VfGH overturns state law: “1,500 residents illegal”
politics
The Constitutional Court has lifted the subsequent legalization of around 3,000 second homes in Salzburg through the 2018 Spatial Planning Act. This violation of the principle of equality. The competent provincial councilor Josef Schwaiger (ÖVP) speaks of 1,500 residences that are now illegal again.
Schwaiger does not see a serious defeat for his department in the Salzburg state government as a result of the verdict. In 2018, his predecessor Astrid Rössler (Greens) tried to “lay a ground” with the law that has now been rejected by the highest court, according to the state councilor: “It was well thought out at the time. But it didn’t work.”
Department head does not want expropriations
According to the ruling by the constitutional judge, it is not the case that there are now 3,000 additional illegal second homes in Salzburg: “There are some that were second homes before 1993 – i.e. legal. There are also some that were inherited from the parents in a direct line. And there are some, for which there is a ten-year exception – because they serve to train local people. But there are still some left that are illegal second homes. In the future, they will have to be converted into main residences or declared vacant.”
State Council defends overturned law
What is the State Council’s position on possible expropriations of illegal properties? Schwaiger replies that this is always the end point of criminal proceedings: “It affects owners who do injustice over a longer period of time. Beforehand, they are given the opportunity to react in an appropriate manner. Expropriations would be excessive by the authorities at this point in time.”
The ÖVP politician Schwaiger says that the Salzburg state law in question from the term of office of the Green predecessor Rössler is good overall: “I inherited a good law, but this point is to be repaired by the state parliament as the legislature.” The judgment of the highest court is very clear, according to the Regional Planning Councilor.
“Around 1,500 residences are now illegal again”
Specifically, the State Council expects that of the approximately 3,000 second home owners, less than half will actually have illegal second homes again. If they do not sell these, they would have to register a main residence or a vacancy, as already described. Financially, the taxes for the main residence would be significantly higher than the tax on the second home that has been paid up to now. The vacancy tax passed in the state parliament about a week ago is about the same as that for second homes at a maximum of 5,000 euros.