“Zweiklang” is the name of a construction project in Bad Tölz that is causing controversy: Two apartment buildings with 25 apartments, an underground car park with 32 parking spaces and eight above-ground parking spaces have been built on the site of the former Alpamare on Schützenstrasse. A project that the municipal building committee rejected twice last year. However, in vain, because the district office replaced the agreement of the city. It was allowed to build on the site of the former water park. The owner, to whom Jodquellen AG had sold the building site, now wants to sell the 25 domiciles as condominiums. The building committee unanimously rejected the proposal at its Tuesday night meeting.
Immediately after the end of the Alpamare, Jod AG itself tried to build residential buildings on the area next to the evangelical church. However, the city council rejected all planning applications. She then sold the land to the new owner, who also wanted to build and failed with three preliminary applications in the building committee before the district office intervened. To the chagrin of the city. Because Bad Tölz would like to preserve tourist use in the spa district and refers to its “Statute for the Protection of Areas with a Tourist Function” issued in 1994 – a set of rules that no other municipality in the district has. With this instrument, she now wants to prevent more high-priced properties for a well-heeled clientele from being built in the bathing area.
So far, however, she has had little success with the project on Schützenstrasse. The district office has not only allowed the construction of the residential buildings, but also issued a so-called certificate of self-containment – this makes it possible to split them up into owner-occupied apartments. “Unfortunately, neither the notary’s office nor the district office nor the land registry office recognized that there is a statute in Bad Tölz according to paragraph 22 of the building code,” criticized Christian Fürstberger, head of the building department. The sale of residential property would therefore have been “subject to approval, whereby the consent of the city would have been required for approval”.
However, the condominiums are already entered in the land register, although the city would like to declare its objection. “Because the land register is incorrect and the justified right is pending,” as Fürstberger said. This can be proven with the appropriate letter to the land registry. The other side is not idle either: the owner now wants information from the district office that the municipal statute is ineffective, or that the condominiums should be approved retrospectively – on the basis of the certificate of seclusion that has already been issued.
Michael Lindmair (FWG) and Johannes Gundermann (Greens) noticed on the large advertising posters on the construction site that condominiums were to be sold there. And not rented apartments, which are actually only allowed in this place. The two city councilors had therefore made a joint request to the city administration. As early as January 2021, the city council rejected the agreement for the sale of residential property on Schützenstrasse, said Fürstberger. Expensive domiciles in the Tölz spa district, for which there is strong demand throughout Germany, are undesirable in terms of urban development and contradict the goals of the Integrated Urban Development Concept (ISEK). The Munich real estate company that sells the “Zweiklang” construction project on the Alpamare site advertises on its website with the slogan “Magnificent landscapes right on your doorstep”. Unfortunately, said Lindmair, the two-tone lead to “great upset”. The city should now give the district office and the land registry “all the support to reverse the mistakes”.
The whole process left him “stunned,” said René Mühlberger (CSU). It unsettles him “that the local law of the city of Bad Tölz is obviously not in good hands with the building control authorities”. Dorothea Bigos (Greens) described it as “highly questionable” that any property developer could “iron over” a local statute. Matthias Winter (CSU) also dislikes the two structures. Gray and bulky, they looked like “two air raid shelters,” he said. “I was shocked when I came out of the Asklepios Clinic.” That’s the Bavarian building code, Mayor Ingo Mehner (CSU) replied.