Business premises

Under section 74(1) of the Austrian Trade, Commerce and Industry Regulation Act 1994 (GewO 1994), business premises means any locally fixed facility intended to serve a commercial activity on more than a merely temporary basis. In tourism or hospitality, the assessment may cover premises, machinery, equipment and technical installations, depending on the operation.

Under section 74(2) GewO 1994, a facility may be built or operated only with the authority's approval if its machinery, method of operation or equipment may endanger protected interests or cause nuisance to neighbours, for example through odour, noise, smoke, dust or vibration. Whether approval is required depends on the actual operation and its effects. The trade licence and the business premises approval must therefore be assessed separately.

The authorised operation, existing conditions and later changes are important for the assessment. The hospitality business topic places the trade-law questions in context. The hospitality business entry explains the related business setting.