Dispute over pettnau construction conditions

A family is allowed to build their house in Pettnau, as long as they provide the municipality 200.000 euros lien grants. Such high conditions make credit and construction impossible, criticizes her lawyer. BM Schwaninger: Security against speculation.

By Max Strozzi

Pettnau -In the fight against real estate speculation and hidden recreational residences, municipalities are moving to enter into land use planning agreements with homebuyers or homebuilders. It is agreed that the property owners actually live in their property and do not use it as a speculative object.

From view of Kathrin Auer from Pettnau in the Inntal and their lawyer Christian Ortner shoot the Pettnauer mayor Martin Schwaninger however beyond the goal. Auer would like to build a single-family house in Pettnau together with her partner on a plot of land owned by her mother. The land was rezoned to building land by the municipality. The mayor of Pettnau now requires the family to sign a zoning agreement. The family is also prepared to do this, but the conditions are too high, criticizes Ortner. The first version provided for a lien in the land register in favor of the municipality over 200.000 euros. This is to assure the community that the family will use their home as their primary residence. Otherwise penalties of up to 3000 euros per month threaten. According to Auers lawyer Ortner the conditions of the municipality are however so high that they prevent a house building. "If the family signs the contract with such a high lien, they would not receive a loan, would not be able to build their house and would have to pay annually up to 36.000 Euro penalty to the municipality," says Ortner. Not even with promoted properties there are so strict editions, means Ortner. According to Auer, the latest version of the contract provides that the municipality's lien over 200.The mayor assumed that the family's situation would hardly be improved by the fact that only half of the EUR 000 would be entered in the land register.

Another condition for building: either already residing in Pettnau for 5 years or lived in Pettnau for a total of 15 years. Auer: "I went to school in Pettnau, later moved and now want to build a house in my community of origin, on the property of my mother, who is a Pettnauer and active in the local council. But these conditions make it impossible to build."Auers lawyer criticizes further that the regional planning contracts should have been submitted before the rededication, which did not happen.

BM Schwaninger and his legal representative Stefan Gamsjager see it differently. "We want the family to build. But the municipality must secure itself that with the real estate not to be speculated can", says BM Schwaninger. The lien in favor of the municipality would also decrease annually and would be registered in the second rank, whereby there would be no restrictions for a loan and thus for the construction of the house, Schwaninger argues. The fact that the contract was not submitted until after the rezoning to building land happened by mistake, explains mayor's lawyer Gamsjager. "The rezoning decision was made by mistake, because Mrs. Auer had advised to sign the regional planning contract. The mayor assumed that the promise would be kept, and has pushed ahead with the rededication in the municipal council," says Gamsjager. The mayor, however, is anxious to protect the interests of the municipality.

She is ready to sign a regional planning agreement, says Auer. However, not with such conditions. For this reason, her lawyer has drawn up a regional planning agreement. The mayor does not accept this. "If everyone presents their own contract, the work of the municipality comes to a standstill," says Gamsjager. In addition, the duty of equal treatment would be violated. Because: "In the future, anyone who wants to convert open land into building land will probably have to conclude a regional planning contract with the municipality," announces BM Schwaninger. The contract with the Auer family should serve as a model here. "The municipality strives to build a model contract that complies with the legal requirements," says Gamsjager.

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