It sounded so nice: creating living space for Dachauer with a local model.
But the project is stopped, the legal hurdles are too high.
Dachau
- Dachauer Stadtbau GmbH has been planning a large residential project on Otto-Kohlhofer-Weg for years.
Half of the around 60 apartments were to be sold as part of a local model.
The city regrets that “legal hurdles” have now brought the project down.
The Erdweg community made the dream of owning their own home possible for a handful of citizens - and ended up going to court. As reported, a couple who wanted to sell their own home bought in the municipal building land model at market prices had sued the municipality; she had insisted on her contractually agreed right of repurchase and argued that the buyer of the property knew what he was getting into with this tax-financed building subsidy. The Munich district court approved the Erdweg community, saying that the contractual conditions in their building land model were "clearly formulated".
In the town halls in the city and district of Dachau, the judgment from Munich provided relief. Thomas Ernst, treasurer of the large district town, thinks: “You want to support a certain clientele with the local model and consciously avoid higher prices. But you set up rules that you have to adhere to. ”The fact that Erdweg resisted when his building land model was to be unilaterally exploited is“ completely understandable. They had to fight back! "
Despite the dangers inherent in an unclean formulation of a local model, the city of Dachau had finally taken the risk. Stadtbau GmbH was to build 61 apartments and a parking garage on Otto-Kohlhofer-Weg in Dachau-Ost. According to the plan, 29 of the apartments were to be rented to lower-income citizens as social housing, and 32 apartments were to be sold cheaply to Dachauer as part of a local model. All residents of the facility should then have parked in a multi-storey car park - as well as the employees of the nearby Awo crèche or the Awo kindergarten. A few parking spaces should also be left free for the rest of the neighborhood.
What sounds simple, however, turned out to be “legally extremely highly complicated”, as Kämmerer Ernst sums up. Since it is almost impossible to explain to a reasonable person who is ignorant of EU law and other rules, Ernst sums up the facts as follows: “We failed because of the legal framework.” The conflict caused by the various contracts for apartments and The parking garage “was not dissolvable”. Even a lengthy legal examination by specialist lawyers ultimately led to the result "that it is not possible to implement the local model in this combination within the framework of applicable law". If one had nevertheless dared and half of the complex built with subsidized condominiums and rental apartments, "the city would have threatened considerable economic damage",so serious.
Lord Mayor Florian Hartmann found it difficult to cancel the property project that had been announced two years ago for locals: "That our concern to help long-term Dachau citizens to buy cheap housing in their city fails due to legal hurdles is downright regrettable." The meeting had learned of the problem, according to Ernst, was extremely unhappy about the bureaucratic halt of the project.
The plan B of Stadtbau is now that all 61 apartments are to be rented. However, normal wage earners should now also be given a chance. Accordingly, the 32 apartments that were actually intended for sale will now be rented to Dachauer, whose income is above the income limits of the social housing subsidy. It is hoped that this mix will guarantee a certain social mix of the residential complex on the one hand. But, according to Kämmerer Ernst, it also makes it possible for a perfectly normal Dachau resident, who is now struggling with his normal income on the rental market, to find an apartment.
Meanwhile, the mayor does not want to give up his dream of a cheap home for his citizens.
He “continues to vigorously” pursues the goal of the local model and is “confident of being able to implement it elsewhere”.