Operation approval for ski schools or redefinition of ski school area

Skiing in the sense of the Lower Austrian ski teaching system includes all kinds of skiing, especially alpine skiing, snowboarding and cross-country skiing.

Ski schools are facilities where ski instruction is given on a commercial basis. The ski instruction is considered to be gainful if it is carried out against payment or for the achievement of any other economic advantage, no matter for what purpose it is intended.

The operation of a ski school or the redefining of the ski school area requires the approval of the district administrative authority. The permit is granted for the operation of a ski school with a specific name, an applied area, for a suitable meeting point in the desired location and a separate ski school office under certain conditions with a written decision.

Before granting the permit or before a ski school area is redefined, the municipalities concerned are to be heard - notification of the submission of the application with the request to comment within six weeks by the district administrative authority; the Lower Austrian Ski Instructors Association and the section of the Chamber of Commerce responsible for tourism are to be informed.

One copy of the notice of approval is to be sent to each of the communities concerned in the ski school area. The Lower Austrian Ski Instructors Association and the section of the Chamber of Commerce responsible for tourism must be informed before the permit is issued. Permits are to be published in the official gazette of the district administration authorities.

The admission, the temporary or permanent suspension as well as the resumption of the operation of a ski school must be notified to the district administrative authorities by the permit holder. This also applies to any change in the person of the managing director as well as with regard to the legally required information in the case of permits for companies (legal form, partners and possible liability, consent of the managing director to his appointment). This also applies to any change of the ski school area, the meeting point, the ski school office and the ski school name.

For ski school operation permit or ski school area redefinition:

Informal application (Formloser Antrag) including documents to prove that the applicant fulfills the legal requirements.

For the notification of the legally required notification facts (admission, temporary or permanent suspension as well as resumption of the operation of a ski school, ....):

Informal notification (Formlose Anzeige) by the license holder.

The ski school operation permit or the new determination of the ski school area must be obtained before the intended operation of the ski school (with the newly determined ski school area).

The notification of the legally required notification facts (commencement, temporary or permanent cessation as well as resumption of the operation of a ski school, ......) must be made in good time before.

• Verwaltungsabgabe

gemäß NÖ Landes-Verwaltungsabgabenverordnung 2001, StF: LGBl. 3800/1-0 sowie gemäß NÖ Landes-Verwaltungsabgabentarif 2020, StF: LGBl. Nr. 106/2019  (III. Sportangelegenheiten)

in the versions valid at the time

• Gebühren

Gebührengesetz 1957 (GebG), StF: BGBl. Nr. 267/1957 (WV)
in the respective valid version

Please inquire in advance with the responsible office

§§ 14 - 18  NÖ Sportgesetz, LGBl. 5710-9

(a) procedural requirements

• The application for the granting of the permit must be submitted in writing. To be submitted Documents to prove the reliability and the physical and health Eligibility must not be older than three months at the time the application is submitted be. The application for a company permit must be accompanied by to add: intended legal form, the shareholders with indication of a possible liability, the consent of the managing director to his appointment.

b) content requirements: 

• The ski school area must be a closed area. The determination is based on the existing tourism facilities and to sufficient suitable training areas to take into consideration. If the conditions change, the ski school area can be can be determined.
• suitable meeting place in the target location.
• own ski school office.

c) personal requirements: 

• the Austrian citizenship, the citizenship of an EU or EEA-Member State or the Swiss Confederation or the position of a third-country nationals who are long-term residents within the meaning of Directive 2003/109/EC or family members within the meaning of Directive 2004/38/EC 
• the necessary mental aptitude
• Completion of the 24th year of life
• Reliability in the sense of the Austrian trade regulations 1994 
• Physical aptitude
• Professional qualification (final examination according to Annex A.8 of the Regulation of the Federal Minister for Education and the Arts about the qualifying examinations, Final examinations and qualifying examinations at schools for the training of physical education and sports teachers) and practical activities
• Conclusion of a liability insurance

Note: Persons who do not have Austrian citizenship can also provide proof of trustworthiness and freedom from bankruptcy (reliability) as well as physical aptitude by means of a corresponding certificate issued by the competent institution in their home country or country of origin.

Applicants for a ski school operating license can also be legal entities and registered partnerships, if they appoint a managing director who fulfills the legally required personal prerequisites (citizenship, the necessary mental aptitude, completion of the age of 24, reliability, physical aptitude, professional competence and practical activity). The managing director must be a personally liable partner of the registered partnership or must belong to the organ of the relevant legal entity or, if applicable, the liable legal entity appointed for legal representation or must be an employee of the legal entity or registered partnership, must have demonstrably consented to his appointment and must have authority to issue instructions corresponding to his use. The managing director is responsible for all tasks legally incumbent upon the holder of the ski school license and he is accountable to the authority for compliance with the regulations.

For ski school operation permit or ski school area redefinition: Please send the necessary documents to the responsible office.

For the notification of the legally required number of notifications (admission, temporary or permanent suspension and resumption of operation of a ski school, ....) :

Licence holders are obliged to provide the district administrative authority with the information necessary for the exercise of supervision.

Persons or institutions which provide ski instruction for groups on a non-profit basis shall, upon request, inform the ski school directors of the ski school areas in which the ski instruction is provided of their activities, in particular the practice slopes to be used.

A ski school from another ski school area has to inform the ski school managers responsible for the ski school area before the start of the ski instruction.

An administrative offence is committed, which is to be punished with a fine of up to
€ 2.200,--, who gives ski instruction without permission.

An administrative offence is committed, which is to be punished with a fine of up to
€ 2.200,--, who contravenes the legally required obligations to notify (admission, temporary or permanent suspension as well as resumption of the operation of a ski school, .....).

An administrative offence is committed by the licence holder, which is punishable by a fine of up to € 2.200,-- if he does not provide the district administrative authority with the information required for the exercise of supervision.

For the ski school operating license or the new determination of the ski school area: District administrative authority (Bezirksverwaltungsbehörde) of the siting commune(s) applied for.

For the notification of the legally required notification facts (admission, temporary or permanent suspension and resumption of the operation of a ski school, ....): District administrative authority (Bezirksverwaltungsbehörde) of the siting commune(s) as the competent authority for granting the permit.

Authentication or signature of the application is not required.

An appeal is possible against rulings issued by an authority and shall be filed by the party within a four weeks term with the authority that issued the ruling of first instance (against rulings without investigation procedure within a two weeks term). The term starts with the receipt of the written copy of the ruling, in the case of oral pronouncement simultaneously with it.

The appeal shall indicate the ruling it contests, the authority that issued the ruling and contain a motion of appeal with the reasons. No more appeal is admissible if the party expressly waived the right of appeal after receipt or pronouncement of the ruling.

Each ruling contains instructions on the right to appeal and indicates the authority and the deadline for submission of such appeal. 

Point of single contact Niederösterreich

Abteilung Sport, Amt der NÖ Landesregierung

December 14^th, 2020

https://www.noe.gv.at/noe/Datenschutz.html