Illegal single-family homes about to be demolished: Munich lawyer comments - "more than questionable"

Created: 05/08/2022 04:48

By: Carl Christian Eick

The idyllic impression is deceptive: on the Isarspitz in the Wolfratshausen district of Weidach, three single-family houses are to be demolished by October 1st.

According to the building control authority, all three are illegal buildings.

© Sabine Hermsdorf-Hiss

In Wolfratshausen, three single-family houses are to be demolished because, according to the supervisory authority, they are illegal buildings.

We interviewed a lawyer about the case.

Wolfratshausen

– There have been rumors in the industry for years: that a Geretsried property developer interprets official building permits as well-intentioned advice that you can certainly ignore is “no secret in our circles,” says an entrepreneur who doesn’t know his name in want to read the newspaper.

"He even boasted about it." Now said client has apparently gone too far.

He is to demolish three of the single-family homes he built in the Wolfratshausen district of Weidach by October 1 at the latest.

The

asked a Munich lawyer for his assessment of the headline-making case - the 64-year-old also asked for anonymity.

Demolition of illegal single-family homes: Why didn't the district office intervene earlier?

As reported, the lower building control authority at the district office in Bad Tölz insists on the demolition of the houses on the Isarspitz.

According to District Administrator Josef Niedermaier, they have nothing in common with the building permit granted in 2014.

The tenants are shocked, the builder tries to get a building permit for the property with the help of the administrative court and the Bavarian state parliament.

Three black buildings near Munich before demolition: Lawyer would strive for "amicable agreement".

In such a case, the Munich lawyer interviewed by our editors would ultimately strive for an "amicable solution for the three parties" - in his eyes a "community of destiny" consisting of building supervision, property owners and tenants - if he were involved in the proceedings.

In view of the acute lack of living space and the serious negative ecological effects, demolishing three houses that are as good as new makes "no sense at all".

In his opinion, in order to act credibly, the authorities "should have looked at the client much earlier" and "resolutely taken action much earlier".

Watching the construction of the three houses for months after all the history and not swinging the wrecking ball until years after their completion, "that is more than questionable".

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

Shock for tenants: three single-family houses in Wolfratshausen before demolition – compromise possible?

What could the solution to the difficult problem look like?

First of all, it has to be determined without a doubt whether the demand from the building supervisory authority is unavoidable from a public law perspective and is therefore watertight.

If so, the goal should still be a “cooperative solution”.

It would be possible to "tolerate" the three houses for 15 years, for example, "then the young families renting would be out of the woods".

In addition, the state should show property owners that building regulations must be strictly observed.

The lawyer does not want to comment on whether the "heavy fine" often quoted in the media is too high or appropriate.

For the reasons mentioned, however, the lawyer considers it necessary to avoid the termination at all costs.

The 64-year-old pleads for pragmatism: "If the bone of contention is an unauthorized double garage, there would certainly be a mediating solution." The city of Wolfratshausen could possibly also legalize the whole thing through a development plan procedure - but the property owner should then have to bear all the costs .

After black building scandal in Wolfratshausen: builder could avoid responsibility

In an interview with our newspaper, the lawyer points out from experience that the person responsible, i.e. the builder, could evade responsibility by transferring the houses to a company that is difficult to grasp.

"The authorities could then have serious delivery problems for further coercive measures and be blocked for years.

It doesn't have to be the company's headquarters in the Caribbean.”

The expert currently sees no real threat to the “tenancy in the narrower sense”.

From his point of view, houses to be demolished because of formal illegality can be used.

However, one should not underestimate the “subjective aspects”: onlookers who murmur over the garden fence “Oh, so that’s how the black peasants live”.

A case like the one on the Wolfratshauser Isarspitz would nowadays also often be exploited on social media “without regard to those involved”.

In addition, there is usually permanent internal pressure, fear of homelessness and insomnia.

"There are different legal opinions about the importance of these subjective aspects," says the lawyer.

Families with children soon homeless?

Lawyer gives the all-clear – “per se not void”

He does not know any details of the Isarspitz cause, but states: "The lease is not void per se in such cases." the existence of the rental agreement and would be associated with a replacement rental.

For example, replacement for installations and conversions as well as garden design, but also brokerage and relocation costs.

However, the legal entitlement does not help a tenant “if he cannot find an equivalent place to stay in the area”.

Rescue of three illegal buildings near Munich?

According to the district office, the client has the right to take legal action

From the point of view of the district authority, the factual and legal situation in the Isarspitz case has not changed since the required demolition of the three single-family houses became known.

However, the press spokeswoman for the district office, Marlis Peischer, emphasizes that “there is no disposal order yet”, but “only a hearing on voluntary disposal by October 1, 2022”.

The client categorically rejected this and instead filed a complaint against the district office with the Bavarian state parliament.

"As soon as a removal order is issued," says Peischer, the client has legal recourse.

Should the Geretsrieder sue against the removal order, this would have a suspensive effect: "Until the final decision, no demolition would take place." (cce)

You can find more current news from the region around Wolfratshausen at Merkur.de/Wolfratshausen.