After record heat, when the thermometer in Vienna-Stammersdorf exceeded 41 degrees, the Austrian government announced that it is preparing amendments to the legislation that should simplify the installation of measures to protect against overheating in residential buildings. The very next day after this event, the cabinet adopted the relevant circular, and the bill is planned to be presented in autumn. According to federal secretary SPÖ Klaus Seltenheim, the changes will allow tenants and owners to more easily install:
- external blinds
- roller shutters
- solar-protection coverings
- air conditioners
…without going through complex approval procedures.
Currently, to install such systems, apartment owners often need the consent of the other owners in the building, and if it is not obtained, they are forced to prove in court that the measure corresponds to common practice or serves an important interest. For renters, the barriers are even higher. The new version of the law is intended to remove these restrictions, making the installation of:
- split air conditioners ❄️
- external solar-shading devices ☀️
…comparable in simplicity to installing ordinary blinds.
Representatives of industry associations — the Real Estate Trade Association and the Austrian Owners’ Association — consider the initiative premature and isolated. They point out that the cooling issue should be addressed in conjunction with:
- thermal insulation
- ventilation modernization
- switching heating to renewable sources
- financing issues
In the view of Roman Oberndorfer and Anton Holzapfel, simplifying the installation of individual air conditioners without an overall strategy creates parallel structures and contradicts the goals of climate policy.
The Austrian Tenants’ Association insists on the swift inclusion of external solar shading and split air conditioners in the list of privileged works under § 9 Mietrechtsgesetz. This would spare residents from having to prove “common practice” and an “important interest,” as required by current legislation and a recent Supreme Court decision.
As an example, they cite an amendment to the Condominium Ownership Act adopted in 2022, which made it easier for owners to install external blinds, while still leaving renters without comparable rights.