Solar dispute in Regensburg: a couple sues the monuments office because of PV systems on a former Nazi building

Created: 11/22/2022, 21:41

By: Stefan Aigner

In the course of the weakening of monument protection, a wide variety of extensions were built in the Ganghofersiedlung.

That was no problem.

The use of solar power on these extensions obviously does.

© City of Regensburg

Because a settlement is a listed building, the city of Regensburg wanted to restrict a couple from building solar modules.

In the past, people were more generous when it came to softening the protection of monuments.  

Regensburg – When the Ganghofersiedlung in the south of Regensburg was sold to a well-known property developer in 2008, monument protection does not seem to have been very important to the city of Regensburg.

Since 1999: "Siedlung Göring-Heim" in Regensburg is a listed building

The approximately 300 single and multi-family houses were built in 1939 as the "Göring-Heim settlement" for the employees of the Messerschmitt works.

As an example of National Socialist settlement policy, the settlement was placed under ensemble protection in 1999 by the Bavarian State Office for the Preservation of Monuments.

Since then, the settlement has changed hands several times.

Larger renovations or the sale of individual houses were always made more difficult or refused with reference to the protection of the ensemble and a design statute issued in 2005.

Students, small retirees and families lived in the little house with a garden, which had not been renovated for a long time.

The Ganghofersiedlung was a multi-generational quarter with low rents.

2008: A well-known property developer buys a listed estate

When the housing association IGEWO put the estate up for sale in 2007, the city of Regensburg – then governed by CSU Mayor Hans Schaidinger – did not want to purchase the ensemble itself.

And so the Ganghofersiedlung first went to the Landesbank Baden-Württemberg and from there a year later to Grüne Mitte GmbH, a subsidiary of the "Immobilien Zentrum Regensburg" group, whose boss was a central figure in the Regensburg corruption scandal that was exposed in 2016.

After purchase by property developers: City softens monument protection

For the luxury renovation of the quarter by the property developer, called "revitalization", the city then softened the monument protection and granted generous exceptions to the design statutes.

Now not only garages and carports were allowed, the city even approved individual underground garages, previously forbidden dormer windows and additional extensions.

While the former residents were largely pushed out of the district due to a lack of appropriate finances, a more solvent clientele now came into play.

Among other things, a couple bought one of the houses in 2015, which can now be sold individually.

For a long time, the city was strict about solar systems - because of monument protection

The two physicians had their single-family home on Von-Richthofen-Strasse renovated in such an exemplary way that it received several architecture awards.

At first, however, they hit hard at the city when they wanted to install additional solar systems on the building.

Because while the monument protection had been massively softened in favor of the luxury renovation by the property developer, the municipal authorities opposed each other for a long time when it came to solar systems - after all, it was said that this was a listed ensemble.

(By the way: Our brand new Regensburg newsletter will keep you regularly informed about all the important stories from the World Heritage city and the Upper Palatinate. Register here.)

2020: City allows solar systems - but only after examination in individual cases

Only after several homeowners put pressure on them, threatened lawsuits and went public, and probably also because of the election campaign at the time, were the statutes adjusted again in mid-2020 after initial resistance by the mayors Gertrud Maltz-Schwarzfischer and Jürgen Huber.

Solar systems on the new extensions were now allowed.

At least in principle - after a case-by-case examination of what is now approvable and what is not.

Because of unapproved solar modules: couple sued the city of Regensburg

The weighing decision of the municipal monument office in their project finally prompted the medical couple to file a lawsuit, which has now been heard before the administrative court in Regensburg.

Because the reasons why the Monuments Office only wants to approve 18 and not the requested 20 solar modules do not make sense to the two.

You speak of arbitrariness and unequal treatment.

Regensburg Administrative Court has many questions about monument protection

The second chamber of the administrative court took its time for its decision.

A site visit was even scheduled to inspect the building.

And the judges don't really seem to be convinced by the arguments of the city's monuments office.

According to the chamber, there should be important reasons for monument protection against the two additional solar modules.

What are they?

The representative of the monument protection goes far.

The Gangshofersiedlung was a Nazi workers' settlement.

Here there were large gardens for self-sufficiency.

And this settlement character should be preserved.

Monument preservationists of the city of Regensburg: "You had to make compromises."

When the protection of the ensemble was softened in favor of the "Immobilien Zentrum Regensburg" group, compromises had to be made.

And so extensions were approved.

However, under the condition that their roof areas would have to be greened in order to take account of the original design.

When solar systems were later approved for the extensions, the preservation of monuments had to check when they were causing a "disruptive effect" and when not.

And then it's not just about the sheer number of solar modules on a roof.

Court is not convinced: Why only 18 and not 20 solar modules?

After all, the additions are of different sizes, the municipal preservationist notes.

And in fact, in the course of the generous softening of monument protection in favor of the property developer, not only the most varied sizes and heights of the extensions were allowed, but also individual designs of the facade.

In this respect, according to the preservationist, it is about the proportion of the area that the solar modules are likely to take up.

And there are 18 in order and 20 too many.

The board is not convinced.

The judges object that the disputed parts of the solar system are not visible at all from the outside – from public streets and squares.

Monument preservationist argues with appearance and substance protection

That's correct, replies the representative of the preservation of monuments.

But direct neighbors could already see one or the other solar panel.

And it is also a principle of monument protection that you don't just get the front side of a building.

There are already residents who don't think it's so nice what has already been created in the Ganghofersiedlung.

But, the chamber now objects, there are also places where solar modules have been approved even though they can be seen from the outside.

That is also correct, admits the preservationist.

However, it is not only about the appearance, but also about the protection of the historical substance.

And the more solar modules that are approved in the immediate vicinity of the historic building, the more of this substance is lost.

Preservationists warn: the monument character of the settlement could be lost

Both the appearance and the protection of the substance must be taken into account when considering a monument.

This is a "practical problem" that one could perhaps "smile at".

"But that's how it is."

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The danger is, according to the monument conservator, with reference to solar systems that have already been approved: "If things continue as they are now, the State Office for Monument Preservation will soon remove the ensemble from the list", i.e. the entire Ganghofersiedlung monument would no longer be one.

Monument preservationists on the new regulation: Suggestions from experts were not taken into account

The two plaintiffs cannot understand all of the objections raised by the city's monument preservation authorities.

Her lawyer objects that the consideration made is inherently inconsistent.

There are neither specifications for the uniform design of the extensions in order to preserve the original character of the settlement, nor for their placement, nor for the visibility or non-visibility of the solar modules.

Yes, there are no clear regulations in the design statutes, admits the representative of the preservation of monuments.

You would have wished for something else.

"At the time, we suggested that only two-thirds of the roof area should be used for solar systems." This would have been an understandable requirement.

But that was not taken into account "by the official bodies".

And so it remains with individual considerations of the Monuments Office, which seeks to defend an ensemble whose protection was given up in 2008 in favor of luxury renovation.

Regensburg Administrative Court: City must approve solar modules

In the end, the second chamber of the Regensburg administrative court was not convinced by the city of Regensburg's arguments.

The judges agree with the plaintiff couple.

Now the city has to grant the monument permit for the installation of the requested 20 solar modules.

The court does not allow an appeal.

It is not yet known whether the city of Regensburg will take action against the decision (and, for example, file an application for approval of the appeal).