Legal Foundations and Professional Regulations
Core concepts
Austrian building-services work sits at the intersection of trade law, contract law and technical regulation. Candidates must know the Gewerbeordnung (GewO) distinction between free trades and regulated trades, the Ausübungsregeln for the relevant trade, and the role of the Wirtschaftskammer. On the contract side, understand the ABGB rules on Werkvertrag (contract for work and materials), warranty (Gewährleistung, 2 years for movables), and the difference between Gewährleistung and Schadenersatz. Know that the ÖNORMEN cited in a contract become binding only by agreement, and that OIB-Richtlinien gain legal force through provincial building codes.
Traps
Questions often blur Gewährleistung (statutory, fault-independent, can be excluded) with Garantie (voluntary, contractual). Another trap is assuming an ÖNORM is automatically law - it is not unless referenced. Also watch for confusion between Arbeitnehmerhaftung limits and full contractor liability.
Worked example
A client claims a defect 30 months after handover of a movable installation. Rule of thumb: statutory Gewährleistung for movables is 2 years from delivery; the claim is time-barred unless a longer period was contractually agreed. Answer: reject on limitation grounds, but check whether a separate Garantie was promised in writing.
Professional conduct
Understand documentation duties, the obligation to quote correctly, and the prohibition on misleading advertising under the UWG.