Information - Kommunale Straßen- und Brückenbauvorhaben; Beantragung eines Ausgleichs besonderer Belastungen aus dem Härtefonds - Dienstleistungsportal Bayern

Description

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

The following construction or expansion projects can be funded from the Bavarian Fiscal Equalization Act (Art. 13c Para. 1 Bavarian Fiscal Equalization Act - BayFAG):

• District and municipal roads,
• local thoroughfares in the course of federal, state and district roads in the charge of municipalities, as well as sidewalks and/or bike paths, if their construction charge lies with the municipality according to Art. 5 Para. 3 of the Federal Highway Act (FStrG) or Art. 42 Para. 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 road authority 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 motorized private transport, provided they are made available to users free of charge or the fees charged merely cover operating costs.
  Interchange parking spaces with public transport are subsidized 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 traffic routes in terms of location, cross-section or load-bearing capacity that is urgently required to improve traffic conditions. This includes, among other things, the construction of traffic signals at intersections and an increase in the load-bearing capacity ("substance increase") of engineering structures.

Insofar as construction projects are development facilities in accordance with §§ 127 ff. of the German Building Code (BauGB), only the costs that are not attributable to development expenditure can be subsidized.

Beneficiaries

Funding may be granted to districts, municipalities and legally responsible 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 from the Free State of Bavaria for Road and Bridge Construction Projects of Municipal Building Authorities (RZStra).

Type and amount

Funding is 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 realized with the help of state subsidies,
• can otherwise be 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 meet the other legal requirements,
• be flawless in terms of construction and traffic, 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 related to it.

A particular hardship exists in particular if

• the expenditure of a road construction measure per kilometer 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 project-executing agency's strained financial situation, or
• a construction project serves to repair damage caused by natural hazards. Funding is provided for the restoration of the original condition. Other measures that are to be assigned to maintenance or renovation are not funded.

Procedure

Applications for initial approval of grants under Art. 13c (1) BayFAG must be submitted to the relevant district government by September 1 of the year preceding the planned start of construction at the latest. Applications received after this date may still be considered, provided sufficient funding is available. If BayFAG and BayGVFG funding are applied for jointly, only one application is required.

An application can only be submitted once the project has been prepared to such an extent that the start of construction work is likely to be possible as soon as the funding decision has been issued and unhindered implementation of the construction work (building rights and land acquisition secured) is guaranteed. The remaining financing must be secured.

Applications are submitted to the respective government in writing and also electronically. The number of copies of the application is determined by No. 12.1 RZStra.

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 in accordance with Form Annex 3 (Sample 1),
• a calculation and/or explanation of third-party cost contributions that can be verified by the granting authority, and
• the information on the financial circumstances according to 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 pursuant to Art. 13c (1) BayFAG must be submitted to the competent district government no later than September 1 of the year preceding the planned start of construction.

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

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.

Legal bases

• Art. 44 Bayerische Haushaltsordnung (BayHO)
• Gesetz über den Finanzausgleich zwischen Staat, Gemeinden und Gemeindeverbänden (Bayerisches Finanzausgleichsgesetz – BayFAG)
• Richtlinien für Zuwendungen des Freistaates Bayern zu Straßen- und Brückenbauvorhaben kommunaler Baulastträger (RZStra)

  Az. 43-43271-5-1, BayMBl. 2019 Nr. 91

• Verordnung zur Durchführung des Gesetzes über den Finanzausgleich zwischen Staat, Gemeinden und Gemeindeverbänden (Bayerische Durchführungsverordnung Finanzausgleichsgesetz - FAGDV)
• Bayerisches Straßen- und Wegegesetz (BayStrWG)
• Bundesfernstraßengesetz (FStrG)
• Allgemeine Nebenbestimmungen für Zuwendungen zur Projektförderung an kommunale Körperschaften (ANBest-K)
• Baufachliche Ergänzungsbestimmungen für Zuwendungen (BayZBau)
• Anlage 4a zu Art. 44 BayHO - Unterlagen für Baumaßnahmen
• Baufachliche Nebenbestimmungen (NBest-Bau)
• Besondere Nebenbestimmungen-Straßenbau (BNBest-Stra)

Links to more information

• Broschüre "Der kommunale Finanzausgleich in Bayern"
• Broschüre "Zuwendungsrecht des Freistaats Bayern" (nur im Bayerischen Behördennetz aufrufbar)
• Radverkehrsinfrastruktur - Förderung von Investitionen zur Verbesserung des Radverkehrs

Related issues

• Municipal road and bridge projects; application for funding for transportation improvement investments.
• Municipal financial equalization; general information
• Municipal road construction and maintenance; approval and disbursement of lump-sum allocations.