Snow-clearing duty: who's liable if the pavement outside isn't gritted?

What §93 StVO requires

Austria’s Road Traffic Act obliges property owners to clear snow from the pavement directly adjoining their property and to grit it when there’s a risk of ice. This duty applies regardless of whether the property is owner-occupied or rented out — it falls on the owner by default, but can be passed on by contract.

Who actually carries it out in practice

In multi-unit buildings, the snow-clearing and gritting duty formally rests with the owner or the owners’ association, but in practice it’s almost always delegated to the property manager, who in turn commissions a caretaker or an external company to carry it out on an ongoing basis. Without a clear commission of this kind, responsibility formally remains with the owners’ association — something that can create ambiguity if an incident occurs.

Liability after an accident

If someone is injured because the pavement outside a building wasn’t cleared or gritted in time, civil liability on the part of the responsible party is generally a possibility. Whether and to what extent liability actually applies depends on the specific case — for example, whether the duty was effectively transferred at all, whether weather conditions made clearing reasonably possible, and whether the injured party bears any contributory fault. This overview doesn’t replace legal advice for a specific case; for an actual incident, a lawyer’s assessment is recommended.

Why a clear contractual arrangement matters

When the snow-clearing duty is transferred to a property manager or winter-service provider, it should be documented in writing with a clearly defined scope — including service times, the areas covered, and a backup arrangement in case of provider unavailability. An incomplete or purely verbal agreement can leave it unclear, in a dispute, who was actually responsible at the relevant time.

What a professional winter service provides

A commissioned winter service carries out clearing and gritting on an agreed schedule and documents each visit — a record that can matter in a dispute. Professional providers also typically carry their own business liability insurance, which adds a further layer of protection for the commissioning property manager.

What to clarify before commissioning

Before commissioning a provider, it’s worth clarifying a few key points: what times clearing takes place, which areas are specifically covered (pavement, entrance, driveways), and how multiple visits per day are handled during extreme weather. The more clearly these points are set out in the contract, the lower the risk of later disputes.

Combining it with other services

Many property managers pair winter service with ongoing stairwell cleaning, since grit and moisture also increase indoor cleaning needs in winter. A single point of contact for both services simplifies coordination, especially when the weather changes at short notice.

Securing the duty

Via our quote form, the pavement length and service area are enough for a first estimate. We carry out snow-clearing and gritting on a clearly defined schedule and document every visit — reliable protection for your property management.