchase contract, assurances, disclosures, handover record, known defects and pre-contract communication. Invoices, reports and the actual cause of the defect may also matter for the cost question.
Keep both files in parallel. The authority file documents the danger and the required measure. The purchase file documents which information was available at the ownership change and which claims against other participants may be considered.
Which documents should be secured immediately?
Which documents should be secured immediately?
For an initial review, secure the building-defect order or authority request, proof of service, building permit, approved plans and earlier reports. Current photographs, a condition report, safety and repair quotations and records of use are also helpful.
After an ownership change, add the purchase contract, annexes, handover record, seller statements, known defect notices and communication with the agent, property manager or former owners. Keep the documents in date order and preserve the original versions.
For emergency measures, document the condition before work starts whenever this can be done safely. Record why the safety measure was commissioned and which parts of the structure are affected. This supports both the authority response and a later cost review.
Two reviews
Keep the authority duty and cost issue separate
An ownership change connects two legal questions that require different documents and answers.
| Review level | Core question | Key documents |
|---|---|---|
| Building authority Which safety, remedy or clearing measure does the current condition require? | Order, proof of service, file, report and photographs | |
| Owner Which measures must be arranged immediately and how must they be documented? | Quotations, instructions, invoices, condition report and correspondence | |
| Purchase relation Which claims against the seller or other participants may be available? | Contract, annexes, disclosures, handover record and cause of defect |
The precise assessment depends on the order, the condition of the structure and the contract documents.
Procedure
Four steps after an ownership change
A clear sequence prevents the safety response and the cost review from being mixed together.
- 01Step 101Step 1
Secure the condition
Record the danger, use and affected parts with technical care.
- 02Step 202Step 2
Read the order
Check addressee, deadline, measure and legal remedy in the document.
- 03Step 303Step 3
Implement safety
Arrange and document the measures required by the authority and the technical situation.
- 04Step 404Step 4
Review costs separately
Assess contract, cause and possible claims against other participants.
Practical point: Respond to the danger and the building-defect order as the current owner. At the same time, keep the purchase contract, handover and technical cause in a separate file. For further building-law updates, you can subscribe to the Brandauer newsletter.
FAQ
Building defects after an ownership change
Must the new owner remedy an old building defect? +
The maintenance duty under section 19(1) S-BauPolG applies to the owners of the structure. The current owner therefore has to arrange the necessary steps even when the defect existed before the purchase.
Can the authority require the new owner to clear the building? +
Where there is an immediate danger to people or property, section 20(4) S-BauPolG permits necessary safety measures and, if needed, clearing. In an emergency, measures may also be taken directly.
Who pays for safety and repair? +
The public-law duty and the internal allocation of costs are separate questions. Contract, cause, disclosures and evidence matter for possible claims against the seller, designer or contractor.
What should I do first after receiving a building-defect order? +
Secure the order and proof of service, check the deadline and exact measure and document the condition. Where there is danger, the technically necessary safety response comes before the later cost review.
Which documents are important for the review? +
Important documents include the order, building permit, plans, reports, photographs, quotations and invoices as well as the purchase contract, annexes, handover record and earlier defect notices.
Further reading
More building-law topics
Building defects and safety orders
Basics on dangerous buildings and authority safety measures.
Building-police enforcement
Demolition orders, coercion and substitute performance.
Prohibition on using a building
When use may be limited or prohibited by the authority.
Building law in Salzburg
Further information and tools in the building-law portal.
Topics
Building lawBuilding defectsOwnership changeSafety orderSalzburg
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