Bavarian home ownership allowance only with exemption procedure?

  • Erstellt am 2018-12-22 17:34:11

HausMatt

2018-12-22 17:34:11
  • #1
Hello everyone

I have noticed a potential injustice regarding the Bavarian homeowner allowance:

Under Bayernlabo.de/eigenwohnraumfoerderung/eigenheimzulage/ it states the funding requirements for the Bavarian homeowner allowance, including:
“it must be an approval-free project for which, after 30.06.2018, the deadline according to Art. 58 Para. 3 Sentence 3 BayBO has expired or the municipality has issued a notification according to Art. 58 Para. 3 Sentence 4 BayBO.”

This concerns construction projects approved within the framework of the permit exemption procedure.

For my own construction project, the building permit was granted in the simplified procedure according to Art. 59 BayBO.

The reason why the building application was submitted this way and not through the permit exemption procedure was merely a deviation concerning the positioning of a parking space.

I now fear that because of the damn parking space, I will not benefit from the Bavarian homeowner allowance.

Has anyone already gained insights on this?
 

11ant

2018-12-22 17:56:50
  • #2
I can only imagine that this "among other things" is significant, i.e. that the quoted paragraph only deals with the conditions for the inclusion of the "Freisteller" - namely a time window for the cases to be included. So that for Freisteller a time window is decisive which is not relevant for classic full building permits. In another paragraph I suspect either a different time window for these, or they were already dealt with in one sentence before and you overlooked them. This is not my field, but that only Freisteller should be funded seems illogical to me.
 

11ant

2018-12-23 00:56:51
  • #3
As I already suspected, you simply overlooked the preceding paragraph:

Funding is possible if:

    [*]the building permit for the property was issued after 30.06.2018 or a notarized purchase contract was concluded.
    [*]it is a permit-free project for which the deadline according to Art. 58 Para. 3 Sentence 3 BayBO has expired after 30.06.2018 or the municipality has issued a notification according to Art. 58 Para. 3 Sentence 4 BayBO.

So you simply missed the first of the two listed points. Therefore, the decisive date for all three options is
- construction with approval or
- purchase or
- construction as permit-free
June 30 of the current year, before which the object to be funded must not yet have been acquired (then the notarization date counts) or realized by yourself (then the issuance of the permit counts, or in the case of permit-free construction, the expiration of the veto period).

The three ways you came to the house are equivalent – the important thing is the timing. After all, the aim is to promote the creation of living space, not existing stock. Therefore, only "new" living space is specifically supported.
 

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