Municipality demands penalty payment from senior citizen for undeveloped property that no longer belongs to her

It all began in 2007, when the senior citizen owned over 4,700 square metres of land - partly grassland, partly building land. The municipality of Hartberg offered to convert a total of 2,500 square metres into building land. In return, it undertakes to build on the land within three years if the municipality does not purchase the rezoned property. If she fails to do so, she must pay a so-called "investment levy" of 820 euros for each year in which she does not build.

In 2013, the senior citizen sold her land to a private individual with the knowledge of the municipality. Eleven years after the sale of the property, she was asked by the municipality of Hartberg to pay 820 euros each for the years 2021, 2022 and 2023 as an investment levy. This is because the new owner did not build. From the municipality's point of view, Mrs P. is liable for this.

For Ombudswoman Gaby Schwarz, this approach is curious for several reasons: "We only have the offer with Mrs P.'s signature from October 2017. We don't know if and when the contract was approved by the municipal council or signed by the mayor. Mrs P. should have received a signed copy of the contract. The contract also mentions a dedication of the entire 2,575 m2. This has not yet taken place. The municipality has therefore not fulfilled its part of the agreement. An "investment levy" would also have to be prescribed by official notice. But above all: a lifelong imposition of a contractual penalty is not in line with common decency. In our opinion, such an agreement in this form is unlawful. The municipality was not authorised to do so."