What May Be Stored in a typical Garage in Vienna?

Author

Mark Krenn, Partner

 

The following scenario is representative of many similar cases in Vienna: An underground garage in a residential building features several parking spaces and more than fifty square meters of usable space. Along the parking spots, either open shelves or lockable steel cabinets are installed. These are used to permanently store tools, sports equipment, children’s toys, or board games – typical household items that are not used daily but should remain easily accessible.

While this setup seems unremarkable at first glance, it raises important legal questions: Is such storage allowed in a garage in Vienna? And which legal provisions apply?

The Vienna Garage Act 2008 primarily regulates the parking of vehicles, meaning the long-term placement of operational vehicles off public roads. Of particular interest is Section 19, which – until amended by the Building Code Amendment of 2023 – explicitly prohibited certain types of storage, especially flammable materials such as wood or flammable liquids.

This provision was repealed without replacement on December 14, 2023. Although the explanatory notes still state that garages should be used exclusively for vehicle parking, this interpretation is not supported by the legal text itself. In public law, the principle of legality applies: what is not explicitly prohibited is permitted.

In plain terms, since the amendment, the Vienna Garage Act no longer contains an explicit ban on storage. The decisive factor is that the garage’s primary use – parking a vehicle – must not be made impossible by additional storage. If that use is preserved, there is no change of designation under the Vienna Building Code, and therefore, no structural violation. A building authority order to remove stored items would be unlawful in such cases.

However, things are not entirely without restrictions. The storage of certain items may still be limited by other regulations – most notably the Vienna Fire Protection Act 2015 and its accompanying ordinance.

This is where so-called "flammable materials" come into play. These include paper, textiles, car tires, furniture, cardboard boxes, or flammable liquids like gasoline or alcohol. The law requires that such substances be stored in a way that avoids foreseeable fire hazards and does not obstruct firefighting.

An interesting reference point is the regulation for attics: There, storing paper and textiles in fully enclosed, non-combustible containers – such as metal lockers or steel cabinets – is explicitly allowed, as these are not deemed to pose a fire risk. This logic can be applied to garages, which typically consist of non-combustible building materials, unlike wooden attic structures.

Legally, this leads to a clear conclusion: Storing typical household items in lockable, non-combustible cabinets in a garage is permissible – even if those items are technically considered flammable. When using open shelving, such items should be additionally contained in enclosed, fire-resistant boxes or cabinets. If the ability to park a car is maintained, such use is legally unobjectionable.

Bottom line: Neither the Vienna Garage Act nor the Fire Protection Act imposes a blanket ban on storing items in garages. Anyone who stores typical household items in a lockable steel cabinet and ensures space remains for a vehicle is on solid legal ground.