Brinek: Extension of line-keeper’s lodge refused

For 25 years, a Carinthian man has been living in a small house that used to be a line-keeper’s lodge in Feldkirchen. Originally, he only stayed there during weekends, but now he is retired and wants to live there the whole year and adapt it accordingly. In this context, he had requested an extension on the house front. But the decision of the municipality Feldkirchen was negative. Although the man paid retroactively all charges such as electricity, water and sewer charges for three years, the house he has lived in for decades is not a residence but a "storehouse" and therefore, does not fall into the Carinthian building code, said the municipality of Feldkirchen.

The reason for this confusion goes back a long time: The house stood on a property of the railway which was rededicated to grassland when it was sold. During the roof restoration taking place in 1999, the municipality insisted that the premises must be declared as a “storehouse”, otherwise the authorization would be rejected.

The representative of the state of Kärnten pointed out the difficult situation in this case. The house is located between a railway and an industrial property – the rededication to building land would be impossible. For the owner concerned, this is an unsatisfying condition and Ombudswoman Brinek criticized the authorities: “The first mistake happened when it was dedicated as grassland, another one was the authorization of the roof restoration for a home that did not have any such dedication. The month-long to and fro of the municipality is unacceptable and an exceptional permission must now quickly be granted.”

Re-examination: New dedication without notice

In the case of a married couple from Leibnitz whose whose land was dedicated as open land, there is good news: After the broadcast, the municipality has decided that a new rededication will take place. The state of Styria also followed the recommendations of the Austrian Ombudsman Board and in the future, owners have to be notified demonstrably if a rededication is effected.