Modernization and repair requirement; arrangement

  • Brief description

    Municipalities can impose a modernization or repair requirement if a building has defects or deficiencies that can be remedied by appropriate measures.

  • Description

    If the internal or external condition of a building exhibits deficiencies or defects that can be eliminated or remedied through modernization or repair, the municipality can order the elimination of the deficiencies through a modernization requirement and the elimination of the defects through a repair requirement.

    The owner of the building is obliged to eliminate the deficiencies and rectify the defects. The notice ordering the modernization or repair must specify the deficiencies or defects to be remedied and set a reasonable deadline for the implementation of the necessary measures.

    Abuses exist in particular if the building does not meet the general requirements for healthy living and working conditions.

    Defects shall be deemed to exist in particular if, due to wear and tear, ageing, the effects of the weather or the actions of third parties

    1. the intended use of the building is not only insignificantly impaired,
    2. the external appearance of the structure has a more than insignificant impact on the streetscape or townscape, or
    3. the building is in need of renovation and is to be preserved due to its urban development, in particular historical or artistic significance.

  • Legal basis


Responsible departments