Brinek: Neighbors without rights?
Ombudsperson Gertrude Brinek presented two cases from Lower Austria in which neighbors complained that they are power- and rightless against construction projects and construction activities on neighboring properties.
In both cases, the so-called "simplified construction method" were conducted since it was asumed that neighbor rights would not be touched.
Case one: A couple from Mauerbach near Vienna criticized the municipality because the neighbors were allowed to increase their house without building negotiation. The neigbors concerned had examined the files, the plan was partially corrected manually and the location of the neigbor’s property was not mapped. The delivery of copies was refused by the municipality and they were not responding to objections. Ombudsperson Brinek called for the immediate delivery of a valid notice or an agreement on the objections.
The second case regarded a planned kindergarten in Brunn am Gebirge near Vienna. Again, in this construction method, a building negotiation and the hearing of objections raised by the neighbors concerning the expected noise level did not take place. Ombudsperson Brinek asked for the implementation of compensation measures and a rapid appeals procedure. During the broadcast, the mayor presented a solution: to keep the noise level to a minimum, no playground equipment will be set up in immediate vicinity of the neighbors’ properties.
In the broadcast, a representative of the Lower Austrian government said that for both building projects, the “simplified construction method” was not appropriate. It would only be suitable in cases where one was on the “safe side”. Ombudsperson Brinek concluded: "I expect that the municipality follows the clear recommendations on how to deal with simplified construction methods in the future."
Re-examination: Years of delay for purchasing a leasehold property
In the case of purchasing an allotment garden in Vienna Floridsdorf which a pensioner had rented already for 50 years, the Ombudswoman reported a partial success. The partition plan has now been completed and implemented. Since the land has now been passed to the son of the original tenant, he must, however, pay the current market value. The settlement of the purchase should be in place by the end of 2011/beginning 2012.