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Are the houses being remodeled?

2022-08-02T17:47:31.904Z


In the Kleinberghofen housing dispute, the Munich Administrative Court made decisions. But many questions remain unanswered.


In the Kleinberghofen housing dispute, the Munich Administrative Court made decisions.

But many questions remain unanswered.

Kleinberghofen – As reported yesterday, the administrative court rejected the claims of the developer and two owners in the house dispute in Kleinberghofen.

Only one tenant was successful in court.

He may stay in one of the four apartments.

But what's next?

The district office of Dachau, against which the plaintiffs had taken action, has a clear opinion on this.

The developer a proposal.

Not far from the parish church of St. Martin in Kleinberghof are the two semi-detached houses in a beautiful location on Mayor-Rothenfusser-Strasse, which have been the subject of heated arguments for some time.

Completed in June 2020 in the exemption process, there are two residential units in each property;

one each goes over the ground and first floor and has 170 square meters of living space, the other two have 75 square meters and are on the top floors.

Two of the apartments are inhabited, two are empty.

The builder of the semi-detached houses violated the development plan of the municipality of Erdweg;

According to current information from the municipality, it exceeded the building space in one house by 11.91 square meters and in the other by 1.09 square meters.

The Dachau district office then issued a ban on the use of both properties and imposed fines on two of the apartment owners of 5,000 and 4,000 euros respectively.

The developer, two owners and a tenant complained against the authorities' actions.

The 11th Chamber of the Munich Administrative Court (VG) had to rule on a total of six lawsuits – as reported in our Tuesday edition, it dismissed five.

Only the tenant was right;

he can stay in his apartment.

Only the tenor of the respective judgments is currently known, the reasoning has yet to be laid down by the Chamber.

Now the big question arises: How should the two semi-detached houses continue?

The District Attorney's Office issued a clear statement on the matter.

"The verdicts are not surprising, but their clarity is very important," said district office spokeswoman Sina Török.

However: "The so-called exemption procedure can only work and be accepted if violations of the stipulations of the development plan are sanctioned appropriately." Of course it is regrettable that in individual cases tenants and buyers are also affected by such "defectively" built buildings.

And their authority understands their difficult situation, Török continued.

"However, it can and must be expected that builders, especially professional property developers, adhere to the - municipal - specifications," said the spokeswoman.

Unfortunately, numerous examples would show that this is not always the case.

Without the clear judicial statements in this case, the method could "deliberately build more and differently, then quickly sell and rent, then nothing happens," says Török.

This would not be conveyable to all builders who observe the legal and municipal requirements.

Erdweg's mayor Christian Blatt is ready to talk, but sees the developer's turn.

“The developer never formulated a compromise proposal to the municipality.

His solution was the application for exemption, ”said the community leader.

“It is not the task of the municipality to propose a solution here.

This has to come from the property developer.” According to the current legal situation, a building permit cannot be granted, according to Blatt.

The developer told the Dachauer Nachrichten: “You have to give in to the demands of the administration and the community and do it all differently.” The entrepreneur brought a conversion of the houses into play.

He himself has never done anything like this, but it is possible in terms of effort and is probably "the last option".

A complaining owner, who had bought one of the houses as an investment, wanted to rent it out and now fears that she will no longer be able to service her loans, was reluctant.

"I can't do anything until I know the reasons for the verdict," she said, announcing that she would consult with her lawyer.

It remains to be seen whether she will appeal against the administrative court's decision.

As reported, the developer's defense attorney, Daniel Pfluger, brought up demolition at the on-site visit in Kleinberghofen last week if the houses "cannot be liberated".

Mayor Blatt contradicts this: "I'm far from assuming that the semi-detached houses will actually be demolished."

Source: merkur

All news articles on 2022-08-02

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