After years of dispute: wheelchair users can keep the terrace

For years, the community of Gröbenzell and a citizen fought over an extended terrace.

Finally, a comparison was made.

Now the argument is over.

• A wheelchair user in Gröbenzell has enlarged the terrace of her rented apartment on her own initiative.

• The owner, the community, asked for it to be dismantled.

• Now the court has decided: The community is in the right.

Update from March 4th, 2021:

After years of dispute - most recently in court - Concetta Tatti from Gröbenzell and her lawyer Johann Böhmer reached an agreement with the town hall.

The wheelchair user may keep her extended terrace at her own expense.

In order to prevent water from building up on the house wall, Tatti only has to enlarge the gap to the wall to three centimeters, according to a press release from Böhmer.

In addition, the rent and their deposit increase.

If Tatti should move out of the apartment, she has to remove the wooden planks again.

Böhmer and the community's lawyer, Theo Krieglsteiner, had worked out the settlement and agreed with Tatti, who had made it easier to end the dispute, and the community administration.

A settlement that the local council unanimously approved in a closed session.

Two pending legal disputes are declared settled by the attorneys.

(sus)

The court has decided: Gröbenzell wheelchair user has to dismantle the terrace

First report from September 25, 2020:

Gröbenzell - A legal dispute has been simmering between the community of Gröbenzell and a wheelchair user for years.

The woman had rebuilt her terrace on her own - so that she could use it at all, as she says.

Now the verdict is clear: the terrace must not stay like this.

The Gröbenzellerin Concetta Tatti is visibly disappointed with the judgment of the Bruck district court.

Tatti suffers from an autoimmune disease and is dependent on a wheelchair.

She lives in an apartment belonging to the community and had expanded the terrace on her own.

Most of it now has to be dismantled.

Tatti emphasizes: "The fact is, if I hadn't taken care of the flooring on my terrace myself, I wouldn't have been able to use it." She will continue to fight for her rights as a disabled woman, she has already announced.

The last word has not yet been spoken for her lawyer Nicole Brabant either.

They may appeal.

"The literal implementation of the judgment would mean that the use of the terrace would again lead to a considerable risk to my client."

The original terrace was too small for the wheelchair user

The problem: The original terrace had proven to be too small for the wheelchair user.

Because there was a gravel area directly adjacent to the paved area.

And this became a bad trap twice, as Tatti reports.

She got caught in the gravel with the 130 kilogram power wheelchair and couldn't get out again without help.

So she came up with the idea of ​​enlarging the terrace with wooden planks without a permit - by more than double the size from 4.5 to ten square meters.

However, this was not without consequences.

Your landlord - the community of Gröbenzell - initially requested the complete dismantling.

That was also justified.

The gravel area is available to all tenants as a communal area and is used for the infiltration of rainwater.

During the court hearing, the municipality offered to remove the extension of the terrace at its own expense and to enlarge the original terrace by 50 centimeters.

Expert notes: The terrace is big enough

An expert appointed by the court found in an expert opinion that the original terrace area with a length of 2.55 meters and a width of 1.80 meters was sufficiently large.

The minimum area to be able to move with an electric wheelchair is only 1.50 by 1.50 meters.

However, there is no demarcation to the gravel area and the paved area ends directly next to the patio door.

She advised to extend the original area by at least one meter.

The court accepted this suggestion.

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Susanne Schwind