Law on the elimination of subsidisation in the housing sector (AFWoG)

Unofficial table of contents

AFWoG

Date of completion: 22.12.1981

Full quote:

" Law on the reduction of the subsidisation in housing in the version of the notice of 13 September 2001 (BGBl. 2414), as last amended by Article 8 of the Law of 5 September 2006 (BGBl I). I p. 2098) "

Status:	New by Bek. v. 13.9.2001 I 2414;
	Last amended by Art. 8 G v. 5.9.2006 I 2098

For more details, please refer to the menu under Notes

Footnote

External force as at 31 December 1994. by Art. 3 G v. 8.6.1989 I 1058 mWv 16.6.1989

(+ + + Text evidence from: 1.1.1982 + + +) 

  

The G was decided as subarticle 1 of the article 27 G 63-15 -3 v. 22.12.1981 I 1523 (HstructG 2) by the Bundestag with the consent of the Bundesrat. It's gem. Art. 27 Unterart. 5 (5) sentence 1 entered into force on 1 January 1982. Unofficial table of contents

§ 1 Compensation of the holders of rental flats

(1) Holdings of a publicly subsidised apartment within the meaning of the Housing Act shall, subject to § 2, have to pay a compensation if:

1.

their dwelling is situated in a municipality determined by the national law referred to in paragraph 4; and

2.

their income exceeds the income limit (§ 3) by more than 20 of the hundred.

Several owners of the same apartment are all debtors. (2) If more than half of the living area of an apartment is under-rented, then the underrented part is also valid as an independent apartment. If half or less than half of the living area of an apartment is under-rented, the subletting and the non-subrented part together form an apartment; the users of the sub-leased part shall not be deemed to be the owner of the dwelling; This is because they are members of the household within the meaning of § 18 of the Housing Promotion Act. If the owner or other authorized person rents part of the apartment used by the owner himself, the rates 1 and 2 shall apply accordingly. (3) The compensation shall be monthly per square metre of living space

1.

EUR 0.25 if the income limit is exceeded by more than 20 per cent, but not more than 35 per cent,

2.

EUR 0.60 if the income limit is exceeded by more than 35 per cent, but not more than 50 per cent,

3.

1 euro if the income limit is exceeded by more than 50 of the hundred.

(4) In accordance with the first sentence of the first sentence of paragraph 1, only those municipalities in which the cost rents (§ § 8 to 8b of the Housing Act) publicly subsidized rental apartments can be determined can be determined by the local rents of comparable, non-price-based rents. Rental apartments are significantly less than. If this condition is met by a municipality, the provision may be waited if the administrative burden for the levying of the compensatory payment would be disproportionate to the expected revenue. Unofficial table of contents

§ 2 Exceptions

(1) A compensatory payment shall not be made if:

1.

it is a self-employed residential property within the meaning of section 17 (2) of the Housing Promotion Act; § 1 para. 2 sentence 3 remains unaffected;

2.

an apartment owner receives housing benefit;

3.

a housing owner

a)

Current benefits for living according to the Twelfth Book of Social Code or

b)

Supplementary assistance for subsisting in accordance with § 27a of the Federal Supply Act or

c)

Benefits for the maintenance of the subsists according to the Second Book of Social Code

, and, in addition, no income should be obtained where a compensatory payment would be required;

4.

an owner of the apartment uses the apartment on the basis of a certificate of residence (§ 5 of the Housing Act), which has been issued within the last two years, in the cases of the § 5 (1) sentence 2 (b) of the law applicable until 31 December 2001. Housing binding law and the § 5 of the Housing Binding Act as of 1 January 2002 in conjunction with § 27 (3) sentence 4 No. 2 of the Housing Promotion Act within the last three years before the beginning of the performance period (§ 4) , or

5.

in accordance with § 7 of the Housing Code Act, which was in force until 31 December 2001, an exemption has been issued

a)

for the area in which the apartment is located, or

b)

for an apartment under the condition of a higher interest rate or other current payment

or in accordance with Section 7 (1) of the Housing Act in connection with Section 30 of the Housing Promotion Act, which is in force on 1 January 2002, an exemption has been issued for the area in which the apartment is located.

(2) The levying of a compensatory payment may, in the case of individual dwellings or of certain types of flats, be wholly or partly subject to the assumption that the leasability of these apartments would otherwise be justified during the period of the (3) This law does not apply to publicly funded residences. Unofficial table of contents

§ 3 Income, income limit

(1) The income and income limit are determined in accordance with § § 9 and 35 (1) sentence 1 of the Housing Promotion Act; insofar as a deviation is established on the basis of § 9 (3) of the Housing Promotion Act, the income limit is determined according to this deviation. All persons who do not only use the apartment temporarily are to be taken into account, unless otherwise indicated in § 1 (2). (2) The ratios are determined on 1 April of the year preceding the performance period (§ 4). By way of derogation,

1.

in the cases of § 4 (3), the date of the application for the right of residence or, in the case of non-representative subsequent application, the date of the residence of the dwelling,

2.

in the cases of § 4 (4) sentence 3, the date of the request pursuant to section 5 (1) and

3.

in the cases referred to in Article 7 (2), the date of application

authoritative. Unofficial table of contents

§ 4 Start of compensation payments, benefit period

(1) The service obligation shall begin

1.

for holders of housing for which public funds have been granted before 1 January 1955, on 1 January 1983,

2.

for holders of housing, for which public funds have been granted after 31 December 1954 but before 1 January 1963, on 1 January 1984,

3.

for holders of housing for which public funds have been granted after 31 December 1962, on 1 January 1985.

(2) If a notification of benefit is granted only at a later date as referred to in paragraph 1, the service obligation shall begin on the first day of the second calendar month following the grant of the certificate. (3) The following shall be held in the Land of Berlin. Conditions for the performance of a compensatory payment already before the granting of the certificate of housing entitlement under the Housing Code, the compensation payment is to be made from the receipt of the apartment. (4) The monthly Compensatory payments shall be fixed for a period of three years (performance period) . In the cases referred to in paragraphs 2 and 3, the period of benefit shall be determined in such a way as to terminate at the date on which it also ends in the case of other dwellings of the class of years referred to in paragraph 1. A re-examination of the income situation shall be allowed until the beginning of the last year of a performance period if the competent body has reserved the review. (5) The compensation payment shall be rounded off to a full euro. Amounts up to EUR 10 per month are to be paid monthly, higher amounts per month in advance. Unofficial table of contents

§ 5 Income certificate, information

(1) Each owner of the housing shall, upon request, designate the persons who not only temporarily use the dwelling and whose income or the existence of the conditions set out in § 2 (1) shall be proved, insofar as this information is provided in the determination of the The income and income limit must be taken into account (Section 3 (1) sentence 2). It must be given a reasonable period of time. In the case of the owner of the apartment who has received the request for the first sentence, any other owner of the apartment shall be obliged to provide the necessary information and to hand out the relevant documents. (2) The owner of the apartment fails to comply with the deadline. in accordance with paragraph 1, it shall be presumed that the conditions laid down in Section 2 (1) are not met and that the income limit is exceeded by more than 50 per cent. If the obligation referred to in the first sentence of paragraph 1 is subsequently fulfilled, the payment shall be made from the first day of the third calendar month to only the amount resulting from the review of the income situation; in the cases of § 2 (1) (2) and (2) (2) of the 3 shall not be required from the beginning of the service period. (3) All authorities, in particular the financial authorities, as well as employers shall provide the competent authority with information on the income situation to the extent that the implementation of this Law it requires. Unofficial table of contents

§ 6 Restriction of compensation payments

(1) The compensatory payment shall be limited to the difference between the amount permitted for the dwelling and the maximum amount applicable to it in accordance with paragraph 2. The application can only be made in the cases of § 7 para. 2 no. 4 only up to the expiry of six months after the delivery of the performance notice. (2) The maximum amount is in municipalities for which a leasing mirror within the meaning of § 558c or § 558d of the The civil code consists of the upper limit of the rental period for housing of comparable type, size, equipment and quality in terms of average position. In the other municipalities, the maximum amounts for the apartments of the individual groups of years (§ 4 (1)) according to municipal size classes are determined by the national governments at the beginning of the performance periods by means of a decree-law. For the respective community size classes, the charges for non-price-based living space of comparable type, size and equipment which can be achieved in the case of new rental are to be based on an average position. Municipalities with a rental level substantially deviating from the authoritative community size class can be assigned to the community size class corresponding to their rental level. The national governments may, by means of a legal regulation, determine that the legal regulations are to be adopted in accordance with the second sentence of the second sentence. (3) In determining the difference referred to in paragraph 1, in cases where the permissible charge is for the dwelling and the maximum amount referred to in paragraph 2, the costs of operating costs shall be different from each other, without the separately being shown separately, for the purpose of making lump sums. The Federal Government is empowered to adopt, by means of a regulation with the consent of the Federal Council, provisions concerning the fixing of these lump sums. (4) The fee actually paid shall be the permissible remuneration within the meaning of paragraph 1. , unless it is not only insignificantly different from the price-legally permissible charge. If the owner or other authorized person uses the apartment itself, the fee is to be considered as the permissible fee. (5) If a tenant has a financial contribution authorised under Section 50 of the Second Housing Act In so far as the contribution has not yet been repaid, the annual fee shall be added to the annual fee, at the request of 6,5 of the hundred. The financing contribution shall be equal to the funds of the compensation fund determined in accordance with the burden-balancing act as an integration loan or with a similar purpose in public budgets. (6) A tenant has his or her own funds. Apartment, with the consent of the owner or other persons entitled to dispose, modernised at its own expense or reimburse the owner or other persons entitled to dispose of the costs of such a measure, and would be reimbursed for the apartment without the Modernisation of a lower maximum amount shall be based on the . Unofficial table of contents

§ 7 omission and reduction of the duty obligation

(1) The service obligation shall be issued as soon as

1.

the apartment is no longer considered to be publicly funded within the meaning of the housing binding law, or

2.

none of the owners of an apartment use it anymore.

(2) The obligation to pay shall be deducted, on request, from the first day of the calendar month following the request, to the amount corresponding to the conditions at the time of the application, if that amount is lower, because

1.

the income no longer exceeds the income limit, or

2.

the income has been reduced by more than 15 per hundred, or

3.

the number of persons who are not only temporarily part of the household has increased or

4.

the fee allowed for the apartment has increased by more than 20 per cent without operating costs, surcharges and allowances; § 6 (3) sentence 1 shall apply mutagenally.

The application may only be submitted by six months before the end of the performance period. Unofficial table of contents

§ 8 Validate for miners ' housing

This law applies to the holders of flats which have been promoted in accordance with the law for the promotion of mining in the coal industry, if the owner is not entitled to residence within the meaning of Article 4 (1) of the Act. Point (a), (b) or (c) of the said Act. Unofficial table of contents

§ 9 applicable to dwellings which have been funded with housing assistance

(1) This law shall be applied to holders of tax-benefit or self-financed dwellings which have been funded with housing assistance in the sense of § § 87a and 111 of the Second Housing Act, as long as the Staffing law. § 2 (1) no. 5 shall not apply. (2) If the conditions for the performance of a compensation payment already exist in the exercise of the right of occupation, the compensation payment shall be made with respect to the apartment. (3) The use of the apartment shall be in accordance with the provisions of (4) In the event of a direct connection to the public service or to the place of employment, the holder shall be exempted from the compensatory payment for a period of three years from the date of receipt of the apartment. paragraphs 2 and 3, by way of derogation from the first sentence of Article 3 (2), shall be six months before the start of the the obligation to provide services. Unofficial table of contents

Section 10 Purpose of compensation payments

(1) The competent authority shall pay the compensatory payments to the country. The revenue from the compensation payments is ongoing for the social housing development according to the Housing Promotion Act as well as for the financing of the approved on the basis of the Second Housing Act and the Housing Act for the Saarland Promote the use of the system. Where the income from the compensatory payments has been used before 1 January 2002 for the promotion of social housing, the promotion of which has not been terminated by the end of 31 December 2001, the rise from the compensatory payments may be used. continue to be used for the promotion of such housing. (2) Compensation payments for miners 'apartments, which have been promoted with trusteeship funds, are to the Trusteeship Office (§ 12 of the Law on the Promotion of the Mining Workers' Housing in the coal industry). The revenue is trustee. (3) In the cases of § 9, the compensatory payments are to be paid to the loan or grant donor. They are to be used for the promotion of housing within the meaning of Article 45 (1) of the Housing Promotion Act, insofar as there is a need for this. (3a) In the case of flats which are financed with funds from the Federal Republic of Germany's special assets under public law , loan or grant donors shall be eligible for special assets. If one of these assets is transferred to a form of private law and if the legal successor of this special asset is subject to compensation payments in accordance with the provisions of national law, the following shall apply with regard to the collection of the Compensatory payments made by the Federal Government as a loan and grant provider within the meaning of paragraph 3. The legal successor is obliged to pay the revenue from the compensation payments annually to the federal budget. He is reimbursed by the Federal Government for the administrative burden for the collection of the compensation payments and for the modernization costs of the subsidised apartments of 25% of the annual revenue from the (4) compensatory payments for modernisation measures. (4) compensatory payments for dwellings other than public funds with housing assistance in the sense of the § § 87a and 111 of the Second Housing Act have been promoted, paragraph 3 where the loans granted for the dwelling or the loans financed by interest and redemption outweigh the amount of the loan from the housing assistance. Unofficial table of contents

Section 11 The competent authority

The competent authority shall be the body designated by the Land Government or which is competent under national law. In the cases of § 9, the tasks of the competent authority of the body exercising the right to pay shall be assigned to the extent that the loan or grant provider does not designate a different body. To the extent that the right of occupation is exercised by a body outside the public administration, it shall carry out public tasks in the course of the implementation of this law. Unofficial table of contents

§ 12 Valiage in the Saarland

(1) This law shall apply in the Saarland only with the following measures:

1.

§ § 1 to 7 shall apply accordingly to holders of publicly subsidised flats as defined in the Housing Act for the Saarland in the version of the notice of 20 November 1990 (OJ of the Saarland 1991 p. 273);

2.

§ 8 applies accordingly to holders of flats which have been funded with funds from the Trust Fund of the Federal Government for the promotion of the mining housing construction in the coal industry; this also applies to owners of apartments, which are using public funds as defined in Section 4 (1) of the Housing Act for the Saarland, in addition to or instead of the funding from the German federal funds, with funds from the Foundation's assets for the construction of the housing of the miners in the Saarland or with funds from the Foundation for the Employers ' loans have been encouraged;

3.

§ 9 applies accordingly to holders of flats which, under the agreement of a housing law, have been promoted from public budgets for public service members or similar categories of persons , as long as the right of occupation is in place. In these cases, Section 10 (3) and (4) shall apply mutas to the purpose of the compensation payments.

(2) The provincial government shall, by means of a legal regulation, regulate the details of the implementation of this law with regard to the legal characteristics in the Saarland. Unofficial table of contents

Section 13 Special arrangements for the Land of Bremen

In the Land of Bremen, compensation payments shall not be made if the granting of public funds has ensured that the subsidy granted is in proportion to the amount of the housing owner's excess of income. , which does not fall below the total compensatory payments to be made under this Act. Section 4 (1) shall apply with the proviso that the period of authorisation referred to in point 2 shall end on 31 December 1958 and that the period of authorisation referred to in point 3 shall start on 1 January 1959. Unofficial table of contents

§ 14 Land law provisions

(1) The provisions of this Act shall no longer apply in so far as national provisions are enacted in their place. National provisions adopted under this Act by 31 December 2001 shall remain unaffected by the amendments to this Act as from 1 January 2002. (2) Insofar as before § § 8 and 25 bis 25d of the Second Housing Act in the respective version by reference to these regulations or to § 3 or to other regulations apply to 1 January 2002 according to the law of the Performance assessments, in so far as they are wholly or in part performance periods prior to 1 January 2005 , in so far as Articles 8 and 25 to 25d of the Second Housing Act are in force in the version valid until 31 December 2001. To the extent that national law refers to sections 8 and 25 to 25d of the Second Housing Act in a version in force before 1 January 2002, performance assessments shall apply insofar as they wholly or partially benefit periods from the date on which they apply. 1 January 2005, to the extent that § § 9, 18 and 20 to 24 of the Housing Promotion Act. If a notification of benefit has been granted, which also refers to a period after 31 December 2004, if the situation is based on 1 January 2005, no compensatory payment or only a smaller amount of compensation shall be obtained in the cases of: Sentences 1 and 2 for the period from 1 January 2005 to a new communication. The provisions of the first sentence of the first sentence of paragraph 1 remain unaffected by sentences 1 to 3. (3) For administrative procedures of a period of benefit not yet completed on 1 September 2001, on the date of its closing date in accordance with Section 3 (2) of this Regulation. In the sense of § 2 of the law governing the height of the rent, this rental mirror should continue to be used. Unofficial table of contents

Section 15 Code of leftiation regulations concerning the Housing Promotion Act

(1) By means of national law, it can be determined that the owner of the housing is the one in § 50 (1) sentence 1 No. 1 to 3 and sentence 2 of the Housing Promotion Act and in § 2 para. 2 of the Housing Promotion Act of 5 September 2006 (BGBl. 2098, 2100) in place of a compensatory payment pursuant to this Act and the state-of-the-art regulations issued thereto, a compensatory payment in accordance with § § 34 to 37 and § 45 (2) of the Housing Promotion Act (2) The obligation to pay compensation pursuant to paragraph 1 shall be subject to the obligation to pay compensation under this Act. (3) In the case of Article 2 (2) (2) of the Housing Promotion Act The compensation payments may be restricted to housing owners who are not entitled to residence within the meaning of Article 4 (1) (a), (b) or (c) of the Law on the Promotion of Mining Housing in the Coal Mining Act. In the case of the housing referred to in § 50 (1) sentence 1 sentence 1 no. 3 of the Housing Promotion Act and in § 2 para. 2 of the Housing Promotion Act, the purpose of the compensation payments is to be replaced by Section 34 (6) of the German Housing Promotion Act (Housing) Act. (4) The Länder may, by means of national law, determine that housing holders of the living space referred to in § 50 (1) sentence 1 sentence 1 no. 4 of the Housing Promotion Act and of the Flats, which are funded in accordance with § 87b sentence 1 and § 88d of the Second Housing Act until 31 December 2001 (5) § 51 of the Housing Promotion Act shall remain unaffected. (5) § 51 of the Housing Promotion Act shall remain unaffected.