The Austrian Constitutional Court (VfGH) overturned a ban on photovoltaics in Pölten, the capital of Lower Austria, on the grounds of urban landscape protection. Previously, the city stipulated that photovoltaic systems should not be installed in locations that can be seen from public space.
According to local media in Austria, a homeowner who refused to accept a ban on the installation of photovoltaic systems on the roof of his house appealed the case to the Constitutional Court. However, the case may now need to be reconsidered by the Administrative Court of Lower Austria, taking into account the Constitutional Court's decision.
In an interview with the Austrian Broadcasting Corporation (ORF), Vera Immitzer, chief executive of the Austrian Photovoltaic Association PV Austria, said that people should not easily accept the restrictions imposed by local governments on photovoltaic installations. Instead, they should strive for their own rights and interests through legal channels.
At present, the Austrian media are discussing whether the verdict has a demonstration effect on the whole country.
According to the Austrian News Agency (APA), the Constitutional Court said that the ruling only dealt with the specific provisions of the St. P Pölten. Similar provisions for other municipalities can only be referenced to a limited extent.
APA reported that the judge mainly abolished two key elements of the regulation: one was that the locally established "design advisory committee" (Gestaltungsbeirat) lacked legal basis; The second is to cancel the requirement that "photovoltaic system can only be set in an invisible position in public space".
In response to the ruling, the municipal government of Pölten, a St. P, announced that it would amend the relevant regulations on "installation of photovoltaic systems in protected areas". The municipal government said that the adjustment was based on the deletion of such expressions as "and photovoltaic system" and "can only be installed after the approval of the professional evaluation body (design advisory committee)". Martin Gutkas,
the city's chief executive, said the ruling would allow the government to assess whether to allow the installation of photovoltaic systems on a case-by-case basis in the future. However, he also stressed that in the case of significant roofs and building facades, urban landscape protection will still have an important position.
It is reported that in September 2025, the Austrian ruling coalition has submitted the draft of the Renewable Energy Expansion Acceleration Act. The bill aims to shorten the approval cycle of renewable energy projects. In this context, Austrian local media believe that restrictions on the construction of renewable energy equipment will face greater challenges due to factors such as urban landscape protection.
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