A villa above Lake Starnberg in Leoni is to be demolished.
This is what the district office requires - the building permit has expired.
Leoni
- The owner of a house in Leoni's nightmare is threatening to come true: he has to tear down his villa because it is not located outside with permission.
That's what the district office wants - and the legal process seems to have been exhausted.
“The owner was asked to remove the inventory by June 30th,” reported Mayor Rupert Steigenberger at the most recent meeting of the Berger municipal council.
“Otherwise there will be a removal order.”
Villa in a dream location - but the building permit has expired
The house in question has a dream location: quiet, surrounded by old trees, above Lake Starnberg, 300 meters as the crow flies to the lake shore.
The building itself is manageable.
The original floor area is 107 square meters.
There are a few other houses in the neighborhood, but at a considerable distance.
The building law describes this collection of isolated houses as a splinter settlement; according to building law, the house is located outside.
This is exactly what is now the villa's downfall: because its owner had the roof structure removed, the building permit for the building expired.
The fact that this happened in the course of work on an approved extension of around 60 square meters is irrelevant.
This cultivation permit has also become invalid because its basis, namely the permit for the main house, is now missing.
The Berger local council had refused to approve the extension some time ago, but the district office approved the plans and the client started the extension and renovation work on the building.
However, when the roof was tackled in the course of this work and even completely removed, the building authority in the district office stopped the construction work - citing the lack of a building permit because the statics and roof had been interfered with.
That was in 2021. Since then, the work of craftsmen has been suspended, but not that of lawyers.
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Legal avenues have been exhausted – at least a positive outcome for Café Rosengarten
Understandably, the builder tried to preserve his house.
A building application that he submitted for the building and that would have legitimized its existence was unsuccessful given the location outside.
The attempt to consider the fragmented settlement as a district, which would mean that the house would be located indoors and would have been eligible for approval, failed before the Munich Administrative Court.
The court dismissed the lawsuit.
The next instance, the Bavarian Administrative Court, refused to negotiate, and the court also rejected a complaint, as Steigenberger explained to the local council.
This means that the legal options in the case have been exhausted.
In the municipality of Berg it is not the first time that a house has to be demolished because there is no permit.
The most famous example is the tower that the Berger entrepreneur Siegfried Genz built for his father's mortar collection.
The mortar tower stood outside without permission for around 20 years, and its existence was disputed in court for 15 years.
Another prominent black farmer was Franz Josef Strauß's former personal physician, Dr.
Valentin Argirov.
He had to have a wing of his huge villa in Berg torn down - it was far too big.
However, the roof of the former Rosengarten café in Assenhausen had a positive ending for the builders.
It also didn't have a valid building permit because it had been built before without permission.
When the new owners also replaced the roof, it was clear to the building authorities in the municipality and district office that the existing protection had also been forfeited there.
However, the administrative court saw it differently - the house is still standing.
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