Older owner defends himself against dismantling: the court gives building authorities right

Older owner defends himself against dismantling: the court gives building authorities right

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 corn. The 85-year-old owner Hermann Bickel, who vehemently contests the reserved use as a holiday apartment, was forced to act against the decision of the authority. This had found that the building was rebuilt without the necessary permits, which led to a legal discussion. According to the court decision, the approval for the renovation is not sufficient, which is why the dismantling was ordered. The LVWG made it clear that there was no right to use as a holiday apartment, even if the formal inadequacies of the ban was incorporated into the evaluation and thus lifted, such as vorarlberg.orf.at reported .

legal situation for misuse of living space

Another significant decision on the use of living space as a holiday apartment affects the Berlin law to misuse of living space, which was examined by the Federal Constitutional Court (BVerfG). The court found that the basic structure of the law is not to be regarded as unconstitutional, which is a significant victory for the Berlin Senate. This law, which has been in force since 2013, requires approval for the renting of living space to holiday guests. It was launched to counteract living space bottlenecks and protect the housing stock. The decision of the BVerfG that the legal regulations have no repercussions refers to complaints from property owners who used 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 acts in terms of the use of living space in Austria and Germany, while owners face challenges in compliance with regulations. The outcome of the process around the maizeäß in Tschagguns illustrates that the legal situation for the use of living space as a holiday apartment depends heavily on the respective regional laws and that serious legal consequences can result.