Municipal road and bridge projects; application for special hardship fund compensation.

The Free State of Bavaria grants subsidies in accordance with Art. 13c Para. 1 BayFAG for the construction or extension of municipal roads, insofar as the construction measure is urgently necessary to improve traffic conditions and represents a particular burden or hardship for the municipality.

Description

Individual road construction measures in districts or municipalities are funded insofar as they compensate for a particular burden or reduce hardship.

The following construction or extension projects can be funded from the Bavarian Fiscal Equalisation Act (Article 13c (1) Bavarian Fiscal Equalisation Act - BayFAG):

  • District and municipal roads,
  • local through roads in the course of federal, state and district roads under the construction obligation of municipalities, as well as footpaths and/or cycle paths if their construction obligation lies with the municipality in accordance with Article 5 Paragraph 3 of the Federal Highway Act (FStrG) or Article 42 Paragraph 3 of the Bavarian Roads and Paths Act (BayStrWG),
  • dependent footpaths and cycle paths on federal, state and district roads which are urgently required for reasons of road safety, insofar as the costs are borne by municipalities because the body responsible for road construction refuses to carry them out at its own expense,
  • independent footpaths and cycle paths within the meaning of Art. 53 No. 2 BayStrWG, which are urgently required in particular for reasons of traffic safety,
  • crossing measures in accordance with the Railway Crossing Act (EKrG) and the Federal Waterways Act (WaStrG), insofar as the aforementioned eligible projects are involved,
  • public interchange parking spaces on roads to reduce motorised private transport, insofar as they are made available to users free of charge or the fees charged merely cover operating costs.
    Interchange parking spaces with public transport are subsidised in accordance with the guidelines for the granting of subsidies by the Free State of Bavaria for local public transport (RZÖPNV).

Construction is the same as new construction. Expansion means a structural change to existing transport routes in terms of location, cross-section or load-bearing capacity, which is urgently required to improve traffic conditions. This includes, among other things, the construction of traffic lights at junctions and an increase in the load-bearing capacity ("substance increase") of engineering structures.

Insofar as construction projects are development facilities pursuant to §§ 127 ff. of the Federal Building Code (BauGB), only the costs that are not attributable to the development expenditure can be funded.

Recipients of grants

Funding can be granted to administrative districts, municipalities and municipal associations if they are

  • are responsible for the construction of the eligible roads, independent footpaths and cycle paths or interchange parking spaces, or
  • bear the costs of the construction or extension of dependent footpaths and cycle paths on federal, state and district roads which are urgently required for reasons of road safety.

Eligible costs

Reference is made to No. 6 of the Guidelines for Grants of the Free State of Bavaria for Road and Bridge Construction Projects of Municipal Building Authorities (RZStra).

Type and amount

Funding will be granted on a pro-rata or fixed-amount basis in relation to the eligible costs. The amount of funding is determined in accordance with No. 7 of the RZStra.

Prerequisites

The project must

  • be urgently required in terms of its nature and scope to improve traffic conditions,
  • due to the financial possibilities of the applicant, can only be realised with the help of state subsidies,
  • otherwise be capable of being financed by the applicant; this also applies to the financing of a construction phase with its own traffic significance,
  • take into account the requirements of regional planning and state planning and fulfil the other legal requirements,
  • be of sound construction and traffic engineering, protect the natural balance, the landscape and land as far as possible and be planned taking into account the principle of economic efficiency and economy,
  • take into account the needs of people with disabilities or mobility impairments and meet the requirements of barrier-free access as far as possible,
  • be coordinated in advance with urban development plans and measures connected with it.

A particular hardship exists in particular if

  • the expenditure of a road construction measure per kilometre of extension length is particularly high, or
  • a major road section is to be upgraded in a relatively short period of time because delaying the project would lead to unacceptable additional expenditure, would be uneconomical or is unacceptable for other reasons, or
  • a project must be carried out without delay despite the strained financial situation of the project-executing agency, or
  • a construction project serves to repair damage caused by natural disasters. Funding is provided for the restoration of the original condition. Other measures that can be classified as maintenance or refurbishment are not eligible for funding.

Procedure

Applications for initial approval of grants under Article 13c(1) BayFAG must be submitted to the competent district government by 1 September of the year preceding the planned start of construction at the latest. Applications received after this date may still be considered, provided that sufficient funding is available.

An application can only be submitted once the project has been prepared to such an extent that construction work can be expected to begin as soon as the notification of grant has been issued and unhindered execution of the construction work (building permit and land acquisition secured) is guaranteed. The remaining financing must be secured.

Applications must be submitted in duplicate to the respective government in writing and also electronically.

The following must be enclosed with the application using the form according to sample 1a to Art. 44 BayHO

  • a draft prepared in accordance with the guidelines for draft design in road construction (RE), which also includes all ancillary work,
  • the determination of the eligible costs according to Form Annex 3 (Sample 1),
  • a calculation and/or explanation of the cost contributions of third parties which can be verified by the granting authority, and
  • information on the financial circumstances in accordance with sample 2a or 2b to Art. 44 BayHO for all parties involved in the planned construction measure.

The government informs the applicants whether funding according to Art. 13c Para. 1 BayFAG is possible in principle in the year of the planned start of construction. This notification is the basis for the invitation to tender for the measure.

After the invitation to tender, the tender result is to be communicated to the government.

The audited tender results are the basis for the initial notices.

Deadlines

The project must not have been started yet.

Applications for initial approval of grants under Article 13c(1) BayFAG must be submitted to the competent district government by 1 September of the year preceding the planned start of construction.

Applications for approval of a further grant instalment for construction measures for which a total grant under Article 13c(1) BayFAG has already been promised must be submitted to the competent government by 15 January of the year of funding.

Forms

Please select a location in "Localization" so that the address of the responsible authority can be filled in.

  • Prefillable Form, Bavaria-wide: Antrag auf Gewährung einer Zuwendung (Muster 1a zu Art. 44 BayHO)
    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.

  • Prefillable Form, Bavaria-wide: Antrag auf Bewilligung weiterer Zuwendungsraten (Muster 1b zu Art. 44 BayHO)
    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.

  • Prefillable Form, Bavaria-wide: Angaben zu den finanziellen Verhältnissen (Muster 2a zu Art. 44 BayHO - Kameralistik)
    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.

  • Prefillable Form, Bavaria-wide: Angaben zu den finanziellen Verhältnissen (Muster 2b zu Art. 44 BayHO - Doppik)
    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.

  • Prefillable Form, Bavaria-wide: Auszahlungsantrag (Muster 3 zu Art. 44 BayHO)
    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.

  • Prefillable Form, Bavaria-wide: Verwendungsnachweis (Muster 4 zu Art. 44 BayHO)
    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.

  • Prefillable Form, Bavaria-wide: Verwendungsbestätigung (Muster 4a zu Art. 44 BayHO)
    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.

  • Prefillable Form, Bavaria-wide: Anlage 3: Ermittlung der zuwendungsfähigen Kosten (Muster 1) zu den Nrn. 11.1.2 und 11.3 RZStra
    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.

  • Prefillable Form, Bavaria-wide: Mitteilung gem. Nr. 1.1 NBest-Bau – Zuwendungen/Zuweisungen nach BayFAG und BayGVFG
    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.

Status: 26.01.2022

Responsible for editing: Bayerisches Staatsministerium der Finanzen und für Heimat

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  • Online transactions, Bavaria-wide
  • Online transactions, locally limited
  • Prefillable Form, Bavaria-wide
  • Legal bases, Bavaria-wide
  • Legal bases, locally limited
  • Fees, Bavaria-wide
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