Speaking of applications... How many copies are necessary?
Dr. Petra KauchShare
The GenTG itself does not explicitly stipulate the number of application copies. Further details can be found in the GenTVfV. First, Section 3 GenTVfV stipulates that notifications, applications, or applications for a permit must be submitted in writing by the operator in a number of copies to be determined by the licensing authority. This leaves the question of the number of application copies to the discretion of the licensing authority. The basis for this discretion is also set out in the law:
For example, Section 8 of the GenTVfV contains information on the type and handling of documents to be submitted with an application for a facility permit . Due to the official decisions included in individual cases pursuant to Section 22 Paragraph 1 of the GenTG, the number must be determined according to the relevant legal provisions. Consequently, the number of copies required in the permitting process depends, among other things, on the number of authorities involved in the process whose decisions are superseded by the permit pursuant to the GenTG. In addition, there are copies for bodies - such as the ZKBS - that have to submit a statement in the process (cf. Section 10 Paragraph 7 GenTG) as well as copies for third parties - such as animal welfare associations or neighbors - who are involved in the process. This can lead to 12 or more application copies having to be submitted.
There is no corresponding regulation for notification and registration . Licensing authorities often request an additional copy of the application documents for occupational safety and one for the supervisory authority. To the extent that this can be objectively justified in the individual case, the authority's decision is not an error of discretion. However, a single copy would also be sufficient for the licensing authority's assessment.
This publication can also be found on the website of the law firm Dr. Kauch .