Stomp It Tutorials explains every movement you have to¬†learn to¬†obtain a¬†skill. This channel also has excellent video quality. The¬†great thing is that the¬†instruction is not¬†just showing how to¬†do jumps himself, he also teaches his snowboarder friend how to¬†ski. Check out his video about jumps.
Make the¬†walls around the¬†living space, not¬†otherwise. The¬†planning of¬†a¬†house must start with understanding what people will do inside, how they will use each place. Some architects first do the¬†house planning, and¬†only then do they decide how people will live inside the¬†house. After panning the¬†outer walls, they decide where and¬†how the¬†bedroom, bath, living room, and¬†kitchen will be located. An¬†example is when a¬†person wants to¬†have three floors, or¬†600 square meter area, and¬†he thinks afterward how to¬†fill the¬†place.
For¬†me, that was a¬†crucial thought. Did you think an¬†architect should plan walls, windows, stairs only after planning the¬†people‚Äôs behavior inside the¬†house? I guess it is tough to¬†imagine. Most of¬†us buy or¬†rent an¬†apartment, and¬†we initially have the¬†plan of¬†an¬†apartment, and¬†based on¬†this plan, we make the¬†walls between rooms and¬†place the¬†tables, sofas, beds, and¬†other furniture. But¬†when you build your own house, you must think conversely! Remember!
Vienna is a¬†Potemkin village. Potemkin village is the¬†name of¬†fake houses, where only a¬†fa√ßade is made. Potemkin villages were built in¬†Russian Empire when the¬†emperor traveled around different regions. Mayor Potemkin did not¬†want the¬†emperor to¬†see poor villages, and¬†he decided to¬†build fake houses on¬†the¬†main streets so that the¬†emperor would see the¬†flourishing city. The¬†homes had only one wall and¬†were constructed out of¬†wood, were colored, and¬†had ornaments made of¬†gypsum.
Vienna has a¬†similar thing. Houses in¬†Vienna look gorgeous; however, most of¬†the¬†fa√ßade is just a¬†cheap decoration made of¬†gypsum instead of¬†stone, which doesn‚Äôt have any functions.
Without the¬†Fa√ßade, the¬†house of¬†the¬†15th and¬†17th centuries will look the¬†same as¬†that of¬†the¬†19th century. For¬†a¬†long time, the¬†only difference in¬†homes was the¬†Fa√ßade style: baroque, classicism, modern, neo-gothic, etc.
You can‚Äôt fake one material for¬†a¬†more expensive one. The¬†fake will always be seen. In¬†Vienna, architects usually make hardwood out of¬†a¬†soft one or¬†paint the¬†normal wood to¬†the¬†red transparent color to¬†look like the¬†teak wood (red hardwood, very expensive).
There were no¬†prohibitions of¬†fake architecture because no¬†one was faking before. If there are no¬†robbers, you don‚Äôt need any punishment for¬†robbery. Nobody was faking the¬†architecture styles before. Only when the¬†new cheap luxury-imitating materials became popular, the¬†process of¬†faking start to¬†flourish.
Ornament is terrible, and¬†once we will eliminate it. The¬†Ornament is just the¬†time spent for¬†nothing. People of¬†baroque times (when people discovered purple color, just a¬†fact) spent money on¬†needless luxury things, and¬†people became poorer. Still, people in¬†the¬†new era are conscious about our needs, and¬†we understand that some wills are stupid. That is why we became richer.
Let‚Äôs take two persons having the¬†same income and¬†living simultaneously. One is a¬†baroque person, and¬†one is a¬†modern person. The¬†baroque person will eat the¬†peacocks, pheasant, lobsters with silver spoons on¬†a¬†table made of¬†teak wood with the¬†picturesque ornaments. He will probably wear clothes made of¬†silk, covered with gold, purple color. He will have diamond rings and¬†other stuff. The¬†modern person (of¬†the¬†20th century) will not¬†have any ornament in¬†his house, neither on¬†the¬†clothes, boots, or¬†furniture. He will wear a¬†black suit to¬†not¬†stand out from the¬†crowd. His power is in¬†his mind. Without spending money on¬†luxury and¬†Ornament, the¬†modern person will save money and¬†grow his capital not¬†need to¬†work in¬†the¬†future.
The¬†modern person will work less. Workers of¬†the¬†previous era spent most of¬†the¬†time on¬†decorations so that they had to¬†work 20 hours per¬†day to¬†have the¬†same production as¬†a¬†person of¬†the¬†modern age (20th century). Now people in¬†America work 8 hours per¬†day, and¬†soon people will work 4 hours a¬†day if they forget about all unnecessary details.
Some architects kill harmony with nature. A¬†peasant in¬†a¬†small village will build a¬†house without an¬†architect. If there is clay nearby, he will buy bricks; if not¬†‚Äď he will use wood and¬†stones from the¬†lake nearby. The¬†Peasant will ask the¬†carpenter (woodworker) to¬†make a¬†roof, and¬†he does not¬†know if the¬†roof will be beautiful or¬†ugly until it is built. Will the¬†house be beautiful? The¬†house will be as¬†beautiful as¬†a¬†lake, a¬†tree, or¬†a¬†horse. It will be a¬†part of¬†nature.
Architects can come to¬†a¬†place and¬†draw the¬†house as¬†he or¬†the¬†customer imagines. He may use materials or¬†technologies that are not¬†usual for¬†these places. The¬†house may be great but¬†may also kill nature. The¬†house will take all the¬†attention to¬†itself. A¬†peasant (subconsciously) understands that the¬†house is a¬†part of¬†nature, and¬†he will try to¬†live in¬†harmony as¬†his ancestors lived.
–°ity dwellers (urban citizens) don‚Äôt have a¬†history. They have no¬†sense of¬†beauty and¬†are not¬†attached to¬†one style. They live in¬†a¬†mix of¬†everything.
The¬†good architecture does not¬†look nice in¬†pictures. The¬†architecture is not¬†2-dimensional, and¬†a¬†house is not¬†built by¬†pen. The¬†architecture of¬†Adolf Loos looks too simple on¬†paper and¬†photos but¬†is great in¬†real life. And¬†you know why it is better? Look at¬†other buildings built that time, look at¬†the¬†cafes of¬†modern style with ornaments, that, of¬†course, look great on¬†paper, and¬†where are they? Most of¬†them are closed or¬†have a¬†new design because such architecture becomes not¬†pretty even for¬†the¬†creator. In¬†3 years, the¬†architect starts to¬†hate his Ornament.
Someone may say that regular change of¬†style, furniture, etc., is suitable for¬†an¬†economy because factories will produce more and¬†more people will have jobs. Such logic exists. When the¬†house is on¬†fire, people are happy because a¬†new, better building will be constructed in¬†that place. But¬†it is not¬†ok, because it is just a¬†capital loss for¬†nothing.
Architecture is not¬†art, except for¬†monuments and¬†gravestones. Everyone should like a¬†House. But¬†art is how an¬†artist sees the¬†world; you may like it or¬†not. Art does not¬†have a¬†function (except for¬†evoking emotions). However, the¬†house satisfies the¬†specific need. The¬†picture should lead out of¬†the¬†usual comfort. The¬†house should serve this comfort. The¬†art is revolutionary; the¬†house is conservative. Art opens new ways and¬†thinks about the¬†future. The¬†house thinks about presents. A¬†person likes everything that serves comfort and¬†hates everything that leads out of¬†it. So, he likes a¬†house and¬†hates art. And¬†yes, architecture is not¬†art. Unfortunately, today (20th century), most houses are liked by¬†two people: the¬†architect and¬†a¬†developer (a¬†private home customer).
Adolf Loos is Austria‚Äôs most known architect of¬†the¬†early 20th century. His two masterpieces are the¬†Loos Haus and¬†Caf√© ‚ÄúMuseum.‚ÄĚ
Adolf Loos has written two best-seller books: ‚ÄúOrnament and¬†crime‚ÄĚ and¬†‚ÄúWhy A¬†Man Should Be Well-dressed.‚ÄĚ
In¬†this article, I summarized the¬†thoughts of¬†Adolf loos and¬†the¬†thoughts that I experienced reading this book. If you liked this format, I would continue writing such articles. I have great books in¬†my home library that I will be happy to¬†talk about, and¬†I also know tens of¬†great books about architecture and¬†urban planning. Just write a¬†comment or¬†write a¬†private message. I will be very grateful.
Hello, I am Daniil Kovekh, founder of¬†Holybike. We produce designer bicycle lockers (boxes). Our website is HolyBike.xyz. (Austrianboxes.com¬†‚Äď edited)
Why do you need it
If you don‚Äôt have a¬†place to¬†keep bicycles safe, you lose your potential customers. You may allow bicyclists to¬†keep bikes inside the¬†hotel, but¬†the¬†bikes are usually dirty and¬†wet when it rains. You will have to¬†spend money on¬†cleaning the¬†room. In¬†HolyBike, you take a¬†metallic plate out and¬†clean it one time per¬†month.
We offer three materials: stainless steel, corten steel (rusty), or¬†wood with 1.5mm of¬†steel for¬†additional protection.
We suggest using Corten steel with a¬†green roof, which will make your box an¬†attraction for¬†tourists. Moreover, you will not¬†need to¬†clean this material, and¬†it will look different every year due to¬†the¬†patina (the¬†brown color) formation. Corten will look great even in¬†50 years!
We can also paint a¬†box in¬†any color you wish, but¬†we propose to¬†use Corten steel instead.
We use the¬†green roof because it is an¬†eye-catcher and¬†is environmentally friendly. The¬†green roof will keep the¬†rainwater, and¬†the¬†‚ÄúSedum‚ÄĚ plants will consume the¬†water. For¬†cases of¬†heavy rain, we made small holes to¬†move the¬†rainwater out.
2m x 1.10m x 1.35m per¬†box with two bike slots is suitable for¬†even the¬†XL full-suspension e-bikes and¬†standard e-scooters.
The¬†price of¬†the¬†Holybike differs from 500‚ā¨¬†per¬†2 bicycle slots to¬†1700‚ā¨¬†per¬†2 bicycle slots, depending on¬†the¬†material and¬†features.
We recommend the¬†model with four slots, a¬†green roof, charging, and¬†corten corners. We sell this model for¬†the¬†early birds for¬†2600‚ā¨. In¬†spring the¬†price will be 3000‚ā¨.
We start sending the¬†lockers at¬†the¬†end of¬†spring 2022. we will produce only five boxes with four slots for¬†bikes till this time.
Reserve a¬†bicycle box for¬†free by¬†submitting a¬†form on¬†https://holybike.xyz/12/. You will choose the¬†number of¬†slots for¬†bikes, material, color, and¬†a¬†need for¬†power outlets for¬†e-bikes inside the¬†boxes.
In¬†winter we will send you an¬†offer. Don‚Äôt worry; you will be able to¬†reject or¬†edit it.
This is the¬†bus stop Kressbad in¬†the¬†Austrian town. this building also has a¬†spectator room. Instead of¬†just staying at¬†a¬†bus stop, people may watch the¬†game from above.
The¬†exterior is made out of¬†sliced light wood. it looks gorgeous and¬†it is also easy to¬†change the¬†broken or¬†spoiled slices of¬†wood.
The¬†interior is made out of¬†black-colored wood with a¬†glass panel. I guess, the¬†panel is used to¬†recline yourself (to¬†lean on¬†it) in¬†case if you wanna stay, and¬†as¬†a¬†protection from falling
This article consists of¬†quotes from the¬† Austrian trade regulation document, that I found most important. The¬†text was translated and¬†copypasted to¬†this article without any additional edits, except for¬†my thoughts that I marked with bold text. The¬†article will be edited continuously.
Due to¬†irrelevance to¬†the¬†theme of¬†a¬†blog and¬†a¬†huge length, I moved the¬†article to¬†the¬†year 2000. There I put articles, that I want to¬†be public, but¬†dont want to¬†be in¬†the¬†feed.
¬ß 1. (1) Unless ¬ß¬ß 2 to¬†4 stipulates otherwise, this Federal Act applies to¬†all activities carried out commercially and¬†not¬†prohibited by¬†law.
(2) An¬†activity is carried out commercially if it is carried out independently, regularly and¬†with the¬†intention of¬†generating an¬†income or¬†other economic advantage, regardless of¬†the¬†purposes for¬†which it is intended; it makes no¬†difference whether the¬†income or¬†other economic advantage intended by¬†the¬†activity should be achieved in¬†connection with activity falling within the¬†scope of¬†this Federal Act or¬†in¬†connection with an¬†activity not¬†subject to¬†this Federal Act.
(3) Self-employment within the¬†meaning of¬†this Federal Act exists if the¬†activity is carried out at¬†your own expense and¬†risk.
(4) A¬†one-off act is also considered a¬†regular activity if, according to¬†the¬†circumstances of¬†the¬†case, the¬†intention of¬†repetition can be concluded or¬†if it requires a¬†longer period of¬†time. Offering an¬†activity forming the¬†subject of¬†a¬†trade to¬†a¬†larger circle of¬†people or¬†in¬†the¬†case of¬†tenders is kept equal to¬†the¬†exercise of¬†the¬†trade. Publication of¬†an¬†activity forming the¬†subject of¬†a¬†trade in¬†registers shall not¬†be considered an¬†exercise if the¬†publication is based on¬†legal obligations.
¬ß 5. (1) Unless otherwise provided for¬†this Federal Act with regard to¬†individual trades, trades may be exercised on¬†the¬†basis of¬†the¬†registration of¬†the¬†trade in¬†question (¬ß 339) if the¬†general and¬†the¬†special conditions prescribed for¬†individual trades are met.
(2) Free trades are activities within the¬†meaning of¬†¬ß 1 para. 1, which are not¬†expressly listed as¬†regulated trades (¬ß 94) or¬†partial trades (¬ß 31). Without prejudice to¬†any exercise regulations, no¬†proof of¬†formal qualifications must be provided for¬†free trades.
General requirements for¬†the¬†practice of¬†trades
¬ß 9. (1) Legal entities and¬†registered partnerships (open companies and¬†limited partnerships) can trade, but¬†must have appointed a¬†managing director (¬ß 39).
(2) If the¬†managing director resigns, the¬†trade may continue to¬†be exercised until the¬†appointment of¬†a¬†new managing director, but¬†for¬†a¬†maximum of¬†six months. The¬†authority must shorten this period if the¬†further exercise of¬†the¬†trade without a¬†managing director poses a¬†particular risk to¬†the¬†life or¬†health of¬†people or¬†if the¬†trade has been exercised for¬†more than six months without a¬†managing director for¬†more than six months in¬†the¬†previous two years before the¬†resignation of¬†the¬†manager.
(3) If registered partnerships want to¬†pursue a¬†business for¬†which the¬†provision of¬†a¬†certificate of¬†competence is required, a¬†general partner who is entitled to¬†manage and¬†represent the¬†company under the¬†articles of¬†association or¬†at¬†least half of¬†the¬†weekly normal working hours employed in¬†the¬†company who are fully subject to¬†insurance in¬†accordance with the¬†provisions of¬†social security law must be appointed managing director (¬ß 39). This provision does not¬†apply to¬†the¬†trades listed in¬†¬ß 7 para. 5, which are carried out in¬†the¬†form of¬†an¬†industrial enterprise; furthermore, this provision does not¬†apply in¬†the¬†event of¬†the¬†death of¬†the¬†managing director (¬ß 39), if the¬†company continues to¬†pursue the¬†trade after the¬†death of¬†this personally liable partner, until the¬†end of¬†the¬†abandonment treatise according to¬†this partner, in¬†the¬†case of¬†the¬†prior resignation from the¬†company only until the¬†time of¬†departure.
(4) If a¬†legal person is a¬†general partner of¬†a¬†registered partnership, paragraph 3 shall also be complied with if a¬†natural person is appointed as¬†managing director (¬ß 39) of¬†this partnership who belongs to¬†the¬†organ of¬†the¬†legal person concerned appointed to¬†represent the¬†legal representation, or¬†who is an¬†employee of¬†this legal person who is fully insured in¬†the¬†company who is fully subject to¬†insurance under the¬†provisions of
(5) If a¬†registered partnership is a¬†general partner of¬†another such partnership, paragraph 3 shall also be complied with if a¬†natural person is appointed managing director (¬ß 39), who is a¬†general partner of¬†the¬†member company concerned and¬†who has the¬†position prescribed for¬†the¬†managing director in¬†paragraph 3 within this member company. This member company must have the¬†position prescribed for¬†the¬†managing director in¬†paragraph 3 within the¬†registered partnership.
(6) If a¬†legal person is a¬†general partner of¬†a¬†registered partnership and¬†this partnership is a¬†general partner of¬†another such partnership, paragraph 3 shall also be complied with if a¬†person is appointed managing director (¬ß 39) of¬†the¬†latter partnership who belongs to¬†the¬†organ of¬†the¬†legal person appointed to¬†legal representation, if the¬†legal person within the¬†member company also has the¬†position prescribed in¬†paragraph 3 and¬†if, finally, this member company also has the¬†position prescribed in¬†paragraph 3 within its member company.
¬ß94 Regulated trade
82 business types are regulated. It includes:
- Monument, facade, and¬†building cleaning
- Bookbinding; case and¬†cassette production; Production of¬†cardboard goods (connected crafts)
- Tourist guide
- Real estate trustees (real estate agents, property managers, property developers)
- Travel agencies
- Engineering offices (consulting engineers)
- Management consulting including the¬†business organization
- Commercial investment advice
- Insurance brokerage (insurance agent, insurance broker and¬†advice on¬†insurance matters)
- Securities intermediaries
¬ß95 (2) In¬†the¬†case of¬†the¬†trades listed in¬†paragraph 1, the¬†appointment of¬†a¬†managing director or¬†a¬†branch manager for¬†the¬†exercise of¬†the¬†trade is subject to¬†approval. The¬†permit must be granted at¬†the¬†request of¬†the¬†trader if the¬†in¬†¬ß 39 para. 2 or¬†¬ß 47 para. 2 are met.
¬ß 99. (1) The¬†builder (¬ß 94 Z 5) is entitled to
- to¬†plan and¬†calculate building constructions, civil engineering and¬†other related buildings,
- to¬†manage building constructions, civil engineering and¬†other related buildings and¬†to¬†carry out construction supervision,
- to¬†also carry out building constructions, civil engineering and¬†other related buildings in¬†accordance with paragraph 2 and¬†to¬†demoliate building constructions, civil engineering and¬†other related buildings,
- to¬†set up scaffolding that require static knowledge,
- for¬†project development, management and¬†control, project management and¬†the¬†assumption of¬†construction management,
- within the¬†scope of¬†his business license to¬†represent his client before authorities and¬†bodies under public law.
(2) The¬†builder is also entitled to¬†take over, plan and¬†calculate and¬†manage the¬†work of¬†other industries as¬†part of¬†his construction management. He is also entitled to¬†carry out this work himself as¬†part of¬†his construction management, insofar as¬†it concerns activities of¬†concrete goods producers, artificial stone producers, terrazzo makers, black-deckers, screed manufacturers, stone wood layers, gardeners, plasterers and¬†drywallers, heat, cooling, sound and¬†fire dampers and¬†sealers against moisture and¬†pressurized water. The¬†builder may take over and¬†carry out the¬†production of¬†screed and¬†drywalling activities independently of¬†a¬†construction management. Insofar as¬†it concerns works of¬†trades not¬†mentioned in¬†this paragraph, he must use the¬†authorized traders to¬†carry out this work. Furthermore, without prejudice to¬†the¬†rights of¬†the¬†well masters, he is entitled to¬†carry out deep drilling of¬†all kinds.
(3) The¬†qualification for¬†activities in¬†accordance with para. 1 no. 1 and¬†2 can only be provided by¬†means of¬†a¬†certificate of¬†competence in¬†accordance with ¬ß 18 para. 1.
(4) The¬†authorization of¬†other traders to¬†draw up the¬†preliminary drafts required in¬†connection with the¬†planning of¬†technical plants and¬†facilities in¬†the¬†field of¬†building and¬†civil engineering remains unaffected.
(5) If the¬†trade of¬†the¬†builders is registered to¬†an¬†extent that does not¬†have the¬†right to¬†comprehensive planning in¬†accordance with para. 1 no. 1, the¬†trade applicant must use the¬†term ‚Äúconstruction trader‚ÄĚ with the¬†corresponding restriction. Only traders whose business authorization has the¬†right to¬†comprehensive planning in¬†accordance with para. 1 Z 1, may use the¬†designation ‚Äúbuilder‚ÄĚ. Traders who are entitled to¬†carry out the¬†master craftsman‚Äôs trade to¬†a¬†limited extent to¬†the¬†execution of¬†buildings may not¬†use a¬†designation that could give the¬†impression that they are entitled to¬†plan buildings.
(6) At¬†the¬†request of¬†the¬†trader, the¬†Federal Minister of¬†Economic Affairs and¬†Labour must determine within three months by¬†decision that the¬†trader whose trade license has the¬†right to¬†comprehensive planning in¬†accordance with ¬ß 99 para. 1 Z 1 contains, in¬†addition to¬†the¬†designation ‚Äúbuilder‚ÄĚ, may also use the¬†term ‚Äúcommercial architect‚ÄĚ if he
- a¬†certificate of¬†training in¬†accordance with Article 49 of¬†Directive 2005/36/EC
a) either on¬†the¬†basis of¬†the¬†successful completion of¬†the¬†maturity test at¬†a¬†relevant domestic higher technical college (building construction) and¬†worked as¬†a¬†construction trader for¬†at¬†least ten years or¬†in¬†a¬†function equivalent to¬†the¬†same
b) or¬†on¬†the¬†basis of¬†a¬†domestic relevant university (university) degree program and
- in¬†another Member State of¬†the¬†European Economic Area or¬†of¬†the¬†European Union, on¬†the¬†basis of¬†the¬†rules and¬†standards applicable therein or¬†even from the¬†assumption of¬†public contracts in¬†the¬†field of¬†his business license or¬†from participation in¬†public tenders or¬†on¬†the¬†basis of¬†the¬†rules and¬†standards applicable therein, has been excluded from the¬†takeover of¬†private contracts or¬†from participation in¬†private tenders only because
(7) The¬†traders entitled to¬†exercise the¬†master craftsman‚Äôs trade (¬ß 94 Z 5) or¬†the¬†partial trade originating from the¬†master craftsman‚Äôs trade must take out liability insurance for¬†personal injury, property damage and¬†financial loss for¬†their professional activity. Liability insurance must be provided by¬†a¬†company that is authorized to¬†operate in¬†Austria. The¬†insured sum must be:
- For¬†a¬†trader entitled to¬†practice the¬†master craftsman‚Äôs trade (¬ß 94 Z 5) or¬†the¬†sub-trade originating from the¬†master craftsman‚Äôs trade with a¬†maximum annual turnover in¬†accordance with ¬ß 221 para. 2 no. 2 in¬†conjunction with ¬ß 221 para. 4 Corporate Code: at¬†least EUR 1,000,000 per¬†claim, whereby it is permissible to¬†limit the¬†insurance benefit per¬†annual insurance period to¬†EUR 3,000,000.
- For¬†a¬†trader entitled to¬†exercise the¬†master craftsman (¬ß 94 Z 5) or¬†the¬†partial trade originating from the¬†master craftsman‚Äôs trade with more than one annual turnover in¬†accordance with ¬ß 221 para. 2 no. 2 in¬†conjunction with ¬ß 221 para. 4 Corporate Code: at¬†least EUR 5,000,000 per¬†claim, whereby it is permissible to¬†limit the¬†insurance benefit per¬†annual insurance period to¬†EUR 15,000,000.
For¬†these compulsory insurance sums, a¬†deductible of¬†a¬†maximum of¬†five % of¬†these sums per¬†claim may be agreed.
(8) When registering the¬†master builder‚Äôs trade (¬ß 94 Z 5) or¬†a¬†partial trade originating from the¬†builder‚Äôs trade, proof of¬†liability insurance for¬†personal injury, property damage and¬†financial loss in¬†accordance with para. 7 must be provided in¬†addition to¬†the¬†requirements in¬†accordance with ¬ß 339 para. 3.
(9) In¬†the¬†event of¬†freedom of¬†performance of¬†the¬†insurer from liability insurance for¬†personal injury, property damage and¬†financial loss to¬†the¬†insurer‚Äôs local authority responsible for¬†the¬†builder (¬ß 94 Z 5) or¬†a¬†partial trade originating from the¬†builder‚Äôs trade and¬†regarding the¬†liability of¬†the¬†insurer in¬†view of¬†a¬†third party, the¬†provisions of¬†¬ß 92 GewO 1994 No. 2/1959, as¬†amended. ¬ß 158c para. 2 VersVG applies with the¬†proviso that the¬†circumstance that results in¬†the¬†non-existence or¬†termination of¬†the¬†insurance relationship only takes effect vis-√†-vis the¬†third party after the¬†insurer has notified this circumstance to¬†the¬†authority.
(10) In¬†the¬†event of¬†the¬†abolition of¬†liability insurance for¬†personal injury, property damage and¬†financial loss within the¬†meaning of¬†paragraph 7, the¬†authority must immediately initiate trade deprivation procedure and, if new liability insurance for¬†personal injury, property damage and¬†financial loss is not¬†proven immediately, withdraw the¬†trade license within a¬†maximum of¬†two months. ¬ß 361 para. 2 does not¬†apply in¬†this case. Complaints against withdrawal notices have no¬†suspensive effect. The¬†initiation of¬†the¬†trade deprivation procedure must be noted in¬†GISA.
¬ß 117. (1) The¬†trade of¬†real estate trustees (¬ß 94 Z 35) includes the¬†activities of¬†real estate agents, property managers and¬†property developers.
(2) The¬†real estate agent‚Äôs area of¬†activity includes
- the¬†mediation of¬†the¬†purchase, sale and¬†exchange of¬†undeveloped and¬†built-up land and¬†rights to¬†real estate including the¬†mediation of¬†rights of¬†use to¬†real estate (such as¬†acquired through timeshare contracts) and¬†the¬†mediation of¬†the¬†purchase, sale and¬†exchange of¬†apartments, business premises, prefabricated houses and¬†companies;
- the¬†mediation of¬†existing contracts for¬†real estate, including the¬†brokerage of¬†existing contracts for¬†apartments, business premises and¬†companies;
- the¬†trade in¬†real estate including the¬†hire purchase. This also includes the¬†construction of¬†buildings that the¬†broker as¬†a¬†builder has carried out by¬†authorized traders for¬†the¬†purpose of¬†resale as¬†a¬†whole;
- the¬†mediation of¬†participations in¬†real estate funds;
- the¬†advice and¬†support for¬†the¬†shops listed in¬†Z 1 to¬†4. Traders who are entitled to¬†carry out these activities are also entitled to¬†broker mortgage loans as¬†well as¬†to¬†broker private rooms to¬†travelers for¬†temporary residence and¬†to¬†keep a¬†guest room certificate;
- the¬†implementation of¬†the¬†public auction of¬†real estate, superaddicates and¬†building rights according to¬†¬ß 87c NO;
¬ß 158 applies.
(3) The¬†area of¬†activity of¬†the¬†real estate manager includes all activities necessary and¬†appropriate for¬†the¬†management of¬†built-up and¬†undeveloped properties, the¬†preservation, repair, improvement and¬†renovation of¬†which. This also includes the¬†collection of¬†funds and¬†the¬†payment of¬†payments related to¬†administrative activities. Property managers are also entitled to
- to¬†advise homeowners and¬†apartment owners in¬†tax matters under the¬†administrative contract as¬†well as¬†to¬†write documents and¬†submissions;
- carry out administrative activities for¬†individual co-owners of¬†a¬†property, provided that this does not¬†create a¬†conflict of¬†interest with the¬†community of¬†owners whose property they manage;
- to¬†carry out simple repair and¬†repair work on¬†the¬†objects they manage.
(4) The¬†scope of¬†activity of¬†the¬†developer includes the¬†organizational and¬†commercial processing of¬†construction projects (new buildings, sweeping renovations) on¬†his own or¬†third-party account as¬†well as¬†the¬†renovation of¬†buildings equivalent to¬†a¬†new building with regard to¬†the¬†construction effort. The¬†developer is also entitled to¬†recycle these buildings.
(5) Real estate trustees are also entitled to¬†represent their clients before administrative authorities, funds, funding agencies and¬†corporations under public law as¬†well as¬†in¬†court within the¬†scope of¬†their business authorization and¬†mission, provided that there is no¬†legal obligation.
(6) The¬†establishment of¬†contracts by¬†real estate trustees is permitted if this consists in¬†the¬†completion of¬†formally designed contracts.
(7) The¬†traders entitled to¬†carry out the¬†business of¬†real estate agents (¬ß 94 Z 35) must take out financial loss liability insurance with an¬†insurance sum of¬†at¬†least 100,000 euros per¬†claim for¬†their professional activities. For¬†this compulsory insurance sum, a¬†deductible of¬†a¬†maximum of¬†five % of¬†this sum may be agreed per¬†claim. It is permissible to¬†limit the¬†insurance benefit per¬†annual insurance period to¬†EUR 300,000. Financial loss liability insurance must be provided by¬†a¬†company that is authorized to¬†operate in¬†Austria. If the¬†activity of¬†brokering mortgage loans in¬†accordance with para. 2 Z 5 is not¬†excluded from the¬†trade wording, the¬†professional liability insurance or¬†equivalent guarantee in¬†accordance with Article 1 of¬†Delegated Regulation (EU) No¬†1125/2014 supplementing Directive 2014/17/EU of¬†the¬†European Parliament and¬†of¬†the¬†Council with regard to¬†regulatory technical standards for¬†the¬†minimum coverage amount of¬†professional liability insurance or¬†equivalent guarantee for¬†credit intermediaries, OJ No. L 305, 10/24/2014 p. 1.
The¬†traders entitled to¬†carry out the¬†business of¬†real estate managers (¬ß 94 Z 35) must take out financial loss liability insurance for¬†their professional activities with an¬†insurance sum of¬†at¬†least 400,000 euros per¬†claim. For¬†this compulsory insurance sum, a¬†deductible of¬†a¬†maximum of¬†five % of¬†this sum may be agreed per¬†claim. It is permissible to¬†limit the¬†insurance benefit per¬†annual insurance period to¬†EUR 1,200,000. Financial loss liability insurance must be provided by¬†a¬†company that is authorized to¬†operate in¬†Austria.
The¬†traders entitled to¬†carry out the¬†business of¬†the¬†developers (¬ß 94 Z 35) must take out financial loss liability insurance with an¬†insurance sum of¬†at¬†least 1,000 000 euros per¬†claim for¬†their professional activity. For¬†this compulsory insurance sum, a¬†deductible of¬†a¬†maximum of¬†five % of¬†this sum may be agreed per¬†claim. It is permissible to¬†limit the¬†insurance benefit per¬†annual insurance period to¬†EUR 1 500 000 for¬†companies with an¬†annual turnover of¬†less than EUR 2,000,000 and¬†to¬†EUR 3,000,000 for¬†other companies. Financial loss liability insurance must be provided by¬†a¬†company that is authorized to¬†operate in¬†Austria.
(8) When registering the¬†trade of¬†the¬†real estate trustees, proof of¬†financial loss liability insurance in¬†accordance with para. 7 must be provided in¬†addition to¬†the¬†requirements of¬†¬ß 339 para. 3.
(9) In¬†the¬†event of¬†freedom from performance of¬†the¬†insurer from financial loss liability insurance, the¬†provisions of¬†¬ß 92 GewO 1994 and¬†the¬†provisions of¬†¬ß¬ß 158b to¬†158i of¬†the¬†VersVG, BGBl apply to¬†the¬†notification of¬†the¬†insurer to¬†the¬†local authority for¬†the¬†real estate trustee and¬†regarding the¬†liability of¬†the¬†insurer in¬†view of¬†a¬†third party. No. 2/1959, as¬†amended. ¬ß 158c para. 2 VersVG applies with the¬†proviso that the¬†circumstance that results in¬†the¬†non-existence or¬†termination of¬†the¬†insurance relationship only takes effect vis-√†-vis the¬†third party after the¬†insurer has notified this circumstance to¬†the¬†authority.
(10) In¬†the¬†event of¬†the¬†abolition of¬†financial loss liability insurance within the¬†meaning of¬†paragraph 7, the¬†authority must immediately initiate trade deprivation proceedings and, if a¬†new financial loss liability insurance is not¬†proven immediately, withdraw the¬†trade license within a¬†maximum of¬†two months. ¬ß 361 para. 2 does not¬†apply in¬†this case. Complaints against withdrawal notices have no¬†suspensive effect. The¬†initiation of¬†the¬†trade deprivation procedure must be noted in¬†GISA.
¬ß136a. (1) The¬†commercial investment advisor (¬ß 94 Z 75) is entitled to
- Advice on¬†the¬†development, safeguarding and¬†maintenance of¬†assets and¬†financing with the¬†exception of¬†investment advice on¬†financial instruments (¬ß 3 para. 2 Z 1 WAG 2018),
- Mediation of
a) Investments and¬†investments, excluding financial instruments (¬ß 3 para. 2 Z 3 WAG 2018),
b) Personnel loans and¬†mortgage loans and¬†financing (instences, offerings and¬†other preparatory work on¬†credit agreements and¬†concluding them for¬†the¬†lender) and
c) Life and¬†accident insurance.
(Note: para. 1a¬†repealed by¬†BGBl. I No. 155/2015)
(2) With regard to¬†the¬†mediation of¬†life and¬†accident insurance, the¬†commercial investment advisor is subject to¬†the¬†provisions of¬†¬ß¬ß 137 to¬†138 and¬†the¬†other provisions regarding insurance brokerage.
(3) Commercial investment advisors are entitled to¬†the¬†activities of¬†¬ß 1 Z 45 WAG 2018 as¬†securities intermediaries (¬ß 94 Z 77). Activities as¬†a¬†tied intermediary according to¬†¬ß 1 Z 44 WAG 2018 may not¬†be carried out in¬†this case.
(4) When registering the¬†trade of¬†commercial investment advice (¬ß 94 Z 75), if the¬†activity of¬†the¬†securities intermediary is carried out, proof of¬†the¬†existence of¬†a¬†representative relationship must be attached in¬†addition to¬†the¬†evidence in¬†accordance with ¬ß 339 para. 3. The¬†applicant may only start exercising the¬†activity of¬†securities brokerage from the¬†date of¬†entry in¬†GISA.
(5) The¬†trader must immediately inform the¬†trade authority of¬†the¬†termination of¬†the¬†last representation relationship. After becoming aware of¬†the¬†abolition of¬†the¬†last representation relationship, the¬†authority must immediately initiate a¬†withdrawal procedure regarding the¬†activity as¬†a¬†securities intermediary and, if a¬†representation relationship is not¬†proven immediately, withdraw the¬†authorization as¬†a¬†securities intermediary within two months at¬†the¬†latest. ¬ß 361 para. 2 first sentence does not¬†apply in¬†this case. Complaints against withdrawal notices have no¬†suspensive effect. The¬†initiation of¬†the¬†withdrawal procedure must be noted in¬†GISA.
(6) Commercial investment advisors must meet the¬†requirements of¬†continuous vocational training and¬†further education in¬†order to¬†maintain an¬†adequate level of¬†performance that corresponds to¬†the¬†tasks they perform and¬†the¬†corresponding market. For¬†this purpose, these persons must complete at¬†least 20 hours of¬†vocational training or¬†further education per¬†year from the¬†calendar year next to¬†registration in¬†GISA. This obligation replaces the¬†obligation under ¬ß 137b para. 3. Proof of¬†participation in¬†the¬†training must be kept available at¬†the¬†location of¬†the¬†trade for¬†at¬†least five years for¬†inspection by¬†the¬†authority at¬†any time. Commercial investment advisors may only use personnel that meet the¬†requirements of¬†this paragraph.
(6a) Relevant courses are considered training within the¬†meaning of¬†para. 6. The¬†responsible specialist organization of¬†the¬†Austrian Chamber of¬†Commerce must develop a¬†curriculum for¬†the¬†training content. The¬†curriculum must provide for¬†the¬†trader that at¬†least half of¬†the¬†continuing education obligation may only be carried out with certain independent educational institutions. The¬†curriculum can extend over several years. The¬†curriculum requires confirmation from the¬†Federal Minister for¬†Digitalization and¬†Business Location. The¬†Financial Market Supervisory Authority (FMA) must be given the¬†opportunity to¬†comment within a¬†reasonable period of¬†time by¬†the¬†Federal Minister for¬†Digitalization and¬†Business Location before issuing the¬†confirmation. The¬†curriculum may provide for¬†a¬†smaller minimum number of¬†hours for¬†traders or¬†their staff, provided that areas of¬†activity are excluded from the¬†scope of¬†business.
(7) Commercial investment advisors acting as¬†securities intermediaries may perform the¬†activities referred to¬†in¬†¬ß 1 Z 45 WAG 2018 for¬†no¬†more than three companies. The¬†commercial investment advisor acting as¬†a¬†securities intermediary must clearly disclose the¬†respective business owner to¬†the¬†contractual partner (securities customers) at¬†each time they take up business and¬†point out the¬†entry in¬†the¬†register with the¬†FMA. If the¬†securities intermediary does not¬†clearly disclose the¬†contractual client, all persons are liable in¬†accordance with ¬ß 37 para. 7 WAG 2018 registered business owners in¬†solidarity.
(8) Commercial investment advisors are entitled to¬†the¬†activities of¬†¬ß 1 Z 44 WAG 2018 as¬†a¬†tied agent. Activities as¬†a¬†securities intermediary according to¬†¬ß 1 Z 45 WAG 2018 may not¬†be carried out in¬†this case.
(9) When registering the¬†trade of¬†commercial investment advice (¬ß 94 Z 75), if the¬†activity of¬†the¬†tied intermediary is carried out, proof of¬†the¬†existence of¬†the¬†representation relationship must be attached in¬†addition to¬†the¬†evidence in¬†accordance with ¬ß 339 para. 3. The¬†applicant may only start exercising the¬†activity of¬†the¬†tied agent from the¬†date of¬†entry in¬†GISA.
(10) The¬†trader must immediately inform the¬†trade authority of¬†the¬†termination of¬†the¬†last representation relationship. After becoming aware of¬†the¬†abolition of¬†the¬†representative relationship, the¬†authority must immediately initiate a¬†withdrawal procedure regarding the¬†activity as¬†a¬†tied intermediary and, if a¬†representative relationship is not¬†proven immediately, withdraw the¬†entitlement as¬†a¬†tied intermediary within no¬†more than two months. ¬ß 361 para. 2 first sentence does not¬†apply in¬†this case. Complaints against withdrawal notices have no¬†suspensive effect. The¬†initiation of¬†the¬†withdrawal procedure must be noted in¬†GISA.
(11) Commercial investment advisors must when accepting and¬†transmitting orders in¬†connection with investments in¬†accordance with ¬ß 1 para. 1 Z 3 Capital Markets Act, KMG, BGBl. No. 625/1991, ¬ß 56 WAG 2018, BGBl. I No. 107/2017 as¬†amended.
(12) Traders entitled to¬†pursue the¬†trade of¬†investment advisors must take out financial loss liability insurance for¬†their professional activities with an¬†insurance sum of¬†at¬†least 1,111,675 euros for¬†each individual claim and¬†1,6677,513 euros for¬†all claims of¬†a¬†year. This does not¬†apply to¬†activities for¬†which there is liability protection within the¬†meaning of¬†para. 4 or¬†para. 9 or¬†¬ß 137c. The¬†aforementioned minimum insurance sums increase or¬†decrease as¬†a¬†percentage of¬†the¬†European Consumer Price Index published by¬†Eurostat from 15.1.2013 and¬†thereafter regularly every five years, rounding them up to¬†the¬†next higher full euro amount. The¬†provisions of¬†¬ß 117 para. 8 to¬†10 must be applied mutatis mutandis. For¬†activities of¬†brokering mortgage loans in¬†accordance with para. 1 no. 2 lit. b, professional liability insurance or¬†equivalent guarantee in¬†accordance with Article 1 of¬†Delegated Regulation (EU) No¬†1125/2014 must be available from the¬†aforementioned amounts of¬†coverage.