LECTURES, PROJECTS AND PUBLICATIONS:
CJEU Protect Case C-664/15 and its impact on Austrian Spatial Planning Law, Lecture with ÖGR – Austrian Society for Spatial Planning, Vienna
Communication Lawyer-Authority, Lecture within the biannual meeting of the scientific staff of the Austrian Constitutional Court, Admont
Property and Property Related Rights; Financing of Real Estate Developments, Lecture with vdB Pfandbrief Academy, Berlin
Riegler/Koizar, Commentary to the Construction and Spatial Planning Law of Lower Austria, 3rd Ed, Manz Publishing Company
Trade Licence Real Estate Developer
Riegler/Steinbauer, Building Code Regulations for Vienna, practical commentary, 3rd Ed, Pedell Publishing Company
Riegler, Municipal Reforms and the Principle of Equality, jusportal.at
Building permit and BTVG – Lecture at the annual meeting of developers, ARS
Riegler, Subsequent change in EIA acceptance test, the Administrative Court granted party hearing, RDU 2013 216 (PDF download)
Riegler, Glosse to Administrative Court from 19.6.2013, V 2/2013 (Regional Policy Lower Austria), bbl 2013, 242 (PDF-Download)
2013 – 2015
Lead Consultant in the project Strengthening Municipal Land Management in Serbia, Legal and Administrative Framework on Agricultural land on behalf of giz, AMBERO and the EU
The building permit process in Vienna, Seminar Linde Verlag, Vienna
Study within the framework of the project ‘Land Management Serbia’, notation symbol regulations and use regulation for the municipal land use plans in Serbia (zoning categories) in collaboration with the Vienna University of Technology (VUT) and AMBERO
Riegler, Windparks – Spatial Planning, RdU 2011, 234 (PDF-Download)
Liehr/Riegler, Commentary to the Construction and Spatial Planning Law of Lower Austria, 2. Ed., Manz Publishing Company
Riegler, Building Code Regulations for Vienna, 2nd Edition, Pro Libiris
2010 – 2012
Team Leader Institutional & Legal Affairs in the Project Consultancy Services for the preparation of the Oman National Spatial Strategy – ONSS – National planning strategy for the Sultanate of Oman
Riegler, The Environmental Senate limits the EIA detailed approval process, RDU 2009 139 (PDF-Download)
Riegler, The ex officio examination of zoning plans by the Constitutional Court, FS Zehetner 2009 New Scientific publishing company
Riegler, Building Code Regulations for Vienna, practical commentary, Pro Libiris
On behalf of the Austrian Development Agency (ADA) and in collaboration with the Center of Legal Competence (CLC) – Compilation draft of a Serbian Building Act in Belgrade
Liehr/Riegler/Kanonier, Spatial Planning Law (2nd Edition)
Liehr/Riegler, Construction Law, Text format from publisher Österreich (2nd Edition)
2001 – 2002
European Community Law (Robert Schuman Institute), Vienna
Liehr/Riegler, Commentary to the Construction and Spatial Planning Law of Lower Austria, Manz publishing company
Liehr/Riegler/Kanonier, Spatial Planning Law
European Community Law (Tempus/Tacis) Kiev, Vienna and Bratislava/Zvolen
The control of the land use plans by the Constitutional Court, Castle Hofen Vorarlberg
Riegler, a European real estate contract? Monograph, Legal series of publications No. 136, published by Österreich
Raschauer/Bruckmüller/Gutknecht/Hysek/Liehr/Reitstätter/Riegler/Sperlich, Unification of Construction Law in Austria, FGW-publication series Nr 133
Liehr/Riegler, Construction Law, Text format published by Österreich
1998 – 1999
Current judicature of the Constitutional Court, Provincial Government of Lower Austria
Dr. Riegler specializes on the following areas of expertise:
While residential space is getting denser, the public-law procedure to obtain construction permits is becoming increasingly important. On the one hand, a developer wants to take advantage of the greatest possible dimensions allowed by the zoning regulations while, on the other hand, neighbours are interested in safeguarding their current residential quality. Frequently, only legal intervention during which the principles of regional planning are reviewed can achieve satisfactory results. Our law firm’s main endeavour is to assist you in achieving these solutions.
The approval of major as well as smaller engineering projects (e.g. motorways, construction projects, national roads, landfills, shopping centres, railway tracks, football stadiums, commercial businesses, high-speed tracks, industrial plants, ski-lifts, underground car parks, wind generators) under public law inevitably entails conflicts of interests. Permanent contact with public authorities, courts and experts is therefore of crucial importance. In this area, we can rely on many years of experience.
The law of tendering has gained on central importance in public commercial law. The award of public contracts, especially in major projects, is simultaneously driven by commercial considerations and political decisions. Legal assistance is therefore required already when the invitation to tender is issued. We will be happy to conduct subsequent review proceedings and demand damage compensation for unsuccessful bidders. We have considerable experience in this practice area.
Regional Planning Law
Jurisdiction for regional development is highly fragmented in Austria. Hence, planning involves contradictions that are frequently only resolved at the expense of property owners and neighbours. Yet, land development plans and other regional planning regulations may be challenged after all. Ultimately the supreme constitutional court is called upon to test the conformity of such regulations with legislation and constitutional law. We can handle such issue based on many years of experience.
Administrative Law and Administrative Proceedings
Indeed in all administrative fields, the enforcement of subjective rights may depend on choosing the right procedural steps. Therefore, we recommend that you retain a legal advisor already at the outset of an administrative case. One of our main functions is to represent our clients before all public authorities, in environmental impact assessment cases and in proceedings before the administrative court.
Environmental Impact Assessment Law
Regulations on environmental impact assessment are largely determined by Community law. This entails constant changes in legal conditions through amendments or the incorporation of relevant court decisions. Dealing with issues created by the Environmental Impact Assessment Act of 2000 is indispensable with major and particularly infrastructure projects. We will be happy to advise you.
Demographic trends require us all to work longer. Reforms of the pension and social security system are therefore on the agenda. In this context, justly acquired rights are frequently curtailed and legal situations you have relied upon for years are changed on short notice. In these cases, there are frequently no transition regulations, particularly in case of hardship. Besides government pension commitments, the same applies to charitable organizations of the free professions. We will be happy to advise you on your pension claims.
The law governing free professions such as physicians, attorneys, pharmacists or architects is characterised by obligatory membership in professional chambers in Austria. In the context of harmonizing legislation with the law of the European Union there is a need for legal counselling; besides the services provided by professional representative bodies.
The authorization procedure for new public pharmacies in connection with the prerequisites of the requirement assessment procedure laid down in the Pharmacy Act is subject to constant change, and not just in relation to physicians with in-house pharmacies, thanks to the established case law of higher courts. We offer extensive legal assistance in all cases involving pharmacy law.
Community law regulations have extensively modified the Austrian legal system in recent years. An ever increasing number of factual conditions have to be reviewed as to whether they are compatible with European law. We assist in preliminary ruling cases as well as in all proceedings before the ECJ and the Court of First Instance, the Council of the European Union and the Commission of the European Communities.
Constitutional Law and the Protection of Constitutional Rights
Constitutionally guaranteed rights are an essential component of our federal constitution. These rights can be violated in connection with their implementation as well as in legislation. The enforcement of such rights very frequently depends on meeting formal prerequisites. We will be happy to assist you in legislative review proceedings, appeals on decisions to the constitutional court, individual motions and optional challenges as well as in proceedings before the European Court of Human Rights in Strasbourg.
Real Estate and Property Law
This complex legal field that involves many form requirements and peculiarities in legal implementation requires conscientious counselling. Since costly assets are regularly also being moved, detailed advice is necessary so you can minimize potential major risks in these transactions. Whether you wish to buy or sell an undeveloped tract of land, a one-family house, a modern or older apartment or even an entire bloc of rental flats, we offer you hazard-free execution of your transaction using our modern office equipment (in-house calculation of real estate purchase tax, computerized land register enquiries) as well as safeguarding of funds held in trust thanks to our electronic attorneys’ trust account ledger. The latter ensures that control can only be exercised after clearance has been granted by the Vienna Bar Association. More information in German about the attorneys’ trust account ledger can be found at the Bar Association’s website at www.rakwien.at – Serviceeinrichtungen/Elektronisches Anwaltliches Treuhandbuch.
Property Developer Law
The development of commercial and residential property requires property developers to show a high degree of liquidity. Only with a forward-looking contract structure may such deals be carried out responsibly; in this context, particular focus will be placed on the required securities to be provided to the buyers. We will be happy to advise you comprehensively, from the purchase of the property to comparative price-setting and rebuilding up to and including delivery.
Construction Law Suits
Who has actually commissioned a construction service? Which (sub)contractor has actually rendered the service and who is ultimately (including in case of insolvency) responsible for damages and defects? Setting up a construction project very frequently entails disputes. Should an out-of-court settlement not be attainable, we have many years of experience in this area.
Whether you want to sign a lease, a real estate property contract, a partnership agreement, a last will and testament or a prenuptial property agreement, we will advise you in advance on the various different options and will work together with you to produce a contract tailored to your needs.