Bavarian Housing Program - Winter Garden and Spouses

Hello everyone,

we are planning an extension with a heated winter garden and have seen that the Bavarian housing construction program, according to the statement on the homepage, also considers "Erweiterung und Veränderung von bestehenden Wohnraum".

Now the question arises whether a heated winter garden also falls under this.

In the Bavarian housing promotion law it says that

"Wohnungsbau das mit wesentlichen Bauaufwand verbundene Schaffen von dauerhaften Wohnraum durch Neubau, Änderung oder Erweiterung von Gebäuden ist."

When reading it superficially, I would say yes, but I am not sure.

Does anyone know anything about this?

The second point is that in the housing promotion regulations it states that for households living in a marital community, "in aller Regel" both spouses must be or become owners.

In our case, only one is registered.

Does anyone know how "in aller Regel" is handled? Or if this only applies to acquisition? Because then we would have to register the other, which would actually only cause costs.

The background is that we have 5 children and with costs for a winter garden of about 50,000.00 euros, a grant of 25,000.00 would of course be very welcome.

But maybe I also saw something else why it might not work.

You don't live in the winter garden after all

The second point would be that the housing promotion regulations state that in households living in a marital community, "as a rule," both spouses must be or become owners.

If both want to be recipients of the funding (and are jointly and severally liable for repayments), it logically follows that the security must also be owned by both. In addition, they should then both jointly have usufruct rights on the funded property and both fulfill the funding conditions. At least, that is how I would interpret or derive it. Otherwise, having the wife entered in the land register would be rather, I’d say, "atypical" for the family image of a black-ruled federal state.

According to the Wohnflächenverordnung, heated winter gardens are fully counted as living space.

In the Förderbedingungen, the Zweite Berechnungsverordnung is applied, which in turn refers to the Wohnflächenverordnung for living spaces.