Ombudsperson Gaby Schwarz: Did the authorities turn a blind eye to the construction of the wall?

The H. family from Vienna’s 19^th district contacted the Ombudsman’s Office because their neighbour had erected a reinforced concrete wall and an outbuilding on top of it directly adjacent to their listed house – without obtaining planning permission. On the ORF programme “Bürgeranwalt”, Ombudsperson Gaby Schwarz levelled sharp criticism at the Vienna Building Control Authority (MA37), as well as at the 19^th District Council, which is responsible for the cityscape: “Everything went wrong here. I wonder where the authorities were looking. Originally, two ancillary buildings not requiring planning permission were submitted. In fact, a large ancillary building was erected on a new reinforced concrete wall. This was not a renovation, but a new build – and this is very much subject to planning permission. Yet we have no evidence of any planning permission having been granted.”

The wall and the outbuilding now measure four metres. According to the building control authorities, this is permissible, as the wall and the outbuilding are to be measured separately. “That is incomprehensible. Without the wall, the outbuilding could not stand on it. It is a single structure; the height must be measured in its entirety,” the Ombudsperson states. “I expect the Vienna Building Control Authority (MA 37) and the City Council Department 19, which is responsible for the cityscape, to scrutinise this construction closely. What was submitted? What was actually built? And above all: does the neighbour’s building comply with the cityscape guidelines, particularly as these properties are located in a conservation area? If the authorities fail to take action here, they are opening the floodgates to uncontrolled building activity,” emphasises Ombudsperson Gaby Schwarz, referring to relevant statements from the Vienna Heritage Protection Authority.

Light pollution: Ombudsman achieves partial success

Thanks to the intervention of the Ombudsman’s Office, a welcome partial success was achieved in the case concerning light pollution caused by a neon-blue illuminated sign belonging to a group of companies, also in Vienna’s Döbling district. Contrary to the regulations, the neon sign is lit not only during business hours but throughout the night, which has led to sleep disturbances, amongst other things, for residents of the house opposite. “Following several requests from the Vienna Building Control Authority, the sign is no longer lit between 10 pm and 5 am – as required. This is an important first step. However, the promised medical report from the public medical officer is still missing, which is needed to clarify whether the constant light pollution – outside these hours – poses a health risk. I urge the relevant authorities to take action on this matter,” emphasises Ombudsperson Gaby Schwarz.