Fundamental rights section 3.1.4. Does the Provincial Government of Styria withhold subsidies for residential building projects? A municipality in Styria had received a written commitment from the competent member of the Provincial Government for the granting of subsidies pursuant to the Styrian Housing Subsidy Act. However, the specialized department of the Provincial Government refused to pay any funds, pointing out that a part of the two building plots was situated in flooding danger zones. The Office of the Styrian Provincial Government referred to an internal provision in connection with the 339th Residential-Construction Table on 9 October 2002, that had neither been accessible to subsidy-seekers nor known to the municipality in this case. The municipality concerned complained to the Ombudsman Board; in the investigative procedure the Styrian Provincial Government justified its refusal as follows: “During the 339th ResidentialConstruction Table on 9 October 2002, it was determined that properties in the yellow danger zone would no longer be subsidised on principle. The Residential-Construction Table, which is conducted by a department of the Styrian Government, is concerned with local land-use planning. In its framework there are discussions with subsidy-seekers about building projects with a strongly informative component. That means that, for example, notification is given within the framework of the institution that residential-building properties in yellow danger zones are not subsidised on principle. This was expressly pointed out.” In contrast, the OB stated that the provisions of the Styrian Housing Subsidy Act 1993 do not preclude the allocation of funds for building projects that lie in the danger area of floods. With the entry in the current zoning plan, approved by the Styrian Provincial Government, a decision has been made as to the status of the land as for building purposes. It is a cause for concern for the Ombudsman Board if the execution now imputes to the Styrian HSA 1993 a purport that would allow it to genuinely assess the building-land status of the land to be covered with buildings and to exclude a project on dedicated building land from subsidies. Such a course of action is unconstitutional in several respects. It violates the border between legislation and execution, grants execution latitude within which incomprehensible decisions can be made that, moreover, must be accepted as unopposable by the subsidy-seeker. 32nd Report of the Austrian Ombudsman Board to the National Council and the Federal Council 2008 19