Demolition of the clandestine buildings probably "inevitable": Petition Committee is campaigning for tenants

Created: 09/28/2022, 13:20

By: Carl Christian Eick

According to the Petitions Committee, tenants such as the Riediger/Mächtlinger family should be given one year to find new living space.

© Sabine Hermsdorf-Hiss

The petitions committee of the Bavarian state parliament has dealt with the illegal buildings in Wolfratshausen.

The result is a "requirement" for the district building authority.

Wolfratshausen/Munich - "The demolition of the houses seems inevitable": The committee for petitions and complaints of the Bavarian state parliament, commonly known as the Petitions Committee, dealt with the illegal buildings on the Isarspitz in the Wolfratshausen district of Weidach on Wednesday morning.

The three rented single-family houses are to be leveled again at the behest of the lower building control authority at the district office in Bad Tölz (we reported).

The client from Geretsried defended himself against this decision in court - and with a complaint about the district authority, which he addressed to the petitions committee.

But he cannot expect any help from the 14-member committee.

The non-partisan committee, according to reporter Benjamin Miskowitsch (CSU) to our newspaper, is instead campaigning for the tenants.

Demolition of the clandestine buildings in Wolfratshausen probably "inevitable": Petition Committee is campaigning for tenants

According to Maya Mantel, head of the district building authority, the buildings at Isarspitz 24, 24a and 25 deviate completely from the building permit originally issued.

Mantel received support from the Administrative Court (VG) and the Bavarian Administrative Court (VGH).

Both dismissed the lawsuit of the client in unison, who later wanted to obtain a building permit for the three single-family houses.

The 1st Senate of the VGH finally said no to the request in the last instance.

Can't take the separation of powers ad absurdum?

Benjamin Miskowitsch (CSU), rapporteur in the Petitions Committee

The Petitions Committee discussed the Isarspitz case for half an hour on Wednesday.

Miskowitsch, a member of the state parliament from the Fürstenfeldbruck constituency, had already emphasized in advance: On the one hand, the case was "legally decided" - and on the other hand, the city of Wolfratshausen rejected the subsequent legalization of the forbidden by drawing up a development plan.

In other words: the petitions committee can neither “take the separation of powers ad absurdum” nor force the municipality (according to the building code it has planning sovereignty) to create building rights.

State politicians advocate a one-year grace period for tenants

The proposal that Miskowitsch submitted to the committee is as follows: Starting today, the three tenants will be given one year to find new housing.

"The requirement - this is to be understood as an urgent appeal" - to the district building authority in Bad Tölz means: The date of October 1, 2023 should be in the demolition order.

The Lower Building Inspectorate is not "mandatorily bound" to this requirement, but Miskowitsch, with a view to tenant protection, assumes that the district building authority will not turn a blind eye to the appeal of state politicians.

The vote of the committee was unanimous.

Benjamin Miskowitsch: The CSU member of the state parliament from the constituency of Fürstenfeldbruck was the so-called rapporteur on the illegal buildings in Wolfratshausen at the meeting of the petition committee.

© Archive

The Mammendorfer sums up that the demolition of the pretty single-family homes is “inevitable” with the highest probability.

Unless there would be a change of heart in Wolfratshausen's city council - and a development plan would be drawn up for the said properties, which are located outside.

However, Miskowitsch considers this to be "rather unlikely" in view of an unequivocal statement from the Wolfratshausen town hall.

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District Administrator Niedermaier: Client has "grossly disregarded" laws

A second possible option: The lower building control authority "could check again" whether the houses "can be reduced" to a permissible level.

This has so far been categorically ruled out by both the head of the district building department, Mantel, and district administrator Josef Niedermaier.

The client, according to Niedermaier, "grossly disobeyed the law" and said "that he will get away with it".

In his own words, the client has already paid a fine of 50,000 euros

A year's grace period for the residents of the houses - according to the stipulations of the state parliament, this also applies to the client, who thus collects a further twelve months' rent.

“We have to accept that,” admits Miskowitsch.

He emphasizes that Solomonic's solution is primarily about the tenants: "The three families are the least responsible for the misery, they didn't know that they were renting illegal buildings." The client, who had already had to pay a fine of 50,000 euros, is with the threatened demolition of his real estate (according to his information, the Geretsrieder invested around 2.5 million euros) "already severely punished", says the CSU politician.

Also read: On December 11th there will be a referendum in Wolfratshausen

The district office is still reluctant to react to the petition committee's requirement.

"We are waiting for the official statement," said authority spokeswoman Marlis Peischer to our newspaper.

"Everyone involved will receive an impression within two weeks," announces Miskowitsch.

The client himself did not respond to an email inquiry.

If he is served with a demolition order, he can appeal against it.

(cce)

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