Recognition and notification as an expert in accordance with Section 18 of the Federal Soil Protection Act
The German Act on the Protection against Harmful Soil Changes and the Remediation of Contaminated Sites (BBodSchG) provides for the involvement of experts in several areas. In order to be recognised as an expert in the fields of soil protection and contaminated sites, you must fulfil the following requirements:
1. demonstrate the necessary expertise (qualified training, practical experience, further training)
2. Availability of technical equipment (does not have to be owned, access can be proven via concluded contracts, only in the field of area and site-related recording or historical exploration)
3. Reliability and personal integrity (evidence and declarations of personal, economic and organisational independence)
Experts can be recognised and work in six different subject areas:
1. Areal and site-related recording or historical exploration
2. Hazard assessment for the soil-water impact pathway
3. Hazard assessment for the soil-plant impact pathway, precautionary measures to limit the introduction of substances into the soil and the application and introduction of materials
4. Risk assessment for the soil-human impact pathway
5. Remediation
6. Hazard identification, assessment and defence against harmful soil changes due to soil erosion by water
Once the recognition authority has checked all the requirements and your professional suitability or expertise has been established, you will be recognised and notified by means of a decision and certificate of recognition.
The experts recognised in Baden-Württemberg are published in the cross-state research system for measuring points and experts(ReSyMeSa). If you already have a public appointment in accordance with the Trade, Commerce and Industry Regulation Act in the field applied for, this must be taken into account when recognising you as an expert in accordance with Section 18 BBodSchG. In principle, the appointment in accordance with the Trade Regulation Act can be fully taken into account for recognition if it was made on the basis of the "Information sheet on the requirements for experts in accordance with Section 18 BBodSchG (as of December 1999) of the Federal/State Working Group on Soil Protection (LABO)". If the appointment has not been made on the basis of the LABO leaflet, it will be checked whether a simplified procedure can be carried out. This means that there are some experts who, in addition to their public appointment under the German Industrial Code, are also recognised under the Federal Soil Protection Act. Recognitions or authorisations as experts in accordance with § 18 BBodSchG from other federal states are equivalent to those in Baden-Württemberg. A separate confirmation of recognition is not issued.
Responsible authority
State Institute for the Environment Baden-Württemberg (LUBW)
Details
Prerequisite
In order to be recognised as an expert in the fields of soil protection and contaminated sites, you must prove that you
- have the required, comprehensive expertise in accordance with Section 8 (3) of the Ordinance of the Ministry of the Environment on Experts and Investigation Bodies for Soil Protection and Contaminated Sites (BodSchASUVO),
- the necessary technical equipment in accordance with Section 8 (3) BodSchASUVO
- have the required liability insurance in accordance with Section 8(2)(3) BodSchASUVO for their expert activities and
- have the required reliability pursuant to Section 8 (4) BodSchASUVO and fulfil the other personal requirements pursuant to Section 8 (2) BodSchASUVO.
Procedure
You can submit the application in writing or electronically.
- Once you have submitted the application and all documents are complete, the competent authority will check whether all requirements for recognition as an expert have been met.
- The recognition authorities will also check your reliability, your technical equipment and your liability insurance.
- The LUBW appoints a specialised committee to check your expertise. The expert committee examines the reference reports from the area of expertise applied for and conducts an expert discussion with you lasting approximately one hour. The review of expertise is carried out separately for each subject area applied for.
- The LUBW will invite you at least two weeks before the expert discussion.
- The LUBW can arrange an on-site inspection of the technical equipment with you. You will be informed of the result immediately after the technical discussion, stating the reasons.
- If the recognition authority has checked all the requirements and your technical suitability/expertise has been established, you will be recognised and notified by official notice and receive a certificate.
- Your recognition will be published in the nationwide research system for measuring centres and experts (ReSyMeSa).
Deadlines
none
Required documents
- Description of the subject area applied for
- curriculum vitae in tabular form with professional background
- Certificate of good conduct "for submission to an authority" in the original
- Copies of certificates
- Proof of liability insurance
- three reference reports for each subject area applied for, which should generally not be older than three years
- any other written documents that are suitable to prove the required expertise (letter of recommendation, list of completed projects, scientific publications, working aids or similar)
- Confirmation of participation in at least one suitable specialist training course in the last three years before submitting the application for each subject area applied for
- Confirmation of exemption and utilisation of expert opinions by the management
Declarations that
- that the technical equipment is available, only for the subject area of areal and site-related use or historical recording
- that the personal requirements are met
Please contact the authority responsible for you to find out whether you need to submit further documents.
Costs
In accordance with the respective administrative fee schedule of the federal state or the fee statutes of the competent authorities under federal state law. A fee is charged for recognition, withdrawal of an application, rejection, extension and revocation depending on the time and effort involved and the scope of the recognition procedure. The fee is between EUR 50 - 4,000.
Processing time
The LUBW decides on recognition within a period of nine months. The period begins after receipt of the complete documentation by LUBW.
Miscellaneous
none
Legal basis
- § 18 Sachverständige und Untersuchungsstellen
Landes-Bodenschutz- und Altlastengesetz (LBodSchAG):
- § 6 Sachverständige und Untersuchungsstellen
Sachverständige und Untersuchungsstellen für Bodenschutz und Altlasten (BodSchASUVO):
- § 1 Anwendungsbereich
- § 2 Anerkennung, einheitliche Stelle
- § 3 Bekanntgabe
- § 4 Mitteilungspflichten
- § 5 Pflichten für Sachsverständige
- § 6 Sachgebiete
- § 7 Anerkennungsverfahren
- § 8 Voraussetzungen der Anerkennung
- § 9 Erlöschen, Widerruf der Anerkennung
Release note
Machine generated, based on the German release by: Umweltministerium Baden-Württemberg, 26.06.2025