Permit for subsidized housing
The housing entitlement certificate , abbreviated WBS , colloquially also §-8-Schein , formerly also called §-5-Schein or B-Schein , is an official certificate in Germany with the help of which a tenant can prove that he is entitled to use a public Funds to move into subsidized housing ( social housing ). It is issued on the basis of Section 5 of the Housing Binding Act (WoBindG) in conjunction with Section 27 Paragraphs 3 to 5 of the Housing Promotion Act (WoFG).
requirements
An applicant must meet certain legal requirements in order to receive a housing entitlement certificate. For example, certain income limits may not be exceeded. The criteria vary depending on the federal state . Some federal states adjust the rent amount to the current income situation of the tenants. A graduated compensation payment for social housing ( incorrect occupancy tax ) adjusts the square meter price to the income if the income of the tenants is 20% to 40% (depending on the federal state) above the income threshold. The tenant has the advantage that he does not have to move out if these limits are exceeded.
Authorized persons
| scope | 1 person household |
2 person household |
for each additional person |
per child additionally |
source |
|---|---|---|---|---|---|
| General | 12,000 | 18,000 | 4,100 | 500 | |
| Potsdam | 12,000 | 18,000 | 4,100 | 500 | |
| Hamburg | 12,000 | 18,000 | 4,100 | 1,000 | |
| Schleswig-Holstein | 14,400 | 21,600 | 5,000 | 600 | |
| Berlin | 16,800 | 25,200 | 5,740 | 700 | |
| North Rhine-Westphalia | 19,350 | 23,310 | 5,360 | 700 | |
| Stuttgart | 21,600 | 25,200 | 5,740 | 700 |
The housing entitlement certificate is issued by the housing authority of the municipality to persons who can establish permanent residence in the Federal Republic of Germany; it is valid for one year from the date of issue. Members of certain authorization groups with special needs can also receive a so-called WBS with special living needs , also known as WBS with urgency .
The determination and calculation of income results from §§ 20 to 24 WoFG. The WBS can be issued according to the method shown below if the total income determined for all household members does not exceed the income limit applicable to them in accordance with Section 9 Paragraph 2 WoFG, whereby the federal states can set these income limits themselves in accordance with Section 9 Paragraph 3 WoFG.
Students with a limited stay in accordance with Section 16 of the Residence Act are excluded from the housing entitlement certificate in Hamburg. This administrative practice is legally questionable at the latest with regard to the option of permanent residence after graduation created by the Immigration Act.
Calculation of the annual income
All taxable income ( Section 21 (1) WoFG), but also partially tax-free income ( Section 21 (2) WoFG) from the last twelve months is taken into account . The income at the time of the application is decisive. Statutory child benefit does not count towards income . Depending on the type of income , the different lump sums for advertising expenses or any additional advertising expenses can now be deducted. For example, an employee can deduct the flat-rate amount of 1,000 euros for income-related expenses . Up to 10% can be deducted from the subtotal calculated in this way if
- Income tax
- Mandatory contributions to health and long-term care insurance
- Compulsory contributions to pension insurance
must be paid, i.e. a maximum of 30%.
Furthermore, expenses for the fulfillment of legal maintenance obligations may be deducted (there may be maximum limits).
After the deductions, additional allowances may have to be deducted :
- for single parents who are employed or trained (not just briefly a day), 600 euros for each child under the age of twelve,
- for a child who has his own income and who is 16 but not yet 25 years of age, up to 600 euros
- for severely disabled people in need of care at home in accordance with Section 14 of the German Social Code Book XI with a degree of disability below 80% 2,100 euros, from 80% 4,500 euros
- 4,000 euros for young married couples within five calendar years of the year of marriage, neither of which may have reached the age of 40
example
A couple in their second year of marriage, both 30 years old, have two small children and live in Stuttgart. Both together earn 44,700 euros gross. From this, 1,000 euros are to be deducted from the flat-rate amount for advertising expenses, 30% of the remainder for taxes, health insurance and pension insurance, and 4,000 euros for the young couple. Remaining 26,590, this is below the limit of 25,200 + 2 × (5,740 + 700) = 38,080 that applies to this family; so she receives a housing entitlement certificate. The appropriate apartment size must be recorded in the WBS. This can be based on the number of living spaces or the living space .
Exemption (§ 30 WoFG)
Those looking for accommodation who, due to their income situation, do not have the right to be issued with a residence entitlement certificate can have the landlord check an exemption in accordance with § 30 WoFG at the responsible office for building management and housing . This regulation is intended to help ensure that a socially stable population structure can be maintained even in areas in which many beneficiaries of social benefits live. With approval, the living space is released from public occupancy restrictions, provided that the future tenant agrees to pay a monthly compensation payment in addition to the actual rental price. The amount of the additional rent burden is calculated from various factors, whereby the income of the potential tenant and the ratio between the actual and the highest possible net rent per square meter of living space according to the rent index play an important role.
Individual evidence
- ↑ § 9 Paragraph 2 WoFG
- ↑ Residence entitlement certificate : WBS on potsdam.de
- ↑ Section 1, Paragraph 1 of the Ordinance on Determining Income Limits in accordance with Section 8 of the Hamburg Housing Promotion Act. From April 1, 2008; State law - Justice - Portal Hamburg
- ↑ Section 8, Paragraph 2 of the Hamburg Housing Promotion Act - HmbWoFG. From February 19, 2008; State law - Justice - Portal Hamburg
- ↑ WoFG SH .
- ↑ Ordinance on the deviation from the income limits of § 9 Paragraph 2 WoFG of March 28, 2006; Tenants' Guide on berlin.de - Senate Department for Urban Development.
- ↑ Dynamization of the income limits in accordance with Section 13 (4) of the Act on the Promotion and Use of Housing for the State of North Rhine-Westphalia (WFNG NRW) rechts.nrw.de .
- ↑ Maximum rents on stuttgart.de.
- ^ Magazine of the Berlin tenants' association.
- ↑ Studierendenwerk Hamburg: Housing authorization certificate .
- ↑ § 19 Law on the Promotion and Use of Housing for the State of North Rhine-Westphalia.
