Recent Enforcement Cases on Unlawful Secondary Residence Use in Tyrol — An Overview

Tyrol has one of Austria's strictest regimes governing secondary residences (Freizeitwohnsitz). Property owners who use a Tyrolean apartment or house as an unlicensed secondary residence face significant fines — and authorities are increasingly proactive in enforcement. A review of recent decisions by the Tyrolean Administrative Court (LVwG) and the Supreme Administrative Court (VwGH) illustrates how the law is applied in practice.

Legal Framework: TROG 2022

Under § 13 of the Tyrolean Spatial Planning Act 2022 (TROG 2022), buildings or parts of buildings that do not serve to satisfy a year-round housing need are classified as secondary residences. Their use is generally only permitted in specially designated zones. Unlicensed use outside such zones constitutes an administrative offence under § 13a TROG 2022, carrying fines of up to €80,000.

Three Recent Cases

Case 1: Secondary Residence Use as a Continuing Offence

LVwG Tirol, 23 January 2025, GZ: LVwG-2024/17/2439-2

The LVwG Tirol confirmed that unlawful secondary residence use is a continuing offence (Dauerdelikt): a single penalty decision covers all periods of violation prior to the decision, as long as the unlawful use has not been demonstrably abandoned. This means years of undetected use can be captured in a single enforcement action.

Case 2: €4,000 Fine Upheld by the Supreme Administrative Court

VwGH, 13 February 2025, GZ: Ra 2025/06/0028

A German national with his primary residence in Germany used a Tyrolean apartment approximately 80 days per year from August 2017 to January 2023 — without the required authorisation. A €4,000 fine was imposed and upheld by the VwGH. The court confirmed that where the owner's centre of life is abroad and the property does not serve a year-round housing need, the secondary residence definition is satisfied — regardless of whether the use was partly for professional purposes.

Case 3: Seven Years of Unlawful Use — €6,000 Fine

LVwG Tirol, 12 August 2025, GZ: LVwG-2025/26/1298-4

A property owner had used a Tyrolean apartment as an unlicensed secondary residence for over seven years (February 2017 to December 2024). The LVwG Tirol upheld a €6,000 fine, noting that the extended duration justified a higher penalty within the available range.

Key Takeaways for Property Owners

• The continuing offence doctrine means enforcement can reach back over many years.
• A primary residence abroad is not a defence — regular use of a Tyrolean property while living elsewhere satisfies the offence.
• Fines imposed to date (€4,000–€6,000) are well below the €80,000 ceiling; more severe cases may attract higher penalties.
• Prohibition of use (Benützungsuntersagung) may be ordered alongside financial penalties.

If you are uncertain whether your Tyrolean property may be classified as a secondary residence, we recommend seeking legal advice before proceedings are initiated.