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 upon application if they have been approved by the school authorities.

Description

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

If the need for such facilities is recognized, dormitories at municipal residential schools (Art. 106 Sentence 2 BayEUG) and municipal dormitories pursuant to Art. 106 Sentence 4 BayEUG, which predominantly accommodate students of vocational schools, may 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 that is necessary in itself unnecessary, and
  • general and partial renovations if they serve a fundamental overhaul and the project is brought to a structural and technical standard that it would have to have in the case of a new construction. Allocable expenses of rehabilitation must be at least one-fourth of the comparable cost of new construction.

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

Allocation Recipients

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

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

Allocable expenses

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

Type and amount

The allocations are granted as share financing. In determining the amount of the allocation, particular consideration is given to 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 interest of the state and the amount of available funds.

Funding framework:

  • Public schools, school sports facilities: 0 to 80%.
  • dormitories for pupils: 0 to 40
  • Initial 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%.

Funding for municipal construction investments for the expansion of formally approved restricted or open all-day programs (Art. 6 (4) of the Bavarian Education Act) is provided under a special "FAGplus15" program with a 15 percentage point premium on the "usual" funding rate.

Prerequisites

The funding is based on the space and area requirements determined by the school authorities. In the case of new buildings, conversions and extensions, as well as the acquisition of buildings, this is determined in the school supervisory permit to be applied for from 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.
  • A subsidized construction measure must generally be used for the allocation purpose 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 expenses 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 programs of the development banks acting on behalf of the Bavarian State Government and the development institute BayernLabo are generally permitted without restrictions under subsidy law.
  • The measure must be economically viable.
  • Procurement regulations must be complied with.
  • Grants are only awarded for projects whose allocable expenses exceed €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" program 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 of the 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 approved 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 obtained.

Deadlines

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

Required documents

  • Evidence that the requirements have been met

    • Construction documents according to VV No. 4 of Annex 4a to Art. 44 BayHO, unless the submission according to VV No. 4.6 of Annex 4a to Art. 44 BayHO can be waived
    • Decision of the responsible municipal body to carry out the project or to participate in the measure of another sponsor
    • applications for and commitments of allocations by third parties
    • If several municipalities are involved in the financing or use:
      • for each municipality an overview of the financial situation according to model 2a or 2b of the VV to Art. 44 BayHO as well as
      • an overview showing the distribution of burdens among the participating municipalities.
    • Calculation of rent in the case of renting the construction project funded under Art. 10 BayFAG as well as a confirmation that the rent does not contain any investment cost shares covered by the state allocations.

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: 23.06.2022

Responsible for editing: Bayerisches Staatsministerium der Finanzen und für Heimat

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