Recognition of experts according to the Federal Soil Protection Act

Prerequisites

• They have the necessary comprehensive expertise
• They have the necessary technical equipment
• You are personally reliable
• You have the necessary liability insurance for the expert activity

Documents required

• Curriculum vitae as well as a complete description of the professional activity and the expert activity to date
• A passport photo (also digital)
• Original certificate of good conduct "for submission to an authority" in accordance with Section 30 (5) BZRG (not older than three months)
• Extract from the central trade register "for submission to an authority" in the original in accordance with Section 150 (5) GewO (only required for commercial activities)
• Tax clearance certificate/certificate in tax matters from your responsible tax office in the original
• Copy of your liability insurance for personal, property and financial losses
• Certified copies of certificates (professional qualifications, diplomas, doctoral certificates), copies of professional awards
• Certificates of participation in specialist and expert seminars, copies of work and service certificates (e.g. references from the last/current employer)
• Five self-produced expert opinions per subject area that are suitable for demonstrating expertise in the subject area applied for
• Report journal of the last two years
• Proof of further training for the last two years

Please ask the authority responsible for you whether you need to submit additional documents. Hamburg-specific information can be found in the " Information sheet for soil protection and contaminated sites experts " from the Hamburg Chamber of Commerce.

Please note

Information on contact persons, chambers and order requirements can be found here:
List of Experts page
Further information on country-specific responsibilities and special regulations can be found here: page of the research system measuring points and experts

Deadlines

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Procedure

The verification of experts according to § 18 BBodSchG is regulated differently in all federal states and is carried out according to the regulation applicable in the respective federal state.

• First you submit a written application. The application must state the subject area(s) for which the application is to be made. With the application you must submit other documents that are listed in the application.
• You will receive a fee notice. The fees are generally due when the application is submitted.
• Furthermore, the recognition authorities check the reliability as well as the technical equipment and your liability insurance.
• Their professional suitability is checked by committees or specialist bodies for soil protection and contaminated sites. Again, you have to bear the costs.
• The review process usually consists of the evaluation of the reports you have submitted, as well as a written draft and a technical discussion.
• You will always be informed of the result of the check in writing. If desired, the decision can be explained in an interview.
• Once the recognition authority has checked all the requirements and your professional suitability/expertise has been determined, the recognition and notification will be made by notification and you will receive a certificate.
• Your recognition will be published in the nationwide register of experts and also announced in the publication organ of the recognition authority.

Hamburg-specific information can be found in the " Information sheet for soil protection and contaminated sites experts " from the Hamburg Chamber of Commerce.

Processing time

The necessary checks are very extensive and can take between six and eighteen months, depending on the order area.

Fees

The fees vary and are set by the individual authorities and chambers themselves according to their costs.


Fees Cost range: 300 – 2500 EUR


There are also expenses for specialist committees and information.


Costs/fee for the review in the expert panel: 1000 - 3000 EUR


In Hamburg, the fees are based on the fee schedule of the Hamburg Chamber of Commerce, Section 21.1

Legal remedies

• In some federal states, an objection must first be lodged


• Administrative lawsuit


• Specific information can be found in the instructions on appeal in the initial decision.

Legal basis

§ 18 Federal Soil Protection Act (BBodSchG)



Hamburg ordinance on experts and inspection bodies according to Section 18 of the Federal Soil Protection Act (HmbVSU) of October 28, 2003.

The law for protection against harmful soil changes and for the remediation of contaminated sites (Federal Soil Protection Act - BBodSchG) provides for the involvement of experts in several places. In order to be recognized as an expert in this area, you must have the necessary expertise and technical equipment and be suitable for this activity on the basis of your reliability and personal integrity.
Recognized experts are recognized and active in six different subject areas:

1. Areal and site-related recording/historical exploration
2. Risk assessment for the soil-water pathway
3. Risk assessment for the soil-plant pathway
4. Risk assessment for the soil-human pathway
5. refurbishment
6. Risk identification, assessment and defense against harmful soil changes due to soil erosion by water

Once the recognition authority has checked all the requirements and your professional suitability/expertise has been determined, the recognition and notification takes place in the form of a notification and a certificate of recognition.
The recognition and notification authorities responsible for this differ in the federal states. These are often the chambers of industry and commerce, but the chambers of engineers, chambers of agriculture or state offices can also be responsible.
Their recognition and disclosure is partly limited, partly indefinite, depending on the ordinance and federal state.
The contact details of the recognized and notified experts are published in uniform directories.
If you already have a public appointment in accordance with Section 36 GewO in the subject area applied for and have completed suitable further training, you can often also provide evidence of the necessary expertise for recognition in accordance with Section 18 BBodSchG in connection with the respective regulation. There are therefore some experts who, in addition to their public appointment under Section 36 GewO, are also recognized under Section 18 BBodSchG.
In most federal states, experts are also recognized as experts according to § 18 BBodSchG whose expertise, reliability and technical equipment have been checked in another federal state according to comparable requirements. A new check is not necessary.
Hamburg-specific information can be found in the " Information sheet for soil protection and contaminated sites experts " from the Hamburg Chamber of Commerce.