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KI-Symbolbild: Ein Wohnungsgang mit einer offenen, mit Staubschutzplane verhängten Nachbartür und einer geschlossenen Wohnungstür mit Fußmatte.
Decision aid Letting Austria

Work in the neighbouring flat affects an ongoing tenancy: prepare permissibility, mitigation and compensation

A neighbouring project does not turn the continuously rented flat into freely available construction space. Examine intervention, alternatives and resident burden together.

Automatically translated – the German version is legally binding. Show original (German)

Published
19 Oct 2026
Research as of
17 Oct 2026
Applies to
Austria
For whom
Owners & landlords
Article ID
WX26-P03-0015

Renovation work is to be carried out in a neighbouring flat. The proposed solution would require work in an already occupied rental flat. The contractor would have an available appointment, but that does not settle the use of the other flat. For the letting, the task begins before scheduling the appointment: exactly what intervention is intended, which alternative exists and on what basis would the intervention be permissible?

Translate the technical request into a concrete picture of the intervention

Please supplement the planning with a clear description of the affected rooms, building components, activities and time periods. Will a change remain permanent? Will a room be temporarily unusable? What preparation and reinstatement are planned? A sentence such as briefly to the pipe is not sufficient when the actual scope is still open.

Have technical alternatives and the reasons for the chosen approach explained. The article does not judge routing of services. The documents should, however, enable a technical and legal review to discuss necessity and burden on the basis of the same project.

Determine the relevant interference offence

§ 8 MRG distinguishes entry for important reasons from temporary use and alteration under certain conditions. For alterations or improvements in another tenancy item, paragraph 2 number 2 requires, among other things, necessity, suitability and reasonableness in a fair balancing of interests. [EINGRIFF]

The rule is not reduced here to a general principle that every economically convenient neighbouring project must be tolerated. First the scope of application is clarified, then the concrete project. [RAHMEN] Repair of common parts and improvement of another flat can touch on different offences.

Record resident interests as a planning basis

Our editorial recommendation: Ask about the actually affected routines, such as use of a room, announced absence or necessary accessibility. Personal details are not collected without relevance to the task. What matters is which adjustment should be considered for the specific intervention.

§ 8 paragraph 3 requires that the tenancy right be spared as far as possible for works to be tolerated. For substantial impairments it provides for appropriate compensation and distinguishes according to the executing party. [EINGRIFF] Lawfulness, considerate execution and possible compensation must therefore be planned together, without pre-empting an amount.

Hypothetical case: The simplest approach burdens the other flat for longer

A proposed work schedule would occupy the corridor of a rented flat for several days. The plan describes this variant as particularly practical. The tenant points to the actual daily use and requests an explanation of an alternative.

The letting has both routes described technically and the legal intervention examined. Only then are scope and procedure coordinated. The mere availability of the first contractor is not treated as a sufficient reasonableness decision. The example does not decide any claim but shows the missing state of balancing.

Turn the review into a limited procedure

Once the basis is clarified, access, affected works, protection, reinstatement and feedback are specified. An existing key does not replace this clarification. Changes during planning must again be measured against the confirmed scope.

After completion, document actual duration, impacts and outstanding reinstatement. A cost or compensation issue will be addressed technically on the basis of the concrete situation. Your result is a comprehensible, limited intervention with a verified basis and consideration for the existing tenancy. This keeps the already occupied flat part of the planning and prevents it being perceived as an unexpected obstacle only after work has begun.

Sources and context

Created with the help of AI and editorially reviewed. General guidance only; not individual legal, tax or financial advice. Errors and later changes are possible.