Black buildings are demolished: families lose their homes - district administrator explains the background

Created: 03/24/2022, 13:23

By: Carl Christian Eick

The wrecking ball hovers above them: The house at Isarspitz 25, which Jens Riediger and his partner Christine Mächtlinger have rented, is a black building, according to the district building authority.

The same applies to the single-family houses at Isarspitz 24 and 24a.

There is no alternative to demolition.

© Sabine Hermsdorf-Hiss

The demolition of three single-family houses in Wolfratshausen becomes concrete.

The black buildings have to go - sooner than the tenants think.

Wolfratshausen – The impending demolition of three single-family houses in the Weidach district of Wolfratshausen is making headlines across Bavaria.

In a conversation with our newspaper, district administrator Josef Niedermaier explained further background to the decision - and Maya Mantel, head of the district building office, corrected statements by tenants: The demolition excavators should arrive in Weidach much earlier than the residents of the three residential buildings believe.

Black buildings demolition: Families lose their homes - the district administrator names a specific date

The construction project in the outdoor area at Isarspitz 24, 24a and 25 was preceded by a tough dispute between many of those involved in the procedure many years ago.

Local politicians who were influential at the time and had the best networks were also heavily involved behind the scenes when it came to the property of a prominent Wolfratshausen family.

Even the supreme building authority in the Bavarian Ministry of the Interior and the petitions committee of the Bavarian state parliament were involved.

Finally, in 2010, the district authority in Bad Tölz gave a positive preliminary decision to a developer from Geretsried, who had meanwhile bought the area, against the declared will of the city of Wolfratshausen.

District Administrator confirms: Black buildings in Wolfratshausen must be demolished

This was "a compromise", according to District Administrator Niedermaier in retrospect.

He has been in office since 2008 and was given the Isarspitz project as a legacy, so to speak.

In 2014, the property developer received the building permit because the preliminary decision that had been issued "had a legally binding effect," explains the head of the district building department, Mantel.

She, too, inherited the now imposing mountain of files from her predecessors.

Despite the fines: the builder ignored the district office and simply continued to build

Niedermaier emphasizes that what happened from 2014 on the three 3000 square meter building plots in the east of Weidach was very well controlled by the district authority.

And since everything was apparently not going right on the Isarspitz, the district office had imposed a construction freeze more than once.

The client ignored this - the result was the ordering of a five-digit fine.

But this measure had no resounding effect, the work had been diligently continued.

Three houses are illegal buildings: All three must be demolished

Niedermaier and Mantel resolutely reject the accusation from neighbors that the controls were far too infrequent.

Strictly speaking, the authorities could do without controls entirely, because: The full responsibility lies with the client, who knows in detail what he is allowed and what is forbidden based on the building permit.

When there were first indications that construction work and approval differed, the client was asked to submit a so-called Tektura application.

The building committee of the Wolfratshausen city council unanimously rejected this with loud disapproval - and after a detailed legal examination of the application, the then head of the building department at the district office, Oliver Kellermann, came to the conclusion in 2017: All three single-family houses are pure black buildings.

The consequence: All three buildings have to be leveled to the ground.

Families become homeless - district administrator sees the blame on the builder

Niedermaier asserts that the building inspector did not take this momentous decision lightly.

Unlike usual, "I was even consulted on the process."

From his point of view, the decision is set in stone, Mantel seconded: "There is no alternative to demolition." The legal situation is clear and "we can only decide on the basis of law and order".

Since the three single-family houses would "completely" deviate from the building permit, "we can't just eliminate a little bit," says the head of the district building office.

Tenants have to look for an apartment in the south of Munich - now there is a demolition date

Mantel has more bad news for the tenants: Jens Riediger and his girlfriend Christine Mächtlinger, who rented the house at Isarspitz 25 with their four children, reported to our newspaper that the property developer would have to insure the district authorities by October 1 of this year at the latest , that he tears down the black buildings.

Mantel corrected a serious point: "The demolition must be completed by October 1."

The client, who has to pay for the demolition, has not yet promised this in writing.

Why was it possible to rent out the houses, which, viewed through the eyes of a building lawyer, do not even exist?

"Once again: the full responsibility lies with the client," answers Niedermaier.

In principle, neither the municipality nor the district have to be notified of a rental.

"We do not live in a surveillance state."

If the developer offered the houses "for a use" that was not legally permitted, "we're talking about civil law," says Niedermaier.

Then the landlord and tenant would have to argue about this problem.

The district administrator put it in a nutshell: "You can't have a house without a building permit, so I can't rent anything either."

Black buildings: district office rejects expropriation - "do not become legal if they change owners"

The head of the authorities cannot take the idea that the district would collect the three illegal buildings as a kind of penalty and thus expropriate the client seriously: "The houses would not be legal if they changed owners." In addition, there are no sharp sanctions for expropriation Legal basis: "Fortunately, we do not live in a dictatorship."

You can read all the news from Wolfratshausen here.

Niedermaier and Mantel also cite the principle of equality as a reason for the termination.

Demolition orders have already been carried out in the district in the past.

"If the district building authority now turns a blind eye on the Isarspitz, what do I tell the others?" the head of the authority asks rhetorically.

He and the head of the district building department consider the ultima ratio to be inevitable.

Both regret the fatal consequences for the tenants of the three single-family houses, but the impending catastrophe for the families is the responsibility of the builder - not the authorities.

And who will help the families to find a new roof over their heads?

"You have civil law contracts with your landlord," says Niedermaier.

All questions that revolve around possible compensation or adequate new living space would have to be clarified with the landlord.

The builder of the clandestine buildings is silent on the allegations - the state parliament is dealing with the case

The client himself has not yet responded to our newspaper's request for a statement.

As reported, he has taken legal action.

After the administrative court in Munich rejected his demand to subsequently get a building permit for the illegal buildings, he intends to appeal the verdict.

The Administrative Court (VGH) Munich decides on this application.

Parallel to this process, the Geretsried-based company asked the Petitions Committee of the Bavarian State Parliament for help.

Both of these only play a limited role in the ongoing demolition process.

One will not wait for the VGH's decision on the appeal, says Maya Mantel.

On the other hand, probably on the opinion of the Petitions Committee on the Isarspitz cause.

"It's the norm," explains Niedermaier, it's a sign of "respect for the state parliament."

It is not certain when the committee will comment on the illegal buildings in Loisachstadt.

“A fait accompli”, says the head of the district building office, will not be achieved by this day.

For the three families on the Isarspitz, this is only a small consolation at first.

As of now, all three will lose their homes very soon.

(Our Wolfratshausen-Geretsried newsletter keeps you regularly informed about all the important stories from your region. Register here.)