Public school buildings and school athletic facilities; request for allocation for construction activities.

Allocations for municipal construction measures on school buildings and school sports facilities can be granted on application if they have been approved by the school authorities.

Description

Within the framework of municipal financial equalisation, the Free State of Bavaria supports municipal bodies in construction measures on school buildings at public schools, including necessary school sports facilities (sports halls, outdoor sports facilities, indoor swimming pools) with allocations in accordance with Article 10 of the Bavarian Financial Equalisation Act (BayFAG).

If the need for such facilities is recognised, dormitories at municipal residential schools (Art. 106 Sentence 2 BayEUG) and municipal dormitories according to Art. 106 Sentence 4 BayEUG, which predominantly accommodate pupils of vocational schools, can also be funded.

The following are eligible for funding

  • new buildings, conversions and extensions
  • the acquisition, including conversion or repair of buildings, insofar as they make a new building or extension which is in itself necessary superfluous, and
  • general and partial renovations, if they serve a fundamental overhaul and the project is brought up to a structural and technical standard which it would have to have in the case of a new construction. The allocable expenses of the refurbishment must be at least one quarter of the comparable costs of new construction.

Routine maintenance (upkeep) activities and costs of ongoing operations are not eligible.

Allocation recipients

Recipients of state allocations under Article 10 BayFAG are exclusively municipalities, administrative districts, administrative communities, school associations and municipal special-purpose associations, but not independent municipal undertakings under public law or municipal undertakings in the legal forms of private law.

If a project is carried out by another project-executing agency and the municipality participates in it with a subsidy towards the construction or acquisition costs, the municipality is granted allocations in accordance with Article 10 BayFAG.

Allocable expenditure

The basis for the state subsidy is not the total costs, but the allocable expenses. Eligible expenditure is determined in accordance with No. 5.2.1 or 5.2.2 of the FAZR allocation guidelines.

Type and amount

The allocations are granted in the form of pro rata funding. In determining the amount of the allocation, particular account is taken of the financial situation of the municipality, taking into account demographic trends, the importance of the construction measure, a catchment area extending beyond the territory of the municipality, the state interest and the amount of available funds.

Funding framework:

  • Public schools, school sports facilities: 0 to 80%.
  • dormitories: 0 to 40
  • First-time facilities at vocational schools: 0 to 60 %.

The funding rate orientation value for municipalities whose financial situation corresponds to the state average of comparable municipalities is:

  • public schools, school sports facilities: 50 %
  • Dormitories for pupils: 20
  • First-time facilities at vocational schools: 30 %.

The promotion of municipal building investments for the expansion of formally approved restricted or open all-day facilities (Art. 6 Para. 4 Bavarian Law on Education and Teaching) takes place within the framework of a special programme "FAGplus15" with a surcharge of 15 percentage points on the "usual" promotion rate.

Prerequisites

The funding is based on the space and area requirements determined by the school authorities. This is determined for new buildings, conversions and extensions as well as for the acquisition of buildings in the school supervisory permit to be applied for at the government.

The following conditions apply to the granting of allocations for eligible measures:

  • Overall financing must be secured. The municipality must be in a position to raise the necessary own funds and also to finance the expected follow-up costs in the future.
  • As a rule, the planning documents must be professionally checked before the start of a construction measure.
  • As a rule, a subsidised construction measure must be used for the purpose for which it was allocated for at least 25 years. Temporary buildings can be funded if their use is secured for at least ten years and the need for them has been established.
  • Multiple funding of a measure is generally excluded. If, in exceptional cases, other allocations for the same expenditure are granted for a project in addition to the funding under Art. 10 BayFAG, this will be taken into account when determining the funding rate. Subsidies from programmes of the development banks acting on behalf of the Bavarian State Government and the development institution BayernLabo are generally permitted without any restrictions under subsidy law.
  • The measure must be economically viable.
  • The procurement regulations must be complied with.
  • Grants are only awarded for projects whose allocable expenditure exceeds € 100,000. For measures to implement accessibility/inclusion, the generally applicable de minimis limit of €100,000 is reduced to €25,000, and for grants from the special "FAGplus15" programme to €50,000.

Procedure

An application for allocation is to be submitted to the district government responsible for the municipality using sample 1a to Art. 44 Bavarian Budget Code (BayHO). At the same time, a copy of the application must be sent to the legal supervisory authority, unless the latter is itself the granting authority.

Further procedure:

  • The government examines and decides on the application.
  • Allocations are granted by the government for one financial year at a time.

Special notes

The construction measure may only be started after a corresponding approval notice has been issued or after prior consent to the early start of the measure has been given.

Deadlines

Applications for allocations must be submitted in single copy within the time limit set by the relevant government.

Required documents

  • Construction documents in accordance with No. 3.2.2.4 Administrative Regulations for Grants from the Free State of Bavaria to Municipal Corporations (VVK)

    as far as the presentation according to No. 3.2.2.4.6, 6.2.4 or 6.2.5 VVK cannot be waived

  • Decision of the competent local authority to carry out the project or to participate in the action of another body
  • if several municipalities are involved in the financing or use:

    • for each municipality, an overview of the financial situation in accordance with model 2 of the VV to Art. 44 BayHO as well as
    • an overview showing the distribution of the burdens among the participating municipalities.

  • Calculation of rent in the case of letting of the building project subsidised under Article 10 BayFAG and confirmation that the rent does not contain any investment cost components covered by the state allocations.
  • if lump sums are applied (for new buildings and extensions), the following documents must be enclosed with the application for allocation, in deviation from No. 3.2.2.4 VVK:

    • Proof of permissibility under building law (No. 3.2.2.4.2 VVK)
    • Cost calculation (No. 3.2.2.4.4 VVK)

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: Kosten von Hochbauten (Muster 5 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: Erläuterungsbericht zum Antrag auf Gewährung einer Zuwendung für eine Hochbaumaßnahme (Muster 6 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: Flächenzusammenstellung zum Erläuterungsbericht (Muster 6a 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: Maßnahmeerhebungsbogen
    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: Vergabenachweis für die Baumaßnahme (Anlage zu Muster 4 nach 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: 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.

Remedy

Administrative court proceedings; information

administrative claim

Links to more information

Status: 20.08.2021

Responsible for editing: Bayerisches Staatsministerium der Finanzen und für Heimat

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