Fundamental Rights Section The legal opinion of the City Administration Head Office of the City of Vienna delivered to the Ombudsman Board on February 25, 005 and March 23, 2005, pursuant to which Sect. 114 para. 4 of the Vienna Building Regulations providing a ten-metre distance to be observed between living spaces and chimney exits does not apply to an existing chimney for which a building permit has been issued and which is located within a range of less than 10 metres from living spaces for which no building permit has been issued, is irrelevant. The legal opinion can also not be justified by the ruling of the Austrian Administrative Supreme Court of February 23, 1999, file number 98/05/0193, which does not contain any comments on Sect. 126 para. 4 of the Vienna Building Regulations and on which the City Administration Head Office of Vienna based its observations vis-à-vis the Ombudsman Board on September 13, 2005. The argument that Sect. 114 para. 4 of the Vienna Building Regulations applies to permits for chimneys, but does not provide any possibility to change existing permits with regard to Sect. 68 AVG (Allgemeines Verwaltungsverfahrensgesetz General Administrative Procedure Act) cannot be found in the text of the above-mentioned ruling of the Austrian Administrative Supreme Court, which dealt with the withholding of a building permit. In the present case, the decision of the City Administration of the City of Vienna, City Administration Department 37, Decentralised Office for the third and eleventh district, of May 30, 2005 violated the rights under the existing building permits issued by the City Administration of the City of Vienna, Town Planning Department, City Administration Department 36, on October 17, 1967 and June 20, 1968 for the construction of a workshop and a boiler house with chimney on the property. Pursuant to point 6 of the conditions imposed under these permits, the chimney of the building was to be erected along the fire-proof wall of the neighbouring house at least 3 metres above the windows of the living spaces in the front building. This condition imposed in 1967 is ancillary to the main part of the official notification. Other than the main part of the decision, to which the obligation to fulfil the condition imposed is ancillary, the condition is of mere declarative character. It merely underscores the fact that a legal obligation has been created, but does not itself create law. For that reason, the arguments of the City Administration Head Office of the City of Vienna submitted to the Ombudsman Board, pursuant to which point 6 of the conditions establishes a 'consensus' 67