Winter Service in Vienna - Who Clears, Spreads & Is Liable?

When the first snow falls in Vienna, many people wonder: Who is actually responsible for ensuring that sidewalks, house entrances, and stairways are cleared of snow and ice? The answer is more complex than one might initially think – because it depends on whether you are an owner, landlord, or tenant. Additionally, there are clear legal requirements regarding times, methods, and environmental impacts.

Below you will find a comprehensive overview of obligations, responsibilities, and consequences for winter services in Vienna – sources include wien.gv.at, the Austrian Economic Chamber (WKO) and the Tenant Association. The Convival Real Estate Blog has also summarized details on snow removal & co.

Ownership Obligates Winter Services

The legal basis for winter services in Austria is formed by § 93 of the Road Traffic Regulations (StVO). It stipulates that property owners are obliged to clear the adjacent sidewalks in the local area of snow and ice – on weekdays, Sundays, and public holidays between 6:00 a.m. and 10:00 p.m. If there is no sidewalk, a one-meter-wide strip along the property on the roadway or roadside must be cleared and gritted in case of ice. This obligation generally affects the owners of a property, whether it is a single-family house or a rental building.

According to wien.gv.at, the obligation to clear and grit extends not only to sidewalks but also to other publicly accessible areas of the property, such as house entrances, garbage areas, or stairways. It is not just about cleanliness, but above all about safety: the goal is to prevent accidents from slipping or falling.

Can the Obligation Be Transferred?

Even though owners are legally obliged, this does not mean they have to personally carry out the winter service. In practice, this obligation is often transferred to professional winter service companies, janitorial services, or – in certain cases – even to tenants. It is important that the transfer is clear and legally secure, ideally regulated in writing and in detail. A notice in the stairwell alone is not sufficient.

If the winter service is transferred to a company, such as a property management company, it assumes responsibility in the event of damage – but only if it is a complete and proper transfer. Owners remain liable if they hire unsuitable persons or do not sufficiently monitor the execution. This interpretation has been confirmed several times by the Supreme Court.

It is advisable to have a clear service description for each transfer: Which areas need to be cleared when? Which gritting materials may be used? What happens in the absence or illness of the appointed person?

This Applies to Tenants

A common misconception is that tenants are automatically responsible for winter maintenance. In fact, this is only the case if this duty is explicitly stipulated in the rental agreement – and in writing. In multi-party houses, this is rarely the case. Even if a caretaker is present, it does not automatically mean that they are responsible for winter maintenance – this too must be contractually regulated.

If such a contractual agreement is missing, the duty remains with the landlord or owner. And even if a regulation is included in the rental agreement, certain conditions must be met: For example, the tenant must have access to the necessary tools (snow shovel, grit) and the tasks must be reasonable. For older or physically impaired persons, the duty may not be enforceable.

How often and how thoroughly must it be cleared?

Winter maintenance does not end with a one-time snow shoveling in the morning. Rather, in the case of persistent snowfall or recurring ice, there is an obligation to clear and grit several times a day. Especially during freezing rain, it may be necessary to act on an hourly basis. The road traffic regulations require that the areas must be safe to walk on at all times – there are uniform guidelines, but these must always be seen in the context of the specific weather conditions.

The winter maintenance ordinance of the city of Vienna also stipulates that only suitable, environmentally friendly gritting materials may be used. The use of de-icing salt is prohibited in many green areas, especially near trees and meadows. The city recommends grit-like materials with grain sizes of 2–8 mm, which must be removed again after the end of the icy period to keep fine dust pollution low.

Legal consequences if not gritted

Anyone who fails to fulfill their winter maintenance duty risks more than just annoyed neighbors. If an accident occurs – for example, because someone slips on an uncleared sidewalk – the responsible person is liable under civil law for damages and compensation for pain and suffering. This concerns both the treatment costs and possible rehabilitation measures and income losses. Additionally, administrative penalties may be imposed if the road traffic regulations or the winter maintenance ordinance are violated. The authorities of the city of Vienna can impose fines, especially if clearing is repeatedly or intentionally neglected or if unauthorized materials are used for gritting.

Important: Even when third parties (e.g., winter maintenance company or tenant) are commissioned, the owner remains responsible for monitoring. Anyone who completely withdraws from responsibility without effective delegation can be liable in serious cases – with potentially significant financial consequences.

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