Black buildings in front of the gates of Munich are threatened with demolition - the mayor is stubborn

Created: 07/31/2022, 07:11

By: Thomas Zimmerly

Bigger than allowed: the two semi-detached houses in Kleinberghofen.

© zim

A bitter dispute has developed over two semi-detached houses in Kleinberghofen.

Because the construction limits were exceeded, the district office imposed a ban on use.

Kleinberghofen

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In the middle of Kleinberghofen (district of Dachau), a number of semi-detached houses have been built in the area of ​​the Burgermeister-Rothenfusser-Straße over the past few years.

There have been serious disputes for some time about two of these semi-detached houses, each of which contains two apartments.

There was talk of dismantling or even demolition.

The developer has - and this is undisputed - exceeded the construction limits.

And the rumor persisted that three apartments had been built in one half of the house instead of the two stated.

Around 30 people gathered in front of the two houses on Thursday, because the 11th Chamber of the Administrative Court (VG) in Munich was meeting to clarify the matter.

Among others, Erdweg's mayor Christian Blatt as well as Anja Laumbacher and Alexander Krug from the district office were present at this on-site visit.

Black construction apartments in the district of Dachau are empty

In both houses, which were completed in June 2020 in the so-called exemption procedure, i.e. in a simplified procedure for smaller projects, in which the stipulations of the development plan must of course be observed, one of the apartments is on the ground floor and upper floor and has 170 square meters of living space.

In each case there is a penthouse with 75 square meters of space.

In each of the two houses there is an empty apartment that the respective owner actually wanted to rent out.

However, the district office of Dachau has prohibited this.

Because "de facto", as Blatt said, the owners "bought a black building" from the developer.

Dispute over clandestine buildings: the mayor makes it clear - the development plan was already generous

The head of the municipality in Erdweg was angry because the municipality had issued a development plan – with the participation of the property developer who had been involved in drawing up the plan, according to Blatt.

The building spaces were determined before construction began.

Blatt: "We are in a large densification area, the development plan was already very generous in terms of densification, also in the construction spaces.

And it was built over it.” In one house by 8.9 square meters, in the other by 1.4 square meters.

He didn't want to discuss whether it was a planning error or even intentional.

By the way: everything from the region is also available in our regular Dachau newsletter.

The matter finally went to the district office, which decreed that a tenant who had already moved in had to leave his apartment again and that two other potential tenants were not allowed to move in at all.

In addition to the ban on use, it imposed fines of 5,000 and 4,000 euros on two owners of the apartments.

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Developers, owners and tenants did not want to put up with this and filed a total of six lawsuits against the decisions of the district office.

And the presiding judge Johann Oswald and his four colleagues from the VG had to process this request on site after they had inspected both houses in detail.

Court must decide on illegal buildings - exceeding the construction limits in a house large

At the main hearing in the open air on Thursday, July 28, Oswald first cleared up the rumor that there were three apartments in one house.

“What is decisive for us is what is shown in the building plans.

After that, we assume that two apartments have been applied for, which is permissible.”

However, the chamber recognized a problem in exceeding the construction limits, which are "relatively large in one house and relatively small in the other".

The chamber only noticed an even bigger problem at a glance, namely that the planners had added an adjacent plot of land - a kind of free seat - "that is not in the area of ​​the development plan," said the chairman.

what should happen

Judge Johann Oswald (with hat) at the site visit.

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Black buildings in the district of Dachau: Tenants and developers express criticism of the district office

The lawyers for the developer, Daniel Pfluger, and an owner, Bettina Neheider, also had their say as the process progressed.

Both sharply criticized the district office.

"We tried - also via the district administrator - to get an appointment, but no one spoke to us," said Pfluger.

Her client also called the district office, Neheider added, "but she just ran into a wall."

The representatives of the authority rejected this.

"I would like to reject the fact that no talks were held," said Krug.

And his colleague Laumbacher added: "We answered the letter every time!" In addition, she let it be known that her authority would not collect the penalty payments until the procedure was completed.

Black building demolition only logical consequence

Chamber chairman Oswald finally asked the group how things should go on.

Blatt has been stubborn: "Just because I made a planning error - I don't think it's right to approve this building space retrospectively in the course of equality!" Attorney Pfluger, on the other hand, said that if the ban on use was based on an insurmountable violation of the building limit and the houses "cannot be liberated, then the only option is to demolish them"!

His colleague Neheider said: "In the end, the victims are those who live here and who had nothing to do with the planning error." An owner who bought one of the houses as an investment and now wanted to rent it out also sees it that way.

She will soon no longer be able to pay her loans, she said, and: "It is a threat to her existence!"

As of Thursday, July 28, no verdict was issued.

It is expected during Friday, July 29th.

You can find more current news from the district of Dachau at Merkur.de/Dachau.