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Allotment garden organization; application for non-profit status

An allotment garden organization can be recognized as a non-profit organization upon application.

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Landratsamt Berchtesgadener Land
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Street address

Salzburger Straße 64
83435 Bad Reichenhall

Postal address

Salzburger Straße 64

83435 Bad Reichenhall

Website

www.lra-bgl.de

Regierung von Oberbayern

Street address

Maximilianstraße 39
80538 München

Hinweis: Wir empfehlen eine vorherige Terminvereinbarung bei persönlichen Vorsprachen

Postal address

80534 München

Procedure details

An allotment garden is a garden that serves the user, i.e. the allotment gardener, for non-commercial horticultural use, in particular for the production of horticultural products for personal use, and for recreation and is located in a complex in which several individual gardens with communal facilities, for example paths, play areas and clubhouses, are grouped together.

An allotment garden organization is the union of allotment gardeners in an association or a union of allotment garden associations in a federation (federation of associations).

An allotment garden organization can be recognized as a non-profit organization upon application by the competent authority.

Recognition as a non-profit organization is a prerequisite for the application of certain legal provisions that are more favourable to the allotment gardener with regard to the lease.

Competent authority: If the seat of the allotment garden organization is located in an independent city, then the local government; otherwise the local district office. The locally competent authority is the government or the district office in whose district the allotment garden organization has its seat.

An allotment garden organization can be recognized as a non-profit organization upon application if

  • it is registered in the register of associations,
  • it submits to regular audits of its management and
  • the statutes stipulate
    • that the sole or main purpose of the organization is the promotion of allotment gardening in accordance with the principle of selflessness and the professional support of its members,
    • the principles according to which new allotment gardens to be leased are allocated,
    • that the income generated is used for allotment garden purposes and
    • that if the organization is dissolved, its assets will be used for charitable purposes within the meaning of the allotment garden law with the consent of the competent authority.

  • Statutes of the association
    in case of change: with minutes of the general meeting
  • Cash report of the association
  • extract from the register of associations
  • Activity report of the association

Fees and expenses in accordance with the Bavarian Costs Act

Allotment garden non-profit status is not identical to non-profit status for tax purposes.

Administrative court action
Status: 26.11.2024
Editorially responsible for prodecure description: Bayerisches Staatsministerium für Wohnen, Bau und Verkehr
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