ABSTRACT
Within private law-based land use management, the Dutch municipalities not only enter into contracts with developers or owners – as Austrian municipalities also do – but often co-own the land and establish PPP, such as developing companies and so can co-profit from land value increase. The legal, historical, and contemporary context of Austrian land use planning is essential for a general understanding of the current circumstances. 'Building land paradox' is that while on the one hand there are countless unused plots of building land across the country, on the other hand there is a need for rezoning new building land in the land use plans. The municipality is a state authority when changing land use plans and a private actor when entering into private law contracts with landowners that are based on designating certain building land. Enhanced inter-municipal or supra-local planning instruments and cooperation might strengthen the local authorities' position when it comes to negotiated land use planning.
