Greenpeace warns: legalization of black buildings at risk of Upper Austria!

Greenpeace warns: legalization of black buildings at risk of Upper Austria!

On May 16, 2025, Greenpeace warns of the far -reaching consequences of a current legal opinion on illegal black buildings in Upper Austria. According to the organization, the expert opinion illuminates opportunities for subsequent legalization of such buildings that are already a major problem in the region. In particular, there is fear that these developments could lead to an expansion of building land, which could not only have negative effects on the environment, but also on the climate and quality of life of the population. ÖVP State Council Achleitner is therefore asked to take measures against the already high soil consumption in Upper Austria. Melanie Ebner, soil protection expert at Greenpeace, expresses her concerns in this context that the legalization of black buildings could be characterized as pretext for strategic expansion policy.

The problem of soil consumption in Upper Austria is not new. A report by the State Audit Office from May 2023 identified 100 suspected cases of black buildings in 77 municipalities. The Court of Auditors recommended that these suspected cases systematically process them and to take preventive measures in the future. Despite the warnings, the state government opened the door for additional building land dedications in December 2024.

The dangers of black construction

Black construction denotes the illegal construction or structural changes without the required building permit, which can result in legal consequences. This includes dismantling orders to restore the original state and fines, which can be up to 50,000 euros, whereby they can be significantly higher when repeated. According to an analysis, the current developments in the real estate market show signs of relaxation, with builders and home buyers become more active. Nevertheless, there are material costs and a lack of craftsmen behind the increase in black buildings, which often appear easier and cheaper than the construction according to legal requirements.

Examples of black construction include converted terraces to winter gardens, apartments in garages or expanded attics. Critics warn that illegal conversions can reduce the property value and that buyers should check in advance whether additions were properly approved. The fact that existing protection does not apply to unauthorized buildings increase the legal risks for affected owners.

soil consumption and use of space in Upper Austria

The discussion about soil consumption is particularly relevant because Upper Austria has had a high increase in population in recent years. On April 1, over 9 million people lived in Austria, and forecasts assume that this number could continue to increase by 2050. Changing the population combines challenges in the area of ​​living space and infrastructure. Numerous construction projects are currently being created that create highly qualified jobs, but these often move at the expense of the available areas.

Area of ​​space plans that have to be approved by the local council and approved by the state government need a factual justification in accordance with the spatial order laws. The interest in legalizing black buildings could not only lead to new construction projects, but also put existing plans to the test. Experts such as experts and architects are required to create the necessary framework for responsible use of space.

In this debate, the topics of nature conservation, biodiversity and the preservation of agricultural areas are also important. Both the need for living space and the protection of the environment are in a tension that requires a transparent and fair solution.