Construction on the Kurbadstraße urban development project in Vienna’s Favoriten district is proceeding despite a recent court ruling that invalidated a building permit due to procedural errors by the city’s building authority. The decision, handed down by the Federal Administrative Court, found that an environmental impact assessment (EIA) had not been adequately justified as unnecessary.
The ruling has prompted the Gegeninitiative Kurbadstraße, a local opposition group, to announce it will pursue legal action to halt construction. Piotr Pyka, a lawyer representing the environmental organization Alliance for Nature – which supports the Gegeninitiative – stated that the court’s decision, although not explicitly requiring an EIA, effectively casts doubt on the legality of the project’s approval. “It’s unlawful for the building authority to tolerate the work,” Pyka told MeinBezirk.at. “The building authority is obliged to ensure a legally compliant situation and, within the framework of a building order, to have any illegally erected structures demolished.”
According to Pyka, the Alliance for Nature will file complaints with the administrative court regarding building sites six and eight, where building permits have recently been issued. Further legal steps are under consideration. He argued that the proceedings should have had a suspensive effect, preventing construction from beginning while the legal challenges are addressed.
The Kurbadstraße project, located near the Therme Wien and the U1 subway line’s Oberlaa terminus, aims to create a new residential area with approximately 600 apartments, two-thirds of which will be subsidized housing. The development also includes plans for commercial spaces, a daycare center, and other amenities. The city of Vienna describes the project as offering “15 minutes to the city center – 15 seconds to nature,” highlighting its proximity to both urban conveniences and green spaces.
The city’s planning department approved a zoning plan for the area on March 23, 2023, according to information published on wien.gv.at. The project is part of the Wien-Plan – Stadtentwicklungsplan 2035, which identifies the area as a priority for urban development. The WSE Wiener Standortentwicklung, a company owned by the city of Vienna, conducted a cooperative planning process for the project.
The invalidated building permit stemmed from a challenge to the building authority’s determination that an EIA was not required. The Federal Administrative Court found the authority’s reasoning to be deficient. While the court did not rule on whether an EIA is ultimately necessary, the decision has fueled criticism from opponents who argue that the project’s potential environmental impact has not been adequately assessed.
As of February 28, 2026, the city of Vienna has not commented on the legal challenges or indicated whether construction will be paused pending the outcome of the proceedings. The WSE website continues to promote the project with a planned completion date of 2028.
