Official residence

from Wikipedia, the free encyclopedia

An official residence in Germany is an apartment in buildings owned by the employer, rented by him or otherwise used, which is intended as an apartment for persons in an employment relationship ( civil servants , soldiers and judges ) and which is regularly in spatial connection with his department . For persons in a public office , such as members of the constitutional organs of the Federation, such apartments are synonymous with official apartments . The official apartment is a closed unit of several rooms in which a household can be run, including a kitchen or a room with cooking facilities. It also includes a water supply, sink and toilet ( Section 10 (3 ) BUKG ). If these criteria are not met, this is business accommodation. It is mostly used for temporary accommodation, e.g. B. for courses . Company apartments are also to be distinguished from company apartments that a private company leaves or rents out to its employees .

General

The official residence can be moved into voluntarily or upon official orders. The right of use is based on the public law allocation and not on a private law rental agreement . A company apartment cannot therefore be terminated according to Section 576 of the German Civil Code , but the employer can revoke the assignment, whereupon the resident must vacate it. The apartment can only be withdrawn from the resident if a suitable replacement apartment is available. From the service quite handy fiduciary duty arises that the apartment are in a proper condition and must be received by the employer.

In certain cases, the conversion of a company apartment into a factory rental apartment is an option.

Official housing under federal law

If the work situation so requires, the superior can instruct that a federal civil servant must move into an official residence ( Section 72 (5 ) BBG ).

Owners of a company residence abroad do not receive a rent subsidy ( Section 54 (5 ) BBesG ). The relocation cost allowance is to be promised for relocations on the instruction of the superior to move into a company apartment as well as on the occasion of vacating a company apartment on official instructions ( § 3 Abs. 1 Nr. 2 f. BUKG ).

Utilizations and benefits in kind may only be granted to members of the public service against appropriate remuneration. The Federal Ministry of Finance regulates the details for the allocation, use, administration and determination of the value in use of company apartments . The company apartments, with the exception of the company apartments for employees and workers, are to be included in the budget ( Section 52 p. 3 f. BHO ).

The official housing of the clergy and church servants of public religious societies and the Jewish religious communities are exempt from property tax .

Official apartments of the federal government

Official apartments are apartments in buildings owned by the federal government, rented by the federal government or otherwise used, which are intended as apartments for the members of the federal government and are specially prepared for these purposes with regard to their position and obligations ( Section 1 (1) BRegEntschBest). Since the members of the federal constitutional organs do not have a service but an official relationship , their apartments are not referred to as official, but as official apartments.

The members of the Federal Government receive daily allowance and travel allowance for official activities outside their official place of residence; they will also be reimbursed for their accommodation costs. Since they are not civil servants, they do not fall within the scope of the Federal Moving Costs and Travel Expenses Act and the Separation Allowance Ordinance . The payments are based on the BRegEntschBest .

The official residence will be structurally maintained and otherwise maintained at the expense of the federal government within the available budget ( § 2 sentence 1 BRegAmtsWoVwVs). The federal government bears the costs for the maintenance, renewal and addition of the federally owned furnishings within the available budget ( Section 2 (1) BRegAmtsWoVwVs). The federal government bears the costs for cleaning, heating, the water supply and the lighting of the study and lecture rooms, the associated anteroom and waiting rooms, the premises for representation purposes and the entrances to the official apartments, such as corridors, corridors and stairs ( Section 5 Para . 1 BRegAmtsWoVwVs). The cleaning of the other rooms is the responsibility of the apartment owner ( Section 6 (1) BRegAmtsWoVwVs). For this he has to pay a heating fee ( § 7 Abs. 1 BRegAmtsWoVwVs) and bears the costs of lighting, gas and electricity ( § 9 S. 1 BRegAmtsWoVwVs). The apartment owner bears the costs for cold water that is not used for representation and work purposes or for garden maintenance ( Section 8 (1) BRegAmtsWoVwVs). The gardens, garden houses, etc. belonging to the official residence are maintained, planted and illuminated within the available budget at the expense of the federal government, and garden furniture and equipment are procured and maintained ( Section 10 BRegAmtsWoVwVs).

The Federal President and the President of the German Bundestag , who are not members of the Federal Government, have free official apartments with furnishings.

Company housing abroad

If the foreign service official at a place of employment is unable to rent a suitable apartment under reasonable conditions within a reasonable period of time, a company apartment should be made available ( Section 27 (3 ) GAD ). A foreign service official can be instructed to move into an appropriate official residence abroad if the official and local conditions require it ( Section 27 (4 ) GAD ). The civil servants, civil servants' assistants and employees in the business area of the Foreign Office have to move into company apartments abroad in federally owned buildings and in buildings rented by the federal government, insofar as they can be made available. Of 2962  posts for civil servants abroad in 2019, 474 were with a company residence, of 1315 positions for employees 110 were with a company residence.

Company housing abroad are those apartments or individual living spaces that are assigned to civil servants, soldiers or employees under collective agreements with the express designation as company accommodation without concluding a rental agreement in accordance with the company housing regulations abroad (DWVA). Company apartments in the budget are allocated to civil servants if the official and local conditions so require. The highest service authority decides on the allocation . The supervisory authority has to set the rental value for every company apartment; this forms the basis for setting the company housing remuneration. The company accommodation remuneration and the equipment remuneration must be retained when the monthly remuneration is paid . There is no entitlement to a certain size of the company apartment. The official residence is revocably allocated to the civil servant for the time of the activity at the foreign duty station. Company apartments can be equipped with federally owned items within the budget available, especially in climatically unfavorable areas, or due to the security situation. There is no entitlement to official equipment.

Service apartments with reception rooms can be provided for heads of embassies , permanent representations at intergovernmental or supranational organizations, consulates general and for envoys of grade B 6 as permanent representatives within the framework of the available budget . The number and size of the reception rooms are basically based on the requirements at the place of work and the space available. When assigning reception rooms, it is assumed that the civil servant has the space for smaller social events in the private living area of ​​the official apartment that corresponds to his or her senior position. Reception rooms can be fully or partially equipped, provided that budget funds are available. The federal government bears the costs of maintaining and replacing the equipment. The federal government bears the necessary costs of cleaning, lighting and heating and all other consumption-dependent ancillary costs for such reception rooms, which are intended exclusively for events required for business reasons. If an ornamental or residential garden belongs to the reception rooms, the property management authority bears the costs of its maintenance as well as the costs of procurement, maintenance and replacement of the necessary economic equipment, the necessary garden furniture and the sun and weather protection devices.

armed forces

Official accommodation with equipped reception rooms have:

In addition, the soldiers of the German Armed Forces deployed in Belgium and with the military attaché staff have an official residence, provided the federal government can provide this.

literature

  • Company housing regulations (DWV) of February 16, 1970 in the version of July 13, 1989

Web links

Wiktionary: official residence  - explanations of meanings, word origins, synonyms, translations

Individual evidence

  1. ↑ BayVGH WM 95, 599
  2. ↑ BVerwG 1966, Az .: VI C 39.64
  3. ↑ BVerwGE 25, 138-147
  4. ↑ Conversion of company apartments into company rental apartments GPA communication 2/2007
  5. ↑ Budget Act 2019 (Federal Law Gazette I p. 2528). December 17, 2018, accessed October 1, 2019 (pp. 115; 151).
  6. ↑ Budget Act 2019 (Federal Law Gazette I p. 2528). December 17, 2018, accessed on October 1, 2019 (pp. 455 f .; 489; 492).
  7. ↑ Budget Act 2019 (Federal Law Gazette I p. 2528). December 17, 2018, accessed October 1, 2019 (p. 2185).