In May 2023, the State Audit Office discovered 100 buildings in 77 municipalities, some of which were probably built on grassland. The state has taken over the investigation of the suspected cases. “There may be more than we would like,” said State Councilor for Spatial Planning Markus Achleitner (VP) on Tuesday at a press conference together with Housing Officer and Deputy Governor Manfred Haimbuchner (FP). We are now one step closer to a legally compliant solution in the interests of those affected.
Partial report gives hope
Constitutional Court judge Andreas Hauer was commissioned to prepare an expert opinion. It shows that constitutionally compliant designations are possible even after a development has been completed. “We are looking for a proportionate solution so that those affected can keep their houses,” says Haimbuchner. It makes a difference whether a pool is to be demolished or a house in which a family lives.
“The partial report offers hope for most of those affected,” says Haimbuchner. Due to the large number of cases, the preservation of the houses for the provision of housing in the state is in the public interest, says State Councilor for Spatial Planning Markus Achleitner (VP). This means that the land can be dedicated retrospectively.
No general amnesty
There will be no general amnesty for illegal buildings in Upper Austria. This solution will not apply to buildings that are not residential or commercial, for example, because there is no public interest. “And the regulation will not help anyone who deliberately built on grassland without permission,” says Achleitner.
In many cases, the current owners are no longer the same people who built the house in violation of its designation. Bans on use or demolition orders can threaten their livelihoods. Nevertheless, there must be sanctions: “We don’t want to put anyone worse off who has complied with the law,” says Haimbuchner. That is why there should be compensation payments for buildings that violate the designation. The amount and to whom these payments should be made has not yet been determined.
React proportionately
“This is not a suggestion not to take things so seriously in the future,” stresses State Councillor Achleitner. This is already regulated by law: after the concrete slab has been poured, the municipality must be notified and must confirm that everything is correct. If this is not the case, a quick and proportionate response can be made.
Proposals are to be drawn up by autumn and discussed in the state parliament. A quick solution is desirable. “For those affected, the uncertainty is like the sword of Damocles hanging over them,” says Achleitner. Haimbuchner assumes there will be broad support. After all, it is not a political question, but a legal one.
The Greens are demanding access to the report. “It looks like a constitutional balancing act. We have seen black-blue laws overturned several times before.”
This article was updated on July 23, 2024 at 5:03 p.m.
Sarah Kowatschek
