Recognition and disclosure as an expert according to § 18 federal soil protection law
You can be recognised as an expert on soil protection issues.
The Act on Protection against Harmful Soil Changes and on the Remediation of Contaminated Sites (Federal Soil Protection Act - BBodSchG) provides for the involvement of experts at several points. In order to be recognized as an expert in this field, you must have the necessary expertise and equipment as well as be suitable for this activity due to your reliability and personal integrity.
Recognised experts are recognised and active in six different fields:
1. Extensive and site-specific recording/ historical exploration
2. Hazard assessment for the soil-water impact pathway
3. Hazard assessment for the soil-plant pathway
4. Hazard assessment for the soil-human impact pathway
6. Hazard identification, assessment and prevention of harmful soil changes due to soil erosion by water
If the recognition authority has checked all the requirements and your professional suitability/expertise has been determined, the recognition and notification takes place by decision and with a certificate of recognition.
The recognition and disclosure authorities responsible for this vary from one federal state to another. Often these are the chambers of industry and commerce, but also the chambers of engineers, chambers of agriculture or state offices can be responsible.
Their recognition and announcement takes place partly with a time limit, partly indefinitely, depending on the ordinance and federal state.
The contact details of the recognised and notified experts are published in uniform lists.
If you already have a public appointment in accordance with § 36 GewO in the requested subject area and have completed suitable further training, you often also provide proof of the necessary expertise for recognition in accordance with § 18 BBodSchG in conjunction with the respective ordinance. Thus, there are some experts who, in addition to their public appointment according to § 36 GewO, also have recognition according to § 18 BBodSchG.
Experts according to § 18 BBodSchG are usually also recognized in the federal states if their expertise, reliability and equipment have been checked in another federal state according to comparable requirements. There is no need to re-check.
- Curriculum vitae and complete presentation of professional activity and expert activities to date
- A passport photo (also digital)
- Certificate of good conduct "for submission to an authority" in the original according to § 30 Abs. 5 BZRG (not older than three months)
- Extract from the Central Trade Register "for submission to an authority" in the original in accordance with § 150 (5) GewO (only required, in the case of commercial activity)
- Tax clearance certificate/certificate in tax matters from your responsible tax office in the original
- Copy of your liability insurance for personal injury, property damage and financial loss
- Certified copies of certificates (professional qualifications, diplomas, doctoral certificate), copies of professional awards
- Certificates of participation in specialist and expert seminars, copies of work and service certificates (e.B. certificates from the last/current employer)
- Five self-prepared expert opinions per subject area, which are suitable for the proof of competence in the requested subject area
- Expert opinion journal of the last two years
- Continuing education certificates of the last two years
Please ask the competent authority for you if you need to submit any further documents.
- Form: Application form of the recognising authority
- Online Procedure: not possible
- Written form requirement: yes
- Personal appearance necessary: yes
- You have the necessary, comprehensive expertise
- You have the necessary equipment
- You are personally reliable
- You have the necessary liability insurance for the work of an expert
§ 18 Federal Soil Protection Act (BBodSchG)
The review of experts according to § 18 BBodSchG is regulated differently in all federal states and is carried out according to the ordinance applicable in the respective federal state.
- You first submit a written request. The application must indicate for which subject(s) the application is to be made. With the application, you must submit additional documents listed in the application.
- You will receive a fee notice. In principle, the fees are due with the application.
- In addition, the recognition authorities check the reliability as well as the equipment and your liability insurance.
- Their professional suitability is checked by committees or expert committees for soil protection and contaminated sites. Again, you have to bear the costs.
- The review procedure usually consists of the evaluation of your submitted expert opinions as well as a written elaboration and a technical discussion.
- The result of the review will always be communicated to you in writing. On request, the decision can be explained in a conversation.
- If the recognition authority has checked all the requirements and your professional suitability/expertise has been determined, the recognition and notification will be made by decision and you will receive a certificate.
- Their recognition is published in the nationwide list of experts and also published in the publication organ of the recognition authority.
Responsible for the content
Association of German Chambers of Industry and Commerce
Last update or date of publication