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AUSTRIAN TRADITIONS

What are the strict rules in Austria for New Year’s Eve fireworks?

Many people get ready for fireworks displays on New Year's Eve and may want to light up some fireworks themselves. Here are the rules in Austria.

Austria has very strict rules on fireworks and firecrackers, and the country is moving towards a less noisy form of celebration. In Vienna, fireworks remain forbidden for the third year in a row as the administration seeks to avoid the burden on children, the elderly, animals and the environment.

“On New Year’s Eve, any kind of bang should be avoided – only garbage is left after the very short pleasure”, said Jürgen Czernohorszky, Climate City Councillor in the Austrian capital. Provinces and local authorities are free to set some rules on pyrotechnics but must follow specific federal baselines.

READ ALSO: How to celebrate New Year’s Eve like an Austrian

For instance, fireworks are divided into four categories (F1, F2, F3, F4) with specified rules for how old users should be and if they need any special license. 

A category F1 can be fired from the age of 12 and includes smaller items such as sparklers and party poppers which have very low danger and a negligible noise level, according to the government. Category F2 is allowed from the age of 16. It includes items considered of low hazard and low noise level, intended for use in demarcated areas outdoors, such as flash bangers or mini rockets and spinners.

For categories F3 and F4 usage, which include firecrackers and firework bombs, the person needs to have some experience or even be a specialist depending on the type of pyrotechnics. 

People lined up on the street to enter a firework store in Vienna on December 29th, 2022. Despite the strict rules, legal fireworks are very popular (The Local / Amanda Previdelli)

What are the federal rules?

The federal rules, the minimum standard to be followed, restrict age depending on the four categories and require a license for certain fireworks products, as shown above. 

Additionally, category F2 firecrackers are generally not allowed in Ortsgebiete (a “local area” with at least five residential buildings and parks and sports facilities) all year round. However, local authorities could allow a partial exception if there is no danger to people, their property, or public safety or unreasonable noise pollution. 

READ ALSO: Austria set for mild weather over New Year weekend

Within and in the immediate vicinity of hospitals, children’s homes, elderly homes and care homes, churches, places of worship, as well as animal shelters and zoos, the use of fireworks or New Year’s Eve firecrackers is always prohibited, even if they are outside residential areas. There are no exceptions unless the fireworks do not produce any sounds.

The use of New Year’s Eve fireworks of category F2 within or in the immediate vicinity of large gatherings of people, whether inside or outside a residential area, is also strictly prohibited.

Fireworks are also not allowed in the vicinity of petrol stations or other explosive areas, and the F1 and F2 units must be lit individually and not near one another. Furthermore, certain types of fireworks, especially the Schweizer Kracher that gives a flash bang, are also strictly prohibited in Austria.

READ ALSO: Why Vienna is a haven for wild animals – and where you can find them

Non-compliance may result in a fine of up to €3,600 or imprisonment for up to three weeks.

Police operations against illegal fireworks

Ahead of the New Year celebrations, police in Austria have increased operations to find illegal fireworks, especially categories F3 and F4 and products brought from abroad without the minimum safety standards.

In Vienna, for example, police expressly warned against the use of unauthorised firecrackers and improper use of fireworks. The official celebration in the capital is also dispensing fireworks, and the Viennese will get to enjoy a (quiet) laser show instead.

Other Austrian towns and provinces also increase police activity days before the celebrations.

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For members

RENTING

Can I get out of a rental contract in Austria?

Have you viewed an apartment in Vienna o elsewhere in Austria and hastily signed a contract? Don't you like the apartment after all? These are your withdrawal rights in Austria.

Can I get out of a rental contract in Austria?

In Austria, the rental market is highly competitive, with apartments often staying on rental platforms for short periods due to high demand and limited supply. This, coupled with brief apartment visits (sometimes with other prospective tenants) and the pressure to secure a place, can lead to hasty contract signings. 

Understanding your withdrawal rights is essential in such a market.

READ ALSO: Renting in Austria – The key things foreign residents need to know

If you signed a rental contract and then realised you don’t want the place, you might feel stuck in your contract. Austria does have really strict rules on contracts, so that “anyone who signs a rental offer makes a binding declaration that they wish to rent the apartment at a certain rate”, Austria’s Tenants Association says.

The real estate agent will also remind you that you cannot leave your contract, as you signed a contractual agreement (“verbindliches Angebot“, which means a binding offer). But what exactly are your rights then?

It’s all about timing

Basically it’s very tricky and almost impossible to back out after signing a rental contact in Austria.

According to Austria’s Chamber of Labour (AK), Austrian law is on your side – but only in a particular case. 

Under a consumer law that applies to all types of contracts, including rental agreements, you are protected against potential pressure from real estate agents and property owners. If you view an apartment and sign an agreement on the same day, you have the right to withdraw from the contract within the week. Furthermore, if the estate agent fails to inform you of your right to cancel, you can withdraw from the contract within one month.

READ ALSO: Shopping in Austria – What are your consumer rights when purchasing goods?

The Tenants Association is more critical and explains that withdrawal is only possible within the “narrow” limits of the Consumer Protection Act. “If you as a consumer submit your contractual declaration on the same day that you viewed the apartment for the first time, you can withdraw from your contractual declaration in writing within one week.”

If the offer was not signed on the day of the very first viewing, though, there is no right of withdrawal in Austria.

READ ALSO: Tenant or landlord – Who pays which costs in Austria?

If you have the right to do so, the most effective way to withdraw from a rental contract is to do it in writing, preferably by a registered letter, as explained by the Austrian Chamber of Labour (AK). This not only provides a clear record of your intent but also empowers you to navigate the legal aspects of the process with confidence. 

If you signed the offer after the viewing, you don’t have the right to withdraw from the contract you signed. In that case, you could ask for a mutual agreement termination, seeking an amicable termination option with the landlord. Otherwise, you’d be bound by the contract, which in Austria usually means you’d have to stay for one year in the apartment and give three months’ notice before leaving.

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