Replacing and repairing windows is not only a question of comfort, but also of sustainability. We have researched what is important when replacing windows for you.
High heating costs, draughts – this is when the repair or even replacement of windows becomes an issue. Especially if the existing windows are more than 20 to 25 years old, you should think about replacing them with new ones. This is because they are not only functional, but also help to reduce energy losses and save on heating costs. However, the project is quite complex, and not just from a legal point of view.
Who is responsible forüWho is responsible for replacing the windows and who pays?
“If the windows are box-type windows, the landlord is responsible for the exterior windows – which means he also has to pay for them,” says real estate lawyer Valentina Philadelphy-Steiner. The tenant, on the other hand, is responsible for the interior windows as part of the rental property, unless there is serious damage to the building. “If a composite window, which is a single unit and is therefore legally classified as an outer skin, is broken, the landlord is usually solely responsible for the costs of repair or replacement,” says Philadelphy-Steiner.
What does this mean in this case? “broken“?
According to the lawyer, the “dynamic concept of maintenance” has emerged in case law. “This means you have to look at whether a repair is possible or whether renovation is covered by the landlord’s maintenance obligation. Furthermore, the costs for both must be compared and the overall condition of the building must also be taken into account,” explains Philadelphy-Steiner.
Can tenants demand a window replacement?
“The right to a window replacement only exists if the inefficiency of a repair can be proven and the replacement of the windows is more justifiable than mere maintenance,” says the real estate law expert. The view that the windows no longer correspond to the current state of the art, on the other hand, would not justify replacing the windows. “But this is a case-by-case decision,” says Philadelphy-Steiner.
What about replacing windows in condominiums?
In condominiums, the community of owners is generally obliged to maintain the windows. However, condominium agreements regularly stipulate that the individual condominium owners are legally and financially responsible for their windows. They must then endeavor to ensure a uniform appearance of the building – a corresponding clause may be included in the condominium agreement. As the exterior windows, like the façade, are part of the general parts of the building, all owners must agree to the replacement of the windows. Furthermore, various other regulations from the building regulations or the cityscape must also be observed.
Is a window replacement subject to notification or approval?
Each of the nine federal states has its own building regulations, as well as building regulations in the individual municipalities. To be on the safe side, you should always find out in advance about the current building laws and regulations in your federal state and municipality. In Vienna, for example, only the replacement or exchange of windows in buildings in protected zones and in buildings constructed before January 1, 1945 must be submitted to the building police as a building notification.
How much does it cost to replace windows?
The cost of new windows depends on various factors: In addition to the type of window, these include its size, design, material, glazing and the installation situation. It would therefore be unreliable to make a general statement about the costs involved.
Is window replacement subsidized in Austria?
In principle, yes. However, the funds for the federal government’s renovation bonus have been exhausted and it is not yet clear what will happen in the future. A new registration or application is therefore not possible at present. However, there is still the possibility of funding at federal state level. The klimaaktiv funding database(https://www.klimaaktiv.at/foerderungen) provides an overview of currently available funding in the areas of energy, mobility and climate in Austria. Furthermore, the renovation of windows may be tax-deductible and additional costs, such as for painting after window replacement, can be subsidized by the craftsman bonus.
Will the façade be damaged when windows are replaced?
Under certain circumstances, reveals or plaster may be damaged when removing the old windows. As a rule, this damage is repaired by the company carrying out the work.
Who is responsible for repairing windows?
The following also applies here: the landlord is responsible for repairing the outside of box-type windows and those of composite windows, while the tenant is responsible for repairing the inside of the box-type windows.
What can I do as a tenant if a broken window is not repaired?
“If the landlord does not comply with his maintenance obligation, the tenant can enforce the necessary repair or renewal within the scope of the Tenancy Act via an out-of-court procedure at the arbitration board or the district court,” says Philadelphy-Steiner. Under no circumstances should you have the external or composite window repaired on your own initiative – and without informing the landlord.
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