Information - Services - Formalities by subjects - Real estate and transport - Construction planning - Protection of historical monuments; application for a grant from the Bavarian compensation fund - Dienstleistungsportal Bayern

Description

The General Settlement Fund is a special state fund without its own legal personality, which is administered by the supreme monument protection authority, the State Ministry of Science and Art. Its financial endowment is based on Art. 21 BayDSchG; it is borne in equal parts by the Free State and the municipalities. The fund serves to satisfy claims for compensation arising from expropriation (Art. 18 BayDSchG) or other significant material effects on property (Art. 20 BayDSchG), as well as compensation for an unreasonable special sacrifice resulting from the preservation of an architectural monument pursuant to Art. 4 BayDSchG.

Approval can take the form of grants and/or low-interest or interest-free loans. The type (grant and/or loan) and the concrete amount will only result from the so-called reasonableness test. This is carried out by the State Ministry of Science and Art as part of the General Settlement Fund procedure. Here, on the basis of the financial and economic circumstances of the monument owner (and, if applicable, his relatives affected by the measure), it is examined to what extent the implementation of the repair measure would lead to a burden on the monument owner, which would have an effect beyond the scope of the social obligation of property (Art. 14 Para. 2 GG) and must therefore be compensated. For the so-called reasonableness check, overviews and documents (also of a tax nature) on the respective property situation as well as the respective current income/expenditure situation are to be submitted. It is also examined to what extent refinancing is possible, for example with regard to future possibilities of use for the building monument or with regard to future reductions in income tax due to increased tax deduction possibilities. All amounts stated in preliminary discussions are non-binding until final approval by the Bavarian State Office for the Preservation of Historical Monuments.

In the case of grants of EUR 250,000 or more, it is stipulated as a special condition that a notarized, limited personal easement for the preservation of the monument be entered in the land register (except for rooms used for religious services). In individual cases, the granting of funds from the General Settlement Fund is linked as a special condition to a value compensation clause in the notice of granting. According to this clause, in the event of a sale of the monument within a set period of time (usually 45 years), the owner of the monument must pay an appropriate compensation to the General Settlement Fund.

Prerequisites

Grants or loans from the compensation fund under the Bavarian Monument Protection Act (BayDSchG) are primarily considered for extensive measures on monuments with supraregional significance and an acute threat. They require, among other things, that the owner of the monument cannot be expected to bear the full costs of restoration. Therefore, a detailed examination of the economic situation of the monument owner is of great importance in the funding procedure.

Procedure

If you wish to apply for grants and/or loans from the compensation fund in accordance with the BayDSchG, you must contact the lower monument protection authority. The lower monument protection authorities (as a rule, district offices, independent cities and large district towns) apply for the grant from the compensation fund to the Bavarian State Office for the Preservation of Monuments.

The administrative procedures and responsibilities for claiming the compensation fund:

• The State Office for Monument Preservation selects suitable objects in cooperation with the Lower Monument Preservation Authority.
• The State Office for Monument Preservation, with the support of the Lower Monument Preservation Authority, records the master data, the relevant cost figures and the financing proposal (Part I of the data sheet) and keeps the measures in a planning list.
• From the planning list, the State Office for Monument Preservation proposes measures for the twice-yearly coordination with the Bavarian Association of Towns and Municipalities, for which the procedure for claiming the compensation fund is initiated. On this basis, the State Office for the Preservation of Monuments releases the application by forwarding Part I of the data sheet to the Lower Monument Protection Authority. The monument owner receives a copy of this for information purposes. If necessary, a financing discussion will be held before the data sheet is released.
• The lower monument protection authority processes the application with the cooperation of the monument owner, including the declaration of the monument owner (Part II of the data sheet), and sends it to the State Office for the Preservation of Monuments together with the monument-related documents. At the same time, it informs the monument owner about the documents to be submitted to the State Ministry of Science and Art for the so-called reasonableness test (verification of the financial and economic circumstances of the monument owner). The monument owner receives a copy of Part II of the data sheet for information purposes.
• The State Office for Monument Preservation transmits the essential technical parameters of the restoration procedure for the reasonableness check to the State Ministry for Science and Art (Part III of the data sheet). The monument owner receives a copy of this.
• The State Ministry of Science and Art determines the type (grant and/or loan) and the concrete amount of the subsidy in a binding manner within the framework of the feasibility study. On this basis, the State Office for the Preservation of Historical Monuments issues a conditional decision (notice of grant or 1st notice).
• After completion of the measure, the lower monument protection authority checks the final invoice in terms of calculation and construction and sends a copy of the checked proof of use to the State Office for the Preservation of Monuments. The State Office for the Preservation of Historical Monuments then examines the proof of use from the point of view of the preservation of historical monuments, in particular to determine the eligible costs and to calculate the amount of the grants to which the project is entitled. On this basis, the State Office for the Preservation of Monuments makes a final decision on the amount of the grant and asserts any claims for repayment (final decision or second decision).

Special notes

The state, numerous municipalities and municipal associations as well as many other public or private institutions support measures for the preservation of monuments through grants or, in some cases, loans. The funding options are very diverse. If you are interested in such funding, you should seek advice at an early stage from your lower monument protection authority (counties, independent municipalities and large district towns) and/or the State Office for Monument Preservation. The State Office also has information material available free of charge, which you are welcome to call up.

In addition to grants and/or loans from the compensation fund under the Bavarian Monument Protection Act (BayDSchG), you can also apply for grants from the Bavarian State Office for Monument Protection (see service "Monument Protection; Applying for a Grant from the State Office for Monument Protection" under "Related Topics").

In addition to grants and loans, you can often take advantage of tax benefits tailored to monument owners.

Tax benefits under the German Income Tax Act (EStG): This - indirect - subsidy can be granted for a large part of the preservation measures. A certificate for submission to the relevant tax office is usually issued by the State Office for Monument Preservation (see service "Monument Preservation; Applying for a Certificate for Tax Purposes" under "Related Topics").

Deadlines

If you wish to apply for grants and/or loans from the compensation fund under the BayDSchG, the application must be submitted before the measure is started.

Funding is ruled out from the outset if implementation of the measure has already begun or the measure has even already been completed. You can obtain more information from your lower monument protection authority and from the State Office for the Preservation of Monuments.

Required documents

• The documents required for the rest of the procedure can be found in Part II of the data sheet as well as in the case group related forms "Documents for the reasonableness check" (see under "Forms").

  Insofar as the submission of a so-called liquidity report is required, the sample under "Forms" can be used.

Forms

• Form, Bavaria-wide: Datenbogen I - Stammdaten, Kosten und Finanzierungsvorschlag

  Please note

  This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

  (wird vom Bayerischen Landesamt für Denkmalpflege ausgefüllt)

• Form, Bavaria-wide: Datenbogen II - Antrag mit Anlage des Denkmaleigentümers

  Please note

  This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

  (wird durch die Untere Denkmalschutzbehörde ausgefüllt)

• Form, Bavaria-wide: Datenbogen Teil III - Mitteilung der wesentlichen Parameter an StMWK zur Zumutbarkeitsprüfung

  Please note

  This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

  (wird vom Bayerischen Landesamt für Denkmalpflege ausgefüllt)

• Form, Bavaria-wide: Muster für Liquiditätsgutachten

  Please note

  This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

Fees

• none

Legal bases

• Art. 4 Abs. 3 Gesetz zum Schutz und zur Pflege der Denkmäler (Bayerisches Denkmalschutzgesetz - BayDSchG)

  Erhaltung von Baudenkmälern (Entschädigungsfonds)

• Art. 22 Gesetz zum Schutz und zur Pflege der Denkmäler (Bayerisches Denkmalschutzgesetz - BayDSchG)

  Leistungen

• Verwaltungsverfahren bei der Inanspruchnahme des Entschädigungsfonds nach dem Gesetz zum Schutz und zur Pflege der Denkmäler

Remedy

administrative claim

Links to more information

• Landesamt für Denkmalpflege - Informationen für Denkmaleigentümer
• Denkmalschutz
• Landesamt für Denkmalpflege - Zuschüsse und Steuervergünstigungen
• Landesamt für Denkmalpflege - Entschädigungs-Fonds

Related issues

• List of monuments; information, registration and deletion
• Historic preservation; application to the district for funding.
• Protection of historical monuments; orders for preservation measures
• Protection of historical monuments; application for a certificate for tax purposes
• Protection of historical monuments; application for permission to carry out measures on historical monuments and archaeological sites
• Protection of historical monuments; application for a grant from the State Office for the Preservation of Historical Monuments
• Protection of historical monuments; advice to owners of historical monuments