Soil protection and treatment of contaminated sites; application for approval as an investigation body

Investigation bodies that perform tasks in accordance with the Federal Soil Protection Act must be recognised by the competent authority.

Description

For the collection of solid matter, water and soil air samples and their laboratory analytical investigation, tested and approved investigation bodies are available in Bavaria. The approval of these investigation bodies is carried out in accordance with the Ordinance on Experts and Investigation Bodies (VSU). This regulates the requirements in accordance with Article 6 Paragraph 1 of the Bavarian Soil Protection Act (BayBodSchG) for the expertise, reliability and technical equipment of the experts and investigation bodies which carry out tasks in accordance with the Federal Soil Protection Act or the BayBodSchG, as well as the type and scope of their tasks. The licensing procedure is carried out by the licensing authority of the Bavarian State Office for the Environment.

In the area regulated by law, soil and contaminated site investigations in Bavaria must be carried out by investigation bodies approved in accordance with § 18 BBodSchG.

Investigation bodies that are approved in Bavaria according to the Ordinance on Experts and Investigation Bodies (VSU) can be found in the nationwide database ReSyMeSa. The local accreditation body is responsible for the information on the investigation bodies accredited by the Bavarian State Office for the Environment.

Prerequisites

Only bodies that fulfil the obligations in accordance with §§ 11 and 12 of the Ordinance on Experts and Investigation Bodies (VSU), have the necessary expertise and reliability and have the necessary personnel and technical equipment (investigation bodies) are approved.

Investigating bodies must have sufficient liability insurance with a minimum sum insured of 1.5 million euros lump sum for personal injury, property damage and financial loss for each individual case with at least double maximisation in the insurance year.

Procedure

The application, including the supporting documents and required documentation, must be submitted to the Admission Board.

The Admission Board checks the completeness of the application documents and confirms receipt of the application in writing or by e-mail. It shall request the submission of any missing documents within a reasonable period of time. If documents are still missing after the deadline has been set or if it is clear from the content of the documents that the admission requirements are not met, the application will be rejected.

Deadlines

The processing period is up to six months and begins with the submission of complete application documents. In justified cases, the deadline may be extended in accordance with Section 42a (2) of the Bavarian Administrative Procedure Act.

Required documents

Forms

  • Form, Bavaria-wide: Antrag auf Zulassung als Untersuchungsstelle nach § 18 Bundes-Bodenschutzgesetz (BBodSchG)
    Please note

    This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

Online procedures

Fees

  • Administrative costs

    • Initial registration per registration procedure: flat rate 270.00 Euro
    • Renewal of approval per approval procedure: flat rate 165.00 Euro

    plus costs for the corresponding competence check (for costs, see procedural costs under "Further links")

Remedy

Administrative court proceedings; information

administrative claim

Links to more information

Status: 11.05.2021

Responsible for editing: Bayerisches Staatsministerium für Umwelt und Verbraucherschutz

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  • Online transactions, Bavaria-wide
  • Online transactions, locally limited
  • Prefillable Form, Bavaria-wide
  • Legal bases, Bavaria-wide
  • Legal bases, locally limited
  • Fees, Bavaria-wide
  • Fees, locally limited
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