Austrian Constitutional Court strikes down parts of Vorarlberg building law

The Austrian Constitutional Court (VfGH) has overturned two provisions of the Vorarlberg building law, ruling them unconstitutional. The decision follows a legal dispute regarding the demolition of the historic ‘Löwen’ inn in Dornbirn-Hatlerdorf.

The owner of the property, a real estate firm associated with the Spar Group, sought to demolish the building. Local authorities had previously blocked the demolition, citing the building’s importance to the local landscape and townscape. While the Vorarlberg State Administrative Court initially upheld the authorities' decision, the Constitutional Court found that the existing law was flawed.

The court determined that the regulations in question—specifically Section 17, paragraphs 3 and 6 of the Vorarlberg building law—constituted an disproportionate interference with property rights. This is because the law required authorities to consider only the protection of the townscape when deciding on demolitions, without accounting for the economic feasibility of renovating the structure for the owner.