National procedural frameworks

Spatial planning law

The spatial planning law is a law belonging to the federal state. This means there are 9 different laws for spatial planning in Austria.
Nevertheless all these 9 laws regulate more or less the same. 
The spatial planning law defines areas for different purposes. Usually waste heat utilization units are situated in a building. As soon as a building is needed the spatial law comes into force because buildings are only allowed to build within the foreseen building areas.

Link spatial planning law Burgenland:

Building law and building regulation

Also the building law and the building regulation is a federal state law which means that there are also 9 different building laws and regulations in Austria.
The building law regulates the requirements, the procedure for applying for a building permission as well as the implementation and inspection of buildings. Furthermore the building authorities and the building regulations are defined.

According to the building law the building regulation describes technical requirements concerning following fields:

  • Common technical requirements
  • Mechanical solidity and stability
  • Fire protection
  • Hygiene, healthiness and environmental protection
  • User safety and accessibility
  • Noise protection
  • Energy saving and heat insulation
  • Guidelines and exceptions
  • Special provisions

Link building law Burgenland:

Link building regulation Burgenland:

Emission protection law

Actually, the emission protection law regulates all issues concerning the emissions from steam generators, gas turbines, gas engines and all plants that are technically combined with them. 
Furthermore also waste heat utilization plants of certain sizes are mentioned within this law.

The law consists of following main parts:

    • Common requirements
    • Emissions and immissions (incl. emission limits)
    • Permission of plants
    • Controlling
    • Duties of the operator
    • Requirements according to other national laws
    • Adaptation to best available technologies

Link emission protection law:

Trade, commerce and industry regulation act

This law regulates all issues concerning the exercise of a trade, commerce or industrial company.
So if the waste heat utilisation unit is operated in a commercial way (to earn money with it) the trade, commerce and industry regulation act comes into force. If the waste heat utilization plant is operated only for private purposes this law don’t needs to be considered.

The trade, commerce and industry regulation act contains following main chapters:

  • Field of application
  • Classification of trades
  • Common requirements for exercising a trade
  • Special requirements for exercising a trade (certificate of competence)
  • Charitableness of requirements for exercising trades
  • Range of trade authorization
  • Exercising of trades
  • Industrial installations
  • End and resting of trade authorizations
  • Regulations for single trades
  • Regulized trades
  • Free trades
  • Markets
  • Authorities and procedures
  • Special procedures

Link trade, commerce and industry regulation act:

Heat and cooling network development law

Aim of this law is to use the existing energy and CO2 reducing potential whereas the security of supply, a balanced enery mix and a reduction of the use of primary energy should be considered.

Based on an investment subsidy following aspects should be considered:

  • Cost effective CO2 reduction
  • Increase of energy efficiency
  • The building of cooling networks should reduce the increase of electricity use for air conditioning
  • Reduce emissions
  • Cost efficient use of existing heat and waste heat potentials (especially industrial)
  • Use of renewable energy sources for development of regional heat supply in rural areas
  • Accelerate development of district heating systems in congested urban areas

Within this law all aspects concerning subsidy requirements, kind of subsidies, sources for the subsidies, administration of the subsidies as well as the subsidy contract are considered.

Link heat and cooling network development law:

Cogeneration law

The cogeneration law is an Austrian wide law and regulates mainly the subsidy of cogeneration plants. Aim of this law is to foster the building of new or reconstruction of existing high efficient cogenerarion plants in order to produce electricity and heat in a resource saving way.
According to this aim the law says that cogeneration plants get an investment subsidy as far as they don’t get other national subsidies. For different plants with different power ratings the subsidy amount is defined within the law.
Furthermore it is also defined that end users have to pay a cogeneration amount which is different for the different network levels.

Link cogeneration law:

Law for district heating subsidies

This law describes that subsidies can be provided for the development of district heating projects. These subsidies also can be provided for waste heat utilization plants.

The law for district heating subsidies considers following aspects:

  • Scope of application
  • Subsidy for district heating production plants (incl. waste heat plants)
  • Subsidy for district heating networks (incl. waste heat)
  • Basics of the subsidy
  • Kind of the subsidy
  • Subsidy for the development of concepts and studies (waste heat cadastre)
  • Handling of subsidies

Link district heating subsidies law:

Environmental permits