Plot & Building
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Ownership of land is characterized by high security of value; in Austria, the land register and the digital cadastral map (DKM) serve as proof. Changes to property boundaries - e.g. through divisions or mergers - may only be carried out by state-authorized and sworn engineering consultants for surveying (IKV).
The IKV is a notary public and is seen as a "technical notary". This involves not only boundary points but also issues such as:
- the area of the plot
- Servitudes, building rights, neighboring rights
- the transfer to the boundary cadastre
- Cost optimization for fees and contract establishment
Negotiation, surveying, notarization
To change the shape of a plot of land (parcel), a deed of division must be drawn up. Extensive official requirements must be complied with in the process.
Depending on the initial situation of the affected property boundaries (not surveyed, surveyed, legally binding, ...), it is necessary to negotiate the property boundaries with the neighbors and to survey existing and new boundary points.
The IKV supports property owners with its expertise from the idea to the partition proposal to the deed of partition that can be recorded in the land register.
Boundary survey when...
... a construction project is planned near the border
... massive or high-quality walls or fences are to be erected
... missing boundary signs (e.g. boundary stones) are to be restored
Entering other people's properties
The consulting engineer for surveying has special rights in the exercise of his profession. These are regulated in the VermG §43. Here is an excerpt from paragraph 1:
(1) Notwithstanding the provisions of the Railway Act 1957, Federal Law Gazette No. 60, the Aviation Act, Federal Law Gazette No. 253/1957, the Restricted Areas Act 2002, Federal Law Gazette I No. 38/2002, and the Ammunition Storage Act 2003, Federal Law Gazette I No. 9/2003, the organs and agents of the persons or agencies referred to in § 1 par. 1 fig. 1, 3 and 4 and par. 2 of the Property Division Act, Federal Law Gazette No. 3/1930, shall be authorized, in order to carry out their surveying work, to
- to enter and, as far as the management conditions allow, to drive on any plot of land with the exception of the buildings erected on it,
- remove individual trees, shrubs and other plants obstructing the surveying work to the extent necessary, and
3. place all necessary survey signs temporarily and boundary signs.
(Basis VermG §43 Abs.1)
Of course, despite all prudence, a conflict may arise between owners over the common boundary line. In such cases, the IKV can act as a mediator. To support this role and to objectify the discussion, the extensive know-how of AVT and its staff in the preparation of a wide variety of "evidence", such as private photographs, helps to provide any expert opinions that may be required.
If a boundary dispute is brought before the court, the judge (in consultation with the plaintiff and the defendant) may of his own accord commission an expert opinion on boundary determination. For this case, AVT offers three generally sworn and court-certified experts in the field of surveying: Dipl.-Ing. Peter Trefalt, Dipl.-Ing. Engelbert Siegele and Dipl.-Ing. Roman Markowski.
They are also registered in the list of experts available at the court. In addition to their personal expert knowledge, these IKVs also have the entire extensive spectrum of AVT at their disposal as SVs, for example the evaluation of historical image material. This can definitely speed up border dispute proceedings in court.
At the conclusion of legal proceedings, the courts are required to notify the surveyor's office of decisions regarding established property boundaries.
Traffic routes and hydraulic engineering facilities (state and municipalities)
Beginning with the preparation of the basis for the redemption negotiations and ending with the final survey for the restoration of the land register order, AVT is able to carry out all work in a timely manner.
What do you need for planning?
For the realization of a building project, it is necessary to obtain basic planning data (property data, height data, ...).
In addition to the collection of all land-related information (cadastre, land register, pipelines, ...), the surveyor's tasks include an exact survey of the natural state. In consultation with the project designer, the existing and situational objects as well as the course of the terrain over the area of the planned construction project are recorded.
The recording is carried out with state-of-the-art measuring equipment. Depending on the task, a combination of total station, GPS and laser scanner is used.
What regulations must be observed during construction?
In Austria, the building code is a state matter, so our main focus is on the Tyrolean Building Code (TBO).
A site plan in accordance with §31 (2) TBO must be submitted by the surveyor with the building application. It serves to secure the rights of the neighboring owners and is an essential document for the authorities. Important contents are the cadastral boundaries, existing buildings, new buildings and additions, demolition, height information, and the boundary distances. For the calculation of the required border distances, the exact knowledge of the border course and the height conditions (natural level survey) is necessary.
To ensure compliance with the approved project, the TBO provides for a control survey after completion of the floor slab, because at this point corrections are possible at comparatively lower cost. The sectional framework according to §38 (2) is staked out by the surveyor and marks the exact position of the building lines. The confirmation of the correct location is issued by us and submitted to the municipality.
The height check in accordance with §38 (3) is to be carried out by the surveyor after completion of the uppermost brick course and before the roof structure is set up. This confirmation is also submitted to the municipality.
During the facade survey, individual points are recorded and a high-resolution photo or measurement image is created in a previously defined scale for each required building front. This data is used, for example, to document historical buildings or as a basis for planning conversion measures.
During construction, the determination of the volume of the excavation pit or the moving masses by the surveyor as a neutral institution provides clear settlement quantities and costs. The use of forward-looking technologies such as terrestrial laser scanning enables greater accuracy in volume determination through the highest level of detail. The results are delivered much faster and the obstructions on the construction site are reduced.
Light and shadow
Analysis of your plot with the Suntimer
A suntimer measurement describes the site-related course of the sun's path with marking of the seasons and times of day and under consideration of the local conditions. The sun's path is incorporated into a panoramic photo taken on site. This makes the actual illumination, but also the shading, for example by nearby trees or neighboring buildings, visible.
With this planning basis, the location and orientation of buildings and solar systems (thermal, electrical) can be optimized. Of course, this plan is also suitable for deciding where to place the terrace to enjoy the evening there relaxing and taking advantage of the last rays of the sun.
Measurement in sport
For many years, we have been supporting various international athletics championships by means of electronic distance measurement in disciplines such as javelin throw or discus. This much faster and more elegant method of measuring distances, in contrast to the time-honored tape measure, enables the disciplines to be run more quickly and without any problems.
Your important companion
The IKV is also your important companion when it comes to building regulations. It ensures legal certainty before, during and after construction and helps you comply with the building code. In addition to the boundary survey, the most important steps are the site survey in position and height for planning, the staking out of building axes and sectional scaffolds, as well as legally required position and height checks in various construction stages.
Further information can also be found at www.meingrundstueck.at.