Demolition order for three illegal buildings near Wolfratshausen: Now the builder speaks

Created: 03/28/2022, 22:49

By: Carl Christian Eick

The tenants, such as Jens Riediger and his partner Christine Mächtlinger, would suffer if the three illegal buildings on the Isarspitz in Wolfratshausen-Weidach were to be demolished, the client points out.

© Sabine Hermsdorf-Hiss

Three new single-family houses in Wolfratshausen, all three illegal buildings, are to be demolished.

Now the builder speaks up.

Wolfratshausen – For the building supervisory authority in Bad Tölz, all trade fairs have been read: The three single-family houses at Isarspitz 24, 24a and 25 in the Wolfratshausen district of Weidach are black buildings (we reported).

"The demolition must be completed by October 1," says Maya Mantel, head of the district building authority.

The client, who our newspaper has assured of anonymity, now admits in a written statement that he made "mistakes".

He was ready to "pay for it" - "but in a sensible way and not accompanied by the destruction of values", i.e. the demolition of the three single-family houses.

Demolition of illegal buildings in the south of Munich: the builder fears for "part of my old-age provision"

He bought the property on the Isarspitz in 2016, explains the client, two years earlier the district office had given the previous owner of the approximately 3,000 square meter area a building permit.

"I didn't realize how problematic the property was and I've never built outside," said the developer, who has been in the business for almost 30 years.

Upon closer examination of the plans submitted by the previous owner's architect to the district office, he found that, in his eyes, "they were not made for sensible living".

An example: "Who would like to have a single-family house where he has to climb five steps?" For this reason, he had the site, which was around 80 centimeters below the street, filled up - in deviation from the building permit.

“Common practice”: the builder expected subsequent approval

Basically, he assumed that, as with indoor construction, it was "common practice" that "planning errors" could be "corrected" during the construction phase and that these measures would be "subsequently" legalized in the course of a Tektur application - "in close cooperation with the authorities".

However, both the city of Wolfratshausen and the district building authority rejected the requested tekturs.

According to District Administrator Josef Niedermaier, the residential buildings deviate “completely” from the building permit issued in 2014: “There is nothing that can be built back to a legal level.”

2.5 million euros "economic assets" would be "destroyed"

The client struggles with the tough decision: "You build for the residents so that they feel comfortable.

That must be the first duty for the planners and the approvers.

I brought all this to the district office, but was not heard.” Geretsrieder asserts that by deviating from the permits he “didn’t create another square centimeter of living space”.

He cannot understand why the building supervisory authority is now demanding the demolition of the three houses by October 1 of this year at the latest: "Who benefits if the houses are demolished?" Presumably only "the authorities, with the satisfaction of having enforced the regulatory policy “.

It is certainly not in the interests of the state if "economic assets in the amount of 2.5 million euros were destroyed",

The ultima ratio for the families would be "the loss of home, the children lose their social environment by moving", and the tenants have "put a lot of heart and soul into the garden design".

The demolition would also seriously damage the environment, and "the tax office, i.e. us as a community" would lose "approximately 50,000 euros in tax revenue" per year.

For him personally, according to Geretsrieder, the demolition of the three properties would mean the loss of part of his old-age provision.

In times of housing shortage, demolishing existing houses is a disaster. 

The builder of the three houses in Wolfratshausen-Weidach, who wishes to remain anonymous

"In times of housing shortage, it is a catastrophe to demolish existing houses," says the client.

Mainly because the city could “legalize the real estate in its current form” with a so-called simplified development plan.

You have to know that the municipality rejected the construction project in the outdoor area in Weidach from the start, and construction was finally allowed because the district office replaced the municipal agreement of the city.

Court: Builder "meet the financial disadvantages that he had to reckon with"

The Administrative Court (VG) Munich has dismissed the client's claim to subsequently legalize the deviations from the building permit in the construction of the houses at Isarspitz 24, 24a and 25.

In the detailed reasons for the judgment, which is available to our newspaper, it can be read that "outer walls, ridge height and roof pitch of the residential building" as well as "other aspects" of the overall project were changed "to a not inconsiderable extent" contrary to the building permit.

Instead of the permitted carports, double garages were built, "with a different spatial positioning" and "significantly larger floor areas".

In addition, the site was "indisputably filled in" before the start of construction and the terrace areas "more than doubled".

Overall, the 11th Chamber of the Administrative Court concluded after an on-site visit in Weidach, that the changes made should by no means be assessed as "merely insignificant deviations" from the originally approved project.

With a view to the demolition of the houses ordered by the building supervisory authority in Bad Tölz, the Administrative Court concedes that this "should be associated with considerable implementation costs" for the client.

But: The builder "ultimately hit the pecuniary disadvantages that he had to reckon with" when he executed the three residential buildings on the Isarspitz "without prior building permit or despite the previous cessation of construction".

(cce)

The client points out that there is currently a shortage of 400,000 apartments in Germany and that he is counting on five million war refugees from Ukraine "who have to be accommodated".

He emphasizes: "It was never my intention to surreptitiously gain added value, but only to build livable living space." atone".

However, there must be a "reasonable" solution.

He does not accept the "destruction of values" in the form of the demolition decision of the district building authority without objection.

After the Administrative Court (VG) dismissed Geretsrieder's claim to subsequently obtain a building permit for the three houses (we reported), he applied to the Munich Administrative Court for permission to appeal against the VG judgment.

At the same time, the client asked the petitions committee of the Bavarian state parliament for support in the Isarspitz case.

In the meantime, the process continues in the district office in Bad Tölz.

"There is no alternative to demolition," states Maya Mantel, head of the district building authority.

(cce)

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