When a construction crane qualifies as an aviation obstacle under Austrian law and which permit should be checked before erection.
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A construction crane may qualify as an aviation obstacle under the Austrian Aviation Act. This is a separate aviation-law issue. It does not replace building-law review or the question whether the crane swings over neighbouring land.
Before erection, the owner and crane company should therefore check whether the site lies in a safety zone or whether the statutory height criteria outside a safety zone are met. Depending on the result, an exemption permit may be required.
The relevant facts are the location, height, terrain, proximity to an aerodrome and the purpose of the installation. A later permit should not be treated as a reliable cure for work that has already started.
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Record the location, maximum height, jib configuration and intended operating period. Then check whether a safety zone or the height criteria in section 85 Aviation Act are relevant.
Do not begin erection until the required permits and any conditions have been clarified.
Compare the technical data with section 85 Aviation Act. For an aviation obstacle outside a safety zone, section 91 generally requires a permit from the competent authority.
The aviation permit remains separate from permits required under other laws.
First secure the exact location, the highest possible crane height, terrain and aerodrome references and the intended purpose. Section 92 requires information on the location, type, characteristics and purpose of the aviation obstacle.
Until this is clarified, the planned erection should not be treated as permitted.
Section 85 Aviation Act lists, within safety zones, structures, cranes, antennas and comparable installations among aviation obstacles. The relevant question is whether the object penetrates the surfaces defined by the safety-zone regulation.
Outside safety zones, section 85(2)(1) covers objects at least 100 metres above the ground. A further situation concerns objects exceeding 30 metres on a natural or artificial elevation that rises more than 100 metres above the surrounding landscape.
Height therefore cannot be taken from the mast height alone. Terrain, reference level and the precise site must be assessed together.
Whether a site lies in a safety zone is separate from whether the crane may swing over neighbouring land. Aviation law protects air traffic and concerns the location and height of the obstacle.
The initial file should therefore contain a scaled site plan, crane position, highest jib position, terrain level and any aerodrome reference. An approximate distance or oral estimate is not enough for a reliable decision.
A building-law or trade-law permit does not automatically answer the aviation-law question. The procedures and responsibilities remain separate.
Under section 91 Aviation Act, an aviation obstacle outside a safety zone may generally be erected, altered or extended only with a permit from the authority competent under section 93. The provision expressly refers to an exemption permit.
The Aviation Act permit does not replace permits required under other laws. This remains true even if the crane is used only temporarily for a construction project.
A later increase in height, a change of position or a material change in the jib configuration should trigger a renewed review. The change may affect the aviation-law classification.
Section 92(1) requires information on the location, type and characteristics and purpose of the aviation obstacle. For a construction crane, the application should match the technical documents.
A useful file includes the site plan, maximum height, reach, operating period, intended mode of operation and any proposed marking. The competent authority may request additional documents or evidence.
Under section 92(2), the exemption permit is to be granted if aviation safety is not impaired. It may be conditional, time-limited or subject to requirements, especially regarding marking.
Section 92(3) contains a specific timing rule. If erection, alteration or extension does not begin within two years after the exemption permit becomes final, the permit expires.
If operation does not start within one year after erection, or remains suspended for more than two years, the authority may revoke the permit for aviation-safety reasons and order removal at the owner’s cost. The operator must notify the authority of non-commencement or suspension.
These periods must be distinguished from the short planned duration of a construction crane. They concern the effectiveness of the exemption permit and do not replace an early review before work starts.
These points separate aviation-law classification from other construction-site issues.
| Review area | Specific question | Legal reference |
|---|---|---|
| Location Is the crane in a safety zone or a relevant nearby area? | Section 85 Aviation Act and safety-zone rules | |
| Height What maximum height does the crane reach above ground and in relation to terrain? | Section 85(2) Aviation Act | |
| Permit Has erection, alteration or extension been approved under aviation law? | Section 91 Aviation Act | |
| Application Are location, type, characteristics and purpose stated completely? | Section 92 Aviation Act |
This overview does not replace an authority decision or advice on the individual case.
Important: An aviation permit is separate from a building-law crane permit and from an agreement concerning neighbouring land. Check the current wording of section 85 Aviation Act, section 91 and section 92. Arrange an initial consultation (EUR 72)
No. Safety zones, height, terrain and the requirements of section 85 Aviation Act are relevant. The specific site and technical data must be assessed.
A building-law permit does not automatically answer the aviation-law question. Under section 91, the required permits may exist alongside one another.
If the crane qualifies as a permit-required aviation obstacle, the exemption permit should be obtained before erection. The planned start date should therefore be coordinated with the permit status.
Section 92(1) names the location, type and characteristics and purpose of the aviation obstacle. For a construction crane, these facts should be supported by a site plan and technical height data.
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