Brinek: A Swimming Pond floods a Cellar?

October 2, 2010

A Swimming Pond Floods A Cellar?

A swimming pond in the garden of a dwelling in a row of houses in Bisamberg caused a massive neighborhood conflict. By heavy rain, the swimming pond would overflow and cause a permanent moisture penetration of the neighbor’s cellar. The complainant criticizes the fact that the municipality had not undertaken any building inspection measure, despite two requests.

Controversial is also the size of the swimming pond since it has to be authorized if its capacity exceeds 50 m3. The mayor in charge of the case pointed out the damaged storm drain of the house as a possible cause of the flooding in the cellar.

Ombudswoman Gertrude Brinek requested that any possible cause should be eliminated with suitable measures: "On the one hand, I have to say that all citizens have a right to have their inquiries settled and therefore, the size of the swimming pond must be determined. I urge for a fast transmission of the corresponding notice. But the owners are also asked to expedite the reparations of the obviously damaged storm drain. I welcome the announced installation of a flood prevention system on top of the building. This should prevent any future water leakage.“

 

Rezoning Of Land Without Notice?

A property zoned as building land in Leibnitz in Styria was reassigned 13 years ago as open land. The owners complained that they had not been given any notice and had only learned about the new zoning by accident. They also asked whether a property where an authorized house had been built more than 20 years ago could suddenly be reclassified as open land.

Ombudswoman Brinek: „I pointed out that nobody is entitled to obtain or maintain a specific zoning for his/her land. But as a matter of fact, no land should be reclassified without alleging some prioritary reason for doing so.” In this case, supra-local planning was the reason that was alleged. But in this case some mistake was also made in not communicating the fact properly to the owners. The mayor does mention having sent a letter to both owners, but cannot give any prove of having done so. The Austrian Ombudsman Board therefore supports the claim it has supported for years that owners concerned by any rezoning of their land should be traced and personally informed. The complainants hope that in the revision scheduled for 2012, it will be possible to rezone their land as building land.