A German user of an illegal leisure residence failed his appeal to the administrative court. Mayor Winkler sees an important step after the city attorney conducted some 400 checks. In the Gamsstadt, another 30 to 40 objects and suspicious cases are closely monitored.
Are the estimated 10,000 owners of illegal holiday homes in Tyrol now starting to shake? In any case, in Kitzbühel it is clear that the city’s own checks and legal enforcement of the following procedures can lead to success. A “part-time Tyrolean” from Munich feels the consequences.
The Background: A dedicated city attorney conducted some 400 checks in just under a year and a half. She also recorded her visits to the home of the Munich native. And noted over and over: “No light”, “No movement”, “Rotten pumpkins for decoration”, an untouched post board at the entrance. In 2020 there was no one for five months (not even when the Corona rules were just looser). A car registered in Austria – no. In addition, it was no secret that the son also goes to school in his native Munich.
Year-round housing needs are evident in the commitment
As the year-round necessities commitment was clearly violated, the city banned the use by decree. The Munich resident did not want to back down, arguing that the house was also used for business meetings. This made no impression on the Tyrolean Administrative Court and the city was right. The German resorted to an extraordinary revision – and recently brushed it off. The Constitutional Court had previously denied unlawful interference “in private and family life”.
The mayor and lawyer of Kitzbühel, Klaus Winkler, sees a leading case and announces: “We will keep an eye on the house in the future.” Incidentally, the in-laws of the Munich resident are currently registered as their primary residence, and the strict rules regarding their primary residence obviously also apply to them.
What to do if the ban is simply ignored?
“What happens if the owner just ignores the ban on use?” the “Krone” wanted to know. There is hardly any empirical value for this, lawyer Winkler admits. But he even considers an execution of the object conceivable if the sentence is consistently ignored. In any case, it is positive that the courts have approved the city’s earlier approach. Mayor Winkler said there are currently “30 to 40 suspected cases” in the chamois city that are under close surveillance. The lawyer responsible will report to the city council on Monday.
Source: Krone
I am Ida Scott, a journalist and content author with a passion for uncovering the truth. I have been writing professionally for Today Times Live since 2020 and specialize in political news. My career began when I was just 17; I had already developed a knack for research and an eye for detail which made me stand out from my peers.
