Rainwater fee

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The rainwater fee (also called rainwater fee ) is a fee for the disposal of rainwater that enters the sewerage system via built-up or sealed surfaces . Both private households and companies must pay this fee, provided that their fortified land is connected to the sewer system and the collection of the fees is stipulated in a statute. The respective agency (municipality, district, state, federal government) has to pay the costs for discharging surface water on public roads. The rainwater fee is part of the split wastewater fee .

Calculation basis

The rainwater fee is calculated based on the size of the paved area and the impermeable (sealed) area of ​​a property. These include, for example, parking spaces in commercial enterprises and shopping centers. The fees for private households are usually calculated on the basis of the built-up area, the size of the roof and the waterproof coverings. In order to take into account floor coverings through which the rainwater partially seeps into the groundwater and does not get completely into the sewer system, the runoff coefficient was determined.

Legal position

In 1972 the Federal Administrative Court (BVerwG) considered the lack of a rainwater charge to be harmless, as long as the costs for the disposal of the wastewater remained insignificant. In 1985 the BVerwG defined principles according to which the wastewater fee should be split : This is the case when the share of the costs for the removal of rainwater is more than 12% of the total drainage costs. In the following years the higher administrative courts of the federal states adopted this principle in their case law. Several administrative or higher administrative courts declared fee rates null and void if the costs of removing the rainwater were classified as not insignificant.

In the meantime, the jurisprudence has fundamentally changed with regard to the costs of removing precipitation. According to the findings of the OVG of North Rhine-Westphalia (9A 364804 of December 18, 2007) and the administrative courts of Baden-Württemberg and Hesse, there is no classification according to insignificance. The reason is that there is no connection between users and the discharge of rainwater; even in the case of single-family houses, the difference (number of residents to the paved area) is so great that it is impossible to make comparisons. (Compare also BVerwG 9 B 19.08.)

See also

Individual evidence

  1. ↑ Rainwater fee . (pdf; 886 kB) Civil Engineering Office - own operation Stadtentwässerung Stuttgart, January 1, 2009, pp. 1–7 , archived from the original on March 14, 2011 ; Retrieved March 14, 2011 .
  2. ↑ ig: The more rainwater seeps away, the cheaper it is. Eschbach. In: Badische Zeitung. Dr. Christian H. Hodeige, November 24, 2010, archived from the original on March 17, 2011 ; Retrieved March 17, 2011 .
  3. ↑ Water, wastewater and rainwater tariffs from January 1, 2001. Announcement of December 19, 2000 - BWB - (ABl. Berlin 2000, page 4891). In: grundeigentum-verlag.de. Publishing house for private and corporate real estate, archived from the original on March 19, 2011 ; Retrieved March 19, 2011 .
  4. ↑ BVerwG of February 25, 1972, KStZ 1972, p. 111.
  5. ↑ BVerwG of March 25, 1985 -8 B 11 / 84- KStZ 1985, p. 129.
  6. ^ Judgment. (pdf; 183 kB) Administrative legal matter. In: Az.:5 D 15/04. Saxon Higher Administrative Court, April 21, 2010, pp. 1–27 , archived from the original on March 14, 2011 ; Retrieved March 14, 2011 .
  7. ↑ Rainwater fee - the cost of draining public roads, paths and squares in the fee calculation. Decision of November 26, 2008. In: 9 LA 348/07. Lower Saxony Higher Administrative Court, November 26, 2008, archived from the original on March 14, 2011 ; Retrieved March 14, 2011 .
  8. ^ Judgment. (pdf; 292 kB) In: 2 S 2938/08. Administrative Court of Baden-Württemberg, March 11, 2010, pp. 2–15 , archived from the original on March 14, 2011 ; Retrieved March 14, 2011 .
  9. ^ Judgment. (pdf; 188 kB) In: VG Frankfurt 6 E 1976/04 (V). Hessian Administrative Court , September 2, 2009, pp. 1–11 , archived from the original on March 14, 2011 ; Retrieved March 14, 2011 .