Church building load

from Wikipedia, the free encyclopedia

Church building load is a term from the law of church financing . Its subject is the obligation of a natural or legal person , church buildings to erect the first time to expand, repair or restore.

Historical church building loads were often associated with a church patronage .

Legal sources

The sources of law are essentially traditional as well as customary law and contracts, formal community resolutions, documents and historical documents, some of which go back to the Reformation .

In Germany, the state took over the church construction work with the secularization in 1803 .

In Hesse, a framework agreement was concluded in 2003 between the state, churches and municipalities to relieve the construction costs. In this, the respective municipality undertakes to pay a certain transfer fee; for this, the parishes permanently waive the future assertion of building load claims. The state promotes the services to be provided by the municipalities subject to the building load on the transfer amounts of 50% through financial allocations from funds from the municipal financial equalization scheme.

The state of Hesse had largely replaced its state obligations of patronage towards the major churches in the 1960s with state church treaties.

Scope and legal nature

The extent of the church building load can vary from place to place and relate to the entire building or just to individual parts of the building such as the church tower or individual cult objects ( res sacrae ). There is no nationwide uniform regulation ( Art. 132 EGBGB).

In the majority of cases, the state has to pay the costs of the construction measures directly (primary construction obligation). In all other cases, it will only be used to cover the costs in the event of incapacity (so-called insufficiency) of the (church) legal entity primarily required to build, e.g. B. a Pfarrpfründestiftung , used (subsidiary building obligation).

The church building load refers to "church buildings". These are not only buildings that are used directly for the purpose of worship, but also buildings that are intended to serve the church officials who guarantee the conduct of worship, such as parsonages . The church building load can also be subject to ancillary buildings of the church. The direct or indirect relationship to the practice of worship is decisive for the existence of a church building load.

Church building charges are basically to be assigned to public law , since their origin lies in the public interest in the maintenance of the church buildings that serve to exercise Christian culture. Pursuant to Section 40 (1) sentence 1 VwGO, administrative legal channels have been opened for construction disputes . They are designed as a continuing obligation and therefore do not expire with a one-off construction work.

Jurisprudence

On December 11, 2008, the Federal Administrative Court in Leipzig ruled against the city of Hildburghausen in the case of a parish of the Thuringian regional church that contractually established church construction charges of the former parishes in the later GDR were not transferred to the parishes established after the fall of the Wall, but expired when the Unification Treaty came into force are. Some church members now fear the decay of many listed buildings for which the church alone does not have sufficient funds.

Only a little later, however, the Federal Administrative Court decided in the case of the Catholic Church and Rectory Building Fund against the city of Bühl that prior to the Weimar Constitution came into force , contractual church building charges that had been established before the Weimar Constitution came into force must in principle continue to be met and that the city of Bühl therefore incurred costs incurred by the Catholic parish of Sankt Gallus in Bühl-Altschweier for the renovation of their parish church.

See also

literature

  • Thomas Lindner: Building loads on church buildings: state and municipal performance obligations for church building (Jus ecclesiasticum; Vol. 52). Mohr, Tübingen 1995, ISBN 3-16-146459-1 (zugl .: Diss. Univ. Erlangen, Nürnberg, 1993/94).

Web links

Individual evidence

  1. ↑ Framework agreement to redeem church building charges on December 17, 2003. kirchenrecht-online.de, accessed on March 22, 2019
  2. ^ Treaty of the State of Hesse with the Catholic dioceses in Hesse of March 9, 1963 - GVBl. I p. 1029
  3. ^ Treaty of the State of Hesse with the Evangelical Churches in Hesse from February 18, 1960 - GVBl. I p. 54
  4. ↑ cf. Answer of the state government to a major inquiry regarding the replacement of municipal church building charges . Hessischer Landtag , Drs. 16/5562 of May 10, 2006 , p. 1/2
  5. ↑ Bernhard Stüer: Community church tower builders and elimination of the observance ground, City and Community Council 2/1982, pp. 61–64
  6. ↑ Jürgen Römer: Kultusbaulasten der Parochianen and the political communities in the Landgraviate of Hessen-Kassel and in Kurhessen from the 18th to the 20th century. Journal of the Association for Hessian History (ZHG) 2001, pp. 87–173
  7. ↑ State building obligation on church buildings Annual Report 2005, website of the Bavarian Supreme Audit Office , accessed on March 22, 2019
  8. ^ Church building loads in the former GDR. Scientific services of the German Bundestag , elaboration dated December 2, 2013, p. 4
  9. ↑ Thomas Lindner: Building loads on church buildings: state and municipal performance obligations for church building. Tübingen 1995, p. 90.
  10. ↑ BVerwG 7 C 1.08 - Decision 2008: 111208U7C1.08.0 of December 11, 2008 (decision, accessed on March 26, 2014)
  11. ↑ BVerwG 7 C 11.08 - 2009 judgment: 050209U7C11.08.0 of February 5, 2009 (full text, accessed on March 26, 2014)