BRINEK: SEWAGE SYSTEM

January 16, 2010

The 16 January broadcast dealt with a young couple who bought a piece of land, provided that a connection to the municipal sewage system was made available. However, the mayor of the town stipulated the construction of a cesspit as one of the contract conditions and even included this requirement in the building permit. Supporting the couple’s complaint Ombudswoman Brinek referred to the respective Austrian act (Burgenländisches Kanalanschlussgesetz): “According to this act the municipality is bound by law and therefore obliged to provide access to the sewage system, as the nearest sewer is clearly less than 30 meters away from the border of the property. The mayor must not have demanded the construction of a cesspit in the first place.” Ombudswoman Brinek also did not accept the explanation that this procedure would be uneconomical. The authorities involved should have clarified this problem before re-designating the property. Other building sites can now be found in the immediate neighborhood of the property in question and future owners will surely claim access to the sewage system as well. Ombudswoman Brinek demanded that the building permit had to be adapted accordingly and that a connection to the sewage system had to be established immediately.

Purchase of leased property delayed for years

Mrs. N.N. had rented in Vienna a garden plot including a small house for almost 50 years. In 1996 the City of Vienna informed her, that she could buy the property at a very reduced price. In the very same year, Mrs. N.N. submitted her request for purchasing the property to the responsible authority. More than 14 years later, authorities still keep putting her off. Whenever she asked for a faster proceeding, authorities explained to her that surveying the property turned out to be difficult and asked for her patience. “This behavior is unacceptable,” criticizes Ombudswoman Brinek. Authorities should have taken care of all the necessary preparations and measuring procedures before announcing their intention to sale. She therefore expects that the responsible authorities speed up proceedings and that the Mrs. N.N. can purchase the allotment garden according to the contract terms established in 1996.