Seveso facilities are industrial plants that work with hazardous substances whose release into the environment could have serious effects on people and nature. For this reason, special safety and monitoring requirements apply to these facilities, which can pose major challenges for developers in particular when implementing real estate projects. Targeted and reliable legal advice is therefore essential.
Services and offerings for urban development
Special expertise in dealing with seveso facilities
An appropriate safety distance must be defined for each seveso facility, within which significant risks to the safety and health of people and the environment cannot be ruled out in the event of a serious accident. This appropriate safety distance must be indicated in the zoning plan of the respective federal province and must not contradict the local development concept;
Building projects within this appropriate safety distance are not permitted. per se excluded. Rather, these are only permitted if the consequences of a serious accident at the seveso facilities are not significantly increased by the construction project or, at best, can be averted by suitable measures. Expert opinions are required to prove this, but building applicants need specific information on the seveso facilities and their hazards in order to prepare them. This is particularly problematic if the operator of the seveso facility does not wish to disclose this information. Our experience has shown that there are nevertheless legal options for gaining access to this information and ultimately obtaining a building permit.
Competence in dealing with the public concerned
The involvement of the public and their participation in decisions that have an impact on the environment is firmly anchored in Austrian law, particularly in the environmental sector. Following this pattern, not only the adjacent neighbors are involved in construction projects in connection with seveso facilities, but a much broader group of people. This means that not only individuals but also citizens' initiatives can participate in the procedure and even initiate a review procedure of the building permit decision. This broad circle of stakeholders requires not only legal expertise, but also the right procedural tactics and the necessary tact and sensitivity.
GIBEL ZIRM attorneys at law support project developers in all areas of successful urban development, in particular in dealing with the special regulations on seveso facilities.
