Brinek: Mirrors on a house front blind the people living of the apartments on the other side

Mirrors on a house front blind the people living of the apartments on the other side

ORF-Series "Bürgeranwalt" (“Advocate for People”) – Broadcast of January 24th 2009

The program “Advocate for the People” that was broadcast on January 24th, 2009 was dedicated to the case of a Viennese lady, whose living conditions at her home had considerably worsened as a result of a building that had been constructed on a site opposite to her apartment.

Ms. W. is the owner of an apartment in the 10th District of Vienna. A seven-storey building with several mirrors on the house front was recently built on the site opposite to her apartment. In combination with the shining tin roof it causes massive light reflections with blinding effects on the opposite apartments. “The reflections last from six o’clock in the morning until evening. The combination of direct and indirect reflections makes the situation even worse” says Ms. W. The Viennese Building Inspection Department undertook a measurement, but did not estimate that the recorded effects could be qualified as a nuisance. An expert assigned by Ms. W. came however to the conclusion that the excessive light contrasts definitely was blinding her. The Public Health Department of Vienna confirmed that the indoor environment quality was negatively affected. Ms. W. fails to understand why the Viennese Building Authority had chosen to ignore her complaints: “It should have been obvious to those responsible that a house with a mirror facade would have a negative impact on the people living in the opposite house.”

Ombudswoman Gertrude Brinek cannot understand the approach of the Municipality Authority in charge: “Ms. W. had already knocked at 18 successive doors, before she finally found, at the Ombudsman Board, somebody that was ready to listen to her. But at this point it was almost too late, because the building project had already been approved and completed.” The representative of the Viennese Building Inspection Department referred to the measurement that had detected no noticeable impact on Ms. W.’s apartment. The Ombudswoman didn’t accept this argument since: “The measurement had not been performed in Ms. W.’s apartment on the 6th floor. In fact it had been done from the sidewalk, and therefore at the wrong place. Such an expertise was not at all adequate in this case. I got the impression that the Building Inspection Department had simply not taken seriously Ms. W’s complaints. Although Ms. W. was not a party to the Building Licensing Procedure, her objections to the new building should however have been carefully considered.”

Acting on behalf of Ms. W., Ombudswoman Gertrude Brinek requested the Viennese Municipal Authority to do something about it: “A remedy has to be found in this case before next summer. Furthermore it seems clear that the eventual solution will have to come from the ultimate author of this inconvenience.” The Chief of the Building Inspection Department agreed during the broadcast to request a new expertise and if necessary to reopen the Building Licensing Procedure.

Follow-up: Cumbersome procedures concerning the installation and financial sponsorship of stair lifts - Ombudswoman Gertrude Brinek helps”

The ORF-Series "Bürgeranwalt" (“Advocate for the People”) reported in December 2008 on the bureaucratic obstacles that the Viennese family P. had had to overcome to obtain financial sponsorship for the installation of a stair lift in their house for their severely disabled son. During the broadcast the competent Viennese Municipal Department insisted on obtaining additional extensive and expensive expert reports. A few days after the ORF broadcast the elevator technical expert, Mr. B. contacted the family and offered his services: Not only did he produce, in a very short time, the requested expertise for free, but he also agreed to take over the future yearly security maintenance of the stair lift.

Ombudswoman Gertrude Brinek was very pleased with the rapid solution: “ Finally the stair lift has been authorized and was to be duly sponsored. My personal thanks go to Mr. B., who significantly helped Family P. to spend Christmas with an unburdened heart.” Eventually, Ombudswoman Gertrude Brinek invited every Federal Province to check their applicable law for similarly stringent regulations. “That would be the best way to avoid having in the future similarly problematic cases”, were the Ombudswoman’s closing words.