High fines

New law to legalize illegal buildings

A new law could ensure that illegally built houses in Enzenkirchen do not have to be demolished after all.

(Bild: Scharinger Daniel)

The state is seeking a legally compliant solution for many illegally erected buildings and has commissioned a legal opinion. The expert opinion of a constitutional judge is to be the starting point for a law to prevent house demolitions. Instead, the owners have to reckon with "sensitive payments".

Houses, garages, pools in grassland! 100 suspected cases in 77 municipalities were investigated by the State Court of Audit last year. However, the number of "illegal buildings" is likely to be significantly higher. Only illegal overbuilding on grassland of 20 square meters or more was examined. The situation is particularly glaring in Enzenkirchen, where 23 buildings were erected incorrectly. Demolition notices have already been issued for some of them, and others could soon follow. However, there is now hope for the owners.

As Provincial Councillor for Housing, I see it as my duty to create and preserve living space - and not to demolish it.

Manfred Haimbuchner, LH-Stellvertreter, FPÖ

Deputy Provincial Governor Manfred Haimbuchner (FP) and Provincial Councillor Markus Achleitner (VP) commissioned constitutional judge Andreas Hauer to draw up an expert opinion, which is to become the starting point for an amendment to the law. The first partial report is already complete. "It certifies the possibility of a subsequent constitutional dedication," says Haimbuchner.

Tearing down inhabited houses and thus destroying livelihoods cannot be the last resort.

Markus Achleitner, Raumordnungs-Landesrat, ÖVP

 In terms of the principle of equality and the desired constitutional conformity, it will in any case be necessary to impose significant financial compensation on the applicants for dedication. An exact amount has not yet been determined and it is also unclear who will collect the money. Haimbuchner: "Either the municipality or the state."

No "blank check" for black buildings
According to Achleitner, the envisaged solution is not a "blank check" or a general amnesty for illegal buildings. Haimbuchner adds: "The new law will not apply to buildings without a public interest or to buildings that are not used for residential or commercial purposes."