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Fischbachau: Statutes passed as a sign against hardly used apartments

2022-01-26T06:09:59.206Z


Fischbachau: Statutes passed as a sign against hardly used apartments Created: 01/26/2022, 07:00 By: Christian Masengarb Difficult classification: Anyone who uses their apartment for less than 184 days a year will have to have it approved by the municipality in the predominantly tourist districts of Fischbachau. Birkenstein (photo) falls into this category. In other districts, the division prov


Fischbachau: Statutes passed as a sign against hardly used apartments

Created: 01/26/2022, 07:00

By: Christian Masengarb

Difficult classification: Anyone who uses their apartment for less than 184 days a year will have to have it approved by the municipality in the predominantly tourist districts of Fischbachau.

Birkenstein (photo) falls into this category.

In other districts, the division provides for a need for discussion.

© Thomas Plettenberg

The Fischbachau municipal council has passed a statute that aims to combat hardly used apartments in many districts.

The scheme has supporters and critics.

Fischbachau - The six Fischbachau municipal councils, who voted against the statute for combating hardly used apartments at the most recent meeting of the committee, make it clear how controversial the project has become.

The committee passed the statutes against the will of Andreas Estner, Bernhard Kafl (both FWG), Katharina Schreyer, Andreas Gschwendtner (both CSU), Thomas Kantenseder and Peter Rauffer (both FaB).

Nevertheless, further points of criticism have been added to the previous ones.

Also read:

"Will be bought": Fischbachau municipal council wants to put the brakes on second homes

Fischbachau: Statute as a sign against hardly used apartments

All local councils support the aim of the statute to avoid apartments with shutters closed almost all year round, while living space and overnight beds are missing around them. The discussion arose on its legal basis.


According to Section 22 of the Building Code, the statute will in future require tenants who use their apartment for less than half the year to have this use approved by the municipality. If they don't do this or if they pretend to be using it incorrectly, they face fines of up to 50,000 euros. Thanks to the statute, the municipality can theoretically prevent apartments that are hardly used. In practice, the implementation raises difficulties. The problem that was most clearly discussed this time: Paragraph 22 only applies to areas predominantly dominated by tourism, in which it is intended to secure the tourism function. It is not intended to curb second home ownership.


The new statute therefore does not apply to the entire municipal area, but only to districts that the administration has classified as mostly touristy.

These are the center of Fischbachau with Birkenstein, Aurach and Hammer, Ried and Lehen as well as Mühlau, Marbach and Lehenpoint.

All other districts are - at least for the time being - not included.


Andreas Gschwendtner (CSU) criticized this subdivision: “There are some districts that are hardly used by tourists in the statute, and other, more heavily used districts outside.” A fundamental problem for him.

It is hardly fair to define which areas are more touristy than others.

"I will not agree."


Fischbachau's managing director Johann Neundlinger confirmed yesterday when asked: The law does not specify fixed specifications as to when a district is primarily used for tourism.

The administration has therefore selected the areas to the best of its conscience.

However, it is easily possible to include other areas in the statute in the future.


Michael Gartmaier (CSU), who applied for a statute according to paragraph 22 for the first time in November 2019 and thus put the topic on the agenda, argued at the meeting that the statutes must of course be maintained and adjusted over time.

Nevertheless, the starting signal is important.


Gschwendtner also addressed points of criticism that have accompanied the statute for years.

If the municipality wants to take action against an empty apartment, it must prove in a legally correct manner that it is used for less than half the year.

That is hardly possible: “Should the neighbors check that?

We don't want that.


The supporters of the statute counter that the statute conveys a clear message to investors and tenants, despite open questions.

Gartmaier: "We have to take a stand against speculators."


FWG spokesman Simon Irger voted in favor of the statute but said it protects holiday homes, not housing for locals.

"That's right and important for a tourist community." However, the statute will not alleviate the housing shortage.

“We will not achieve what we actually hope for.”

Source: merkur

All news articles on 2022-01-26

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