For the time being, the municipality of Reichling is no longer allowed to allocate building sites using the local model: because its procurement guidelines contradict EU law.
Reichling - The legal supervision of the Landsberg district office criticizes the municipality's current guidelines, according to which locals have previously been able to purchase cheap building land. Now the rules must first be adapted to the current EU law before the municipality can sell discounted building sites again.
In addition, the allocation of the last remaining building site in Kinsfeld must be reversed. Maximilian Schuler from the legal supervisory authority ruled that the municipal council's decision to allocate this property was unlawful in a written statement to the municipality.
That is why the Reichlinger local model is not permitted
The sales of building sites based on the current Reichlinger local model are illegal for various reasons: On the one hand, the Reichlinger model does not take the social aspect into account - there are neither an income nor an asset limit.
On the other hand, local residence should not be an admission criterion, but should only be taken into account as a selection criterion. In the Reichlinger model, however, a certain period of residence in the community is an admission criterion. And this does not correspond to EU law.
Mayor Johannes Hintersberger had the municipality's guidelines checked by the legal supervisory authority himself. He was of the opinion that they were not EU-compliant and had therefore suggested a change. However, the local council decided by a narrow majority to stick with the old guidelines. The council decision is now no longer valid: the municipality is no longer allowed to sell properties at a reduced price as long as the guidelines are not changed. Otherwise, the legal authority believes that property could be sold at an inadmissible price below value. And this means that the criminal offense of breach of trust for the people involved - i.e. the mayor and the local councilors - is fulfilled, as Hintersberger quoted from the letter from the legal supervisory authority.
Discussion about property that the mayor actually wanted to buy
The ensuing war of words in the local council was not about the guidelines themselves, but about the circumstances why the mayor and his wife were not given the last remaining building site in Kinsfeld. As reported, the mayor had requested an extension of time in order to re-clarify the financing. The local council had previously reduced the town hall boss's expense allowance by 500 euros because the kindergarten area now falls under the responsibility of the second mayor. According to information from the Reichling administrative community, the payment was ultimately not reduced because a local council could not simply decide on a reduction in the allowance.
The building site should now go to another local applicant instead. The third mayor, Alexander Graf, criticized the fact that this applicant's name had become public knowledge: He and his son were named as building site applicants in the newspaper, Graf criticized. The mayor said he was not responsible for sharing this information.