Arbitration board

In the event of disagreements in matters of tenancy law or the common good, the neutral arbitration board in Innsbruck can help to resolve the conflict.

This page was translated automatically. The City of Innsbruck assumes no responsibility for the accuracy of the translation.
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Who can contact the arbitration board?

You can contact the Innsbruck arbitration board if you are in a tenancy agreement. Examples

  • You are a landlord and want to settle a dispute with a tenant.
  • You are a tenant and want to settle a dispute with your landlord.

It is irrelevant whether there is a written or only a verbal tenancy agreement. As soon as you have a tenancy agreement, there is always a contract.

If the dispute is between two tenants or between two owners, the conciliation board is not competent.

You can also contact the arbitration board if you want to redetermine the usable values (condominium shares).

Areas of responsibility

Basically, the conciliation board deals with issues relating to tenants' and landlords' rights.

The conciliation body is not a general advisory body - this means that you must submit an application if you wish to refer a matter to the conciliation body. Information on the respective applications can be found here:

Tenancy Act (MRG)

In accordance with § 37 Para. 1 Z 1 - 14 MRG, you can submit an application to the conciliation body for:

  • Recognition as the main tenant.
  • Carrying out maintenance or improvement work.
  • Enforcement of the obligation to offer.
  • Enforcement of the right to restoration.
  • Tolerance of interventions in the tenancy right to carry out maintenance, improvement, alteration and construction work, including the right to appropriate compensation.
  • Alteration (improvement) of the leased property and determination of the amount and reimbursement of expenses on an apartment.
  • Apartment exchange.
  • Reasonableness of the agreed or requested main rent, subletting and offsetting of services against the main rent. You can find more information on this in the rent review information sheet.
  • Breakdown of a flat-rate rent.
  • Amount of the recoverable deposit. You can find more information on this in the information sheet Deposit.
  • Breakdown of the total costs and share of a rental object in the total costs.
  • Increase in the main rent and amount and allocation of the costs of building work.
  • Presentation of accounts, presentation and copy of the energy certificate.
  • Operating costs and ongoing public charges, administrative expenses, expenses for property management, special expenses. You can find more information on this in the information sheet on the calculation and review of operating costs.
  • Charges for furnishings and other services rented with the property.
  • Appropriateness of the maintenance and improvement charge and repayment and notification of maintenance and improvement work.
  • Repayment of prohibited services and charges.

Heating and Cooling Cost Accounting Act (HeizKG)

In accordance with § 25 Para. 1 Z 1 - 10 HeizKG , you can submit an application to the arbitration board for:

  • Determination of the existence of a predominant influence on energy consumption as a prerequisite for consumption-based apportionment.
  • Allocation of the total supply costs to the individual properties.
  • Determination of the consumption-independent apportionment of energy costs due to the unsuitability or inefficiency of metering.
  • Enforcement of the right to be equipped with devices for recording (measuring) the consumption shares and the necessary toleration obligations.
  • Preservation, maintenance, operation and adaptation in the sense of adjustment of the common supply system.
  • Separation of heating and hot water costs.
  • Tolerance of the recording (measurement) of the consumption shares as well as the determination of the usable floor space to be supplied.
  • Preparation of the bill.
  • Enforcement of the right to interim determination of the consumption shares.
  • Changing the allocation key used before January 1, 1993.

Please also note the Heating Costs Application Ordinance.

Non-Profit Housing Act (WGG)

In accordance with § 22 Para. 1 Z 1 - 14 WGG, you can submit an application to the conciliation body for:

  • Carrying out maintenance and improvement work.
  • Enforcement of the right to restoration.
  • Determination of the price.
  • Tolerance of interventions in the tenancy or other usage relationship in order to carry out maintenance, improvement and alteration work, including the right to appropriate compensation.
  • Alteration (improvement) of the apartment or business premises provided for use against payment and reimbursement of expenses for an apartment.
  • Exchange of accommodation.
  • Review of the appropriateness of the agreed or requested price and compensation.
  • Assertion of obvious inappropriateness of the fixed price.
  • Determination or redetermination of the value in use.
  • Assertion of the obvious inappropriateness of interest rate agreements.
  • Allocation of operating costs.
  • Increase in maintenance and improvement contributions.
  • Preparation of the accounts.
  • Review of the share of operating costs and current charges, administrative expenses, expenses for property management and special expenses.
  • Correction of the maintenance and improvement contribution and repayment
  • Determination of the cover amount.
  • Amount of the amount to be repaid (paid to finance the building project in addition to the fee).
  • Determination of the (difference) amount permissibly requested or paid
  • Repayment of services and fees based on invalid and prohibited agreements.
  • Preparation of the final statement of production costs.
  • Determination of the amount of the recoverable deposit.

Condominium Act 2002 (WEG 2002)

Pursuant to §§ 52 Para. 1 in conjunction with 9 Para. 2 and Para. 2 Z 1 - 5 WEG 2002, you can submit an application to the conciliation board for a redetermination of the usable values. You can find more information on this in the Checklist of the Condominium Act.

If you have any questions about submitting an application and the procedure, please do not hesitate to contact us in person, by telephone or by e-mail.

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How does the procedure before the Innsbruck conciliation body work?

  1. You submit a written application to the Innsbruck conciliation board.
    • The application is free of charge and does not have to be in any particular form.
    • However, there are some minimum requirements. The following information must be provided:
      • Name and Adresse of the applicant
      • Name and Adresse of the respondent
      • residential property concerned
      • Subject of the application, for example "Refund of the deposit".
    • If the Innsbruck conciliation office is responsible for your request, the clerks will explain the procedure to you and tell you which other documents are required for the application.
  2. The Innsbruck conciliation office is obliged to investigate the facts of the case (official procedure).
  3. The Innsbruck conciliation office will send the application to the defendant. This starts the proceedings.
  4. If necessary, the Innsbruck conciliation board will schedule an oral hearing with all parties involved.
  5. The Innsbruck conciliation board collects further evidence, hears witnesses, possibly carries out a site inspection, etc. All parties have a duty to cooperate.
  6. The hearing is often used to conduct settlement talks. If the parties agree on a settlement, this is recorded in the minutes. The proceedings are then concluded.
  7. If there is no settlement, the proceedings end with a decision after the investigations. Either party can appeal against the decision to the district court within four weeks of notification. If this is done, the decision of the Innsbruck conciliation board becomes invalid.
  8. If no appeal is made to the district court, the decision of the Innsbruck conciliation board is legally binding and enforceable.
  9. If the proceedings at the Innsbruck conciliation board are not concluded within drei months, either party may appeal directly to the district court. In such a case, the conciliation board shall discontinue the proceedings.

Are there any costs if I contact the Innsbruck conciliation body?

  • The application to the Innsbruck Conciliation Board is free of charge.
  • If one of the parties is represented, for example by a lawyer, these costs are borne by the party itself. There is also no reimbursement of costs, as the cost reimbursement regulations of the Non-Contentious Proceedings Act (§ 78 AußStrG) do not apply to the proceedings of an arbitration board.
  • If a court is called upon, the parties shall bear the costs of representation by lawyers, notaries or interest representatives (§ 37 Para. 3 No. 17).

Which side is the Innsbruck conciliation body on?

The Innsbruck Arbitration Board is not a representative of the interests of tenants, landlords or apartment owners. It is a neutral body with a legal mandate. The first step is to try to settle the dispute with a settlement. If this is not possible, the Innsbruck conciliation board makes a decision and is authorized to issue a decision (see procedure).

Data protection information in accordance with Art. 13 GDPR

Please note that we process the personal data you provide exclusively for the purpose of carrying out a procedure in the Service Unit Arbitration board

The legal basis for the processing of your personal data: Tenancy Act and Commonhold Housing Act. The personal data will be forwarded to the following Dritte: Respondent and, if applicable, their legal representative. The personal data will be deleted after 30 years following the conclusion of the proceedings. The provision of personal data is necessary for the proceedings. If it is not provided, the proceedings cannot be carried out.

In accordance with the provisions of the General Data Protection Regulation (GDPR), all persons have the right to information, rectification, erasure, restriction of processing, data portability and the right to object where consent has been given. There is no automated decision-making, including profiling. You can exercise these rights in writing and with proof of identity via datenschutz@innsbruck.gv.at. The provision of personal data is required by law in order to exercise your rights as a data subject. You can find more information online at www.innsbruck.gv.at. Finally, you have the right to lodge a complaint with the Austrian data protection authority(dsb@dsb.gv.at, www.dsb.gv.at).

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Arbitration board

Opening hours

Monday through Friday:
8.00-12.00 and by appointment

Wednesday:
14.00-15.30