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Child daycare facilities; application for an allocation for construction measures

Upon application, the Free State grants subsidies for municipal construction measures at day-care centers.

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Procedure details

As part of the municipal financial equalization scheme, the Free State of Bavaria supports local authorities with grants for construction work on necessary child daycare facilities in accordance with Art. 10 of the Bavarian Financial Equalization Act (BayFAG).

Child day care facilities are

  • Crèches (mainly for children under the age of 3)
  • Kindergartens (mainly for children from the age of 3 until they start school)
  • After-school care (mainly for school children)
  • Houses for children (offer for children of different age groups)

Funding is available for

  • New buildings, conversions and extensions
  • the acquisition including conversion or repair of buildings, insofar as they make a necessary new building or extension unnecessary and
  • general and partial renovations if they serve a fundamental overhaul and the project is brought up to a structural and technical standard that it would have to have in the case of new construction. The eligible expenditure for refurbishment must amount to at least a quarter of the comparable new construction costs.

Measures for ongoing maintenance (upkeep costs) and the costs of ongoing operation are not eligible.

Recipients of allocations

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

If a project is carried out by another project sponsor (e.g. construction of a day-care center by a church sponsor) and the municipality contributes to the construction or acquisition costs with a grant, the municipality will be granted allocations in accordance with Art. 10 BayFAG.

Eligible expenditure

The basis for state funding is not the total costs, but the eligible expenditure. Eligible expenditure is determined in accordance with No. 5.2 of the Allocation Guidelines (FAZR).

Type and amount

The allocations are granted as proportional financing. When determining the amount of the allocation, particular consideration is given to the financial situation of the local authority, taking into account demographic trends, the importance of the construction project, a catchment area that extends beyond the territory of the local authority, the interests of the state and the amount of funds available.

Funding framework for child daycare facilities: 0 to 80%

The funding rate orientation value for municipalities whose financial situation corresponds to the state average for comparable municipalities is: 50% for daycare facilities for children

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

  • The local need for places must be recognized by the municipality.
  • The child day care facility must be eligible for funding in accordance with Art. 19 of the Bavarian Child Education and Care Act (BayKiBiG).
  • The building project must not be objectionable from a technical point of view.
  • The overall financing must be secured. The local authority must be in a position to raise the necessary own funds and also to finance the expected follow-up costs in the future.
  • The measure must not have been started yet.
  • The eligible expenditure must amount to more than €100,000.
  • Measures to implement accessibility/inclusion are eligible for funding if the eligible expenditure exceeds €25,000
  • A funded construction project 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 the same 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 programs of the development banks acting on behalf of the Bavarian State Government and the BayernLabo development institute are generally permitted without any restrictions under funding law.
  • The measure must be cost-effective.
  • Direct contracts are only permitted in accordance with the procurement principles applicable to local authorities.

  • Proof that the requirements have been met

    • Construction documents in accordance with VV No. 4 of Annex 4a to Art. 44 BayHO, unless submission in accordance with 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 body
    • Applications for and commitments of third-party allocations
    • if several municipalities are involved in the financing or utilization:
      • for each local authority, an overview of the financial circumstances in accordance with model 2a or 2b of the VV to Art. 44 BayHO and
      • an overview showing the distribution of the charges among the participating municipalities.
    • Rent calculation in the case of renting out the construction project subsidized under Art. 10 BayFAG as well as confirmation that the rent does not include any investment cost shares covered by the state allocations

The grant application must be submitted to the government using template 1a of Art. 44 of the Bavarian Budget Code (BayHO) together with the necessary documents. 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.

Construction work may only commence after a corresponding approval notice has been issued or after prior approval for early commencement of the project.

Optional opposition procedure

  • Appeal procedure (optional); lodging an appeal

    If the objection has no suspensive effect, an application for suspension of enforcement can be made to the original authority or the objection authority in accordance with Section 80 (4) VwGO. Instead, an application for an order or restoration of the suspensive effect of the objection can be made to the competent Bavarian Administrative Court in accordance with Section 80 (5) VwGO.

    Please note: If it concerns the demand for public charges and costs (§ 80 Para. 2 Sentence 1 No. 1 VwGO), an application to the court is generally only admissible if the authority has previously rejected an application for suspension of enforcement (§ 80 Para. 6 VwGO).

Status: 01.07.2025
Editorially responsible for prodecure description: Bayerisches Staatsministerium der Finanzen und für Heimat
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