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Older owner defends himself against dismantling: court agrees with the building authorities
Hermann Bickel is fighting against the dismantling of his Maisäß in Tschagguns. The LVwG confirms the building authority. Current decisions on misuse in Berlin.
Older owner defends himself against dismantling: court agrees with the building authorities
In a sensational dispute over a holiday apartment in Tschagguns, the State Administrative Court (LVwG) strengthened the building authority in its decision to dismantle the controversial Maisäß. The 85-year-old owner Hermann Bickel, who vehemently denies the reserved use as a holiday apartment, was forced to take action against the authorities' decision. This discovered that the building had been converted without the necessary permits, which led to a legal dispute. According to the court decision, the approval for the conversion is not sufficient, which is why dismantling was ordered. The LVwG made it clear that there is no right to use it as a holiday home, even if the formal inadequacies of the ban were taken into account in the assessment and it was therefore repealed vorarlberg.orf.at reported.
Legal situation regarding the misappropriation of living space
Another important decision on the use of living space as a holiday home concerns the Berlin law on the misappropriation of living space, which was examined by the Federal Constitutional Court (BVerfG). The court found that the basic structure of the law should not be considered unconstitutional, which represents a significant victory for the Berlin Senate. This law, which has been in force since 2013, requires a permit to rent out living space to holidaymakers. It was launched to counteract housing shortages and protect the housing stock. The BVerfG's decision that the legal regulations have no retroactive effects relates to lawsuits from property owners who were already using apartments as holiday apartments before the law came into force. Haufe.de reported on the legal details.
These two cases clearly show how the legal system operates in relation to the use of housing in Austria and Germany, while owners face compliance challenges. The outcome of the Maisäß trial in Tschagguns makes it clear that the legal situation for the use of living space as a holiday home depends heavily on the respective regional laws and can have serious legal consequences.