BIM law and regulation in Austria

The use of BIM is not mandatory and, so far, not very common in Austria for smaller scale projects. This is also due to the fact that Austrian architectural offices are usually rather small and may find the high software acquisition costs for the use of BIM prohibitive. 

However, there are already standards for the technical implementation of BIM, namely ÖNORM A 6241-1 and A241-2, developed by the Austrian Standards Institute. Especially in large building projects BIM is already in use and thus especially relevant for the drafting of contracts.

The decision to use BIM is usually made by the Employer. Usually the ÖNORM A 6241 is agreed in the contract. The further details depend on the specific requirements of the project and the professionals involved.

The use of BIM requires a precise definition of the services and coordination of the different interfaces and levels of supply chain.

As mentioned in FAQ 1, there exist some technical standards for BIM, the ÖNORM A 6241-1 and A241-2.

ÖNORM A 6241 was published in 2015.

ÖNORM A 6241-1 (BIM Level 2) replaced the former ÖNORM A 6240-4 (Engineering drawings for building constructions) and has been extended in detailed and executive design stages and includes various definitions.

ÖNORM A 6241-2 (BIM Level 3) includes the requirements for BIM Level 3 (iBIM).

In Austria, so far there is no specific legal guideline but there is a technical standard for BIM, the ÖNORM A 6241-1 and A 6241-2.

The term “BIM-Protocol” is not very common in Austria and so far, no specific contract form exists.

There is no standard hierarchy of the BIM Protocol. However, especially in larger building projects, the hierarchical order of the documents is usually determined at the beginning of the contract. Generally, it is recommended that the BIM Protocol is ranked with high contractual priority.

In several projects the project manager (“Projektsteuerer”) acts as BIM Manager. From a general point of view, the Architect, the Contractor, the Employer or an external BIM Manager might also act as a BIM Manager.

So far, no specific insurance requirements or agreements exist in relation to the use of BIM.

Usually, a standard professional liability insurance (“Berufshaftpflichtversicherung”) and a construction insurance policy (“Bauwesensversicherung”) will be concluded. Generally, the BIM planning service is covered by the professional liability insurance.

In general, BIM does not change the liability for the different planners or Contractors.

BIM may lead in practice to less risk for the single Contractors due to its coordination and control functions.

For the planner, a precise definition of the scope of work and the existing interfaces is recommended in order to reduce possible legal risks. Further, liability caps for planners might be advisable.

The digital 3D building model may be protected under Austrian copyright law against an illegal reproduction, distribution or use provided that the model constitutes a personal intellectual creation (“geistige Schöpfung”). Moreover, provided that the prerequisites of Austrian copyright law are fulfilled, the model may also be protected as database work.

As access to digital building models might be easier, effective know how and user protection clauses will gain importance.

The data required will vary from project to project and will depend on the use to which the data is to be put.

In general, data about all Contractors, Sub Contractors, construction materials, employees, and the work process may be relevant.

The Austrian provisions on warranty and indemnity generally are not affected by the use of BIM. The general civil law provisions apply. It would be recommended to agree on liability caps for planners.

One of the expected main impacts of BIM is the reduction of planning and construction time due to a better coordination and control and early detection of potential difficulties, defects or potential causes of delay.

BIM may generally facilitate the target-performance comparison of a project and enable an early stage detection of defects, delay or supply shortage. It will be of importance not only for the construction phase but also for the complete life circle of a project. It will help to collect and operate with a complete documentation for the building’s operation and maintenance.

Additional (German) information is available from the following sources:

• https://www.austrian-standards.at/infopedia-themencenter/infopedia-artikel/building-information-modeling-bim/
• https://www.wko.at/Content.Node/branchen/oe/Geschaeftsstelle-Bau/BIM-Broschuere.pdf

Currently there are no legislative plans or proposals in Austria.

However, due to the increasing importance of BIM, Architects, building companies and lawyers are publishing in this field helping BIM to achieve a higher level of awareness.

Large architectural and engineering offices, which have the sources to work with BIM, may focus on this new niche and increase their marketing activities accordingly.

Also, especially larger Employers are beginning to focus on specific BIM requirements.