Austria’s lake shores have undergone a remarkable transformation over the decades: from sour meadows, which were almost worthless for agriculture, to luxury building land with prices of up to 10,000 euros per square meter. As expensive as these plots are, according to the Austrian Water Law Act, the lake area in front of them belongs to all of us – free of charge. But what hardly anyone knows: According to this law, the shore areas that become free when the water level drops in summer also belong to the general public. Swimmers and water sports enthusiasts can spread out on them almost at will. And probably even in front of private luxury real estate. At least that’s what the ORF business magazine “Eco” shows in a “special” on Thursday evening at 10:30 p.m. on ORF 2.
As the Kleine Zeitung reported a few days ago, 25 new lake accesses have been created in Carinthia in the last seven years, but apart from these open spaces you can see signs such as “Entering prohibited”, “Private property” or “Swimming prohibited”. However, this is not entirely correct. Because it applies in the bank area of public waters of the large common use. But where does this public space end and where does private land begin? According to the Water Law Act, it is about the regular regular water level, for all areas that become free in summer due to the falling water level, the common use applies.
Of course, you cannot reach these shore areas by land, as you would actually have to enter private property, but what about by water, for example with a stand-up paddle (SUP)? “Legally, I would give the informed stand-up paddler a good chance if he goes ashore on the right shore and uses it there that is covered by common use,” says attorney Wolfram Proksch. “So if you spread out a bath towel there and sunbathe, that’s certainly covered.”
Gernot Strasser, Head of the Real Estate Tourism Water Department of the Austrian Federal Forests, which demands a lease from lake property owners, confirms this: “The shore area, which is regularly flooded by water, can be accessed as part of public use. You can recognize it by that that there is almost no or no vegetation there.” According to Strasser, the tenants know that the bank in this zone can be entered.
2023-08-17 06:00:41
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