Recognition, extension of recognition, recognition of a secondary establishment and review of the recognition requirements of testing, monitoring or certification bodies (PÜZ bodies) according to state building regulations
The manufacture/use of construction products as well as the manufacture/application of construction methods that require exceptional expertise and experience on the part of the persons entrusted with them must be subject to testing, certification and/or monitoring. The operation of such a testing, monitoring and certification body requires recognition by the competent body.
Administrative services include
- Acknowledgment
- Extension of recognition,
- Recognition of a secondary establishment and
- Review of the recognition requirements
testing, monitoring or certification bodies (PTC).
Who should I contact?
Responsibility lies with the highest building supervisory authority in the Lower Saxony Ministry for the Environment, Energy, Building and Climate Protection.
This procedure can also be carried out through a Point of Single Contact. The Point of Single Contact is a special service offered by the municipalities and the state for service providers.
Requirements
Recognition may take place if the body or the employees of the body
- Training
- Expertise
- personal reliability
- Impartiality and
- Performances
ensure that these tasks are carried out in accordance with the rules of public law and that they are equipped with the necessary equipment.
Which documents are required?
Applications for recognition must be submitted with the following documents:
(1) an indication of the activity to which recognition is to be granted;
2. details of the construction product and the type of construction for which recognition is sought; reference may be made to published technical rules,
3. details of the persons entrusted with the full-time management, their date of birth and qualifications, as well as the management and administrative staff and their professional experience,
4. information on the economic and legal links of the applicants, the full-time managers and the employees to individual manufacturers;
5. information on the premises and technical equipment,
6. Information on subcontractors;
7. relevant approvals and accreditations from other countries.
What are the fees?
Fees are charged according to Appendix 1 (to §§ 1 and 2 para. 1) Nos. 11.9, 11.10, 11.11, 11.12 of the Lower Saxony Construction Fee Code (BauGO) according to the time spent.
Process flow
The recognition authority acknowledges receipt of the application to the applicant and, if necessary, informs the applicant of the missing documents and information. The acknowledgement of receipt shall contain
1. a reference to the 3-month period and the indication that this period does not begin to run until the documents and information attached to the application are complete and verifications have been carried out at the applicant's premises and the necessary comparative examinations have been completed,
2. an indication of whether a review of the applicant and whether comparative studies are necessary, as well as the time frame that is likely to be required, and
3. an indication of the remedies available.
The recognition authority agrees on the details for the examination at the applicant's premises and for the comparative examinations with the applicant. It informs the applicant whether and what deficiencies exist in the documents and information.
If the application, documents or information are incomplete or otherwise have a significant deficiency and the defect is not remedied within a period specified by the recognition authority, the application shall be deemed to have been withdrawn. The recognition authority must inform the applicant of the consequences of not remedying the defect when determining the time limit.
What deadlines do I have to pay attention to?
A decision on the application for recognition must be taken within three months of the submission of the complete documents and information and the completion of the reviews and comparative studies. In all other respects, Section 42a of the Administrative Procedure Act applies.
If the application, documents or information are incomplete or otherwise have a significant deficiency and the defect is not remedied within a period specified by the recognition authority, the application shall be deemed to have been withdrawn.
Processing duration
Processing time: usually 3 months after submission of the complete documents and information and the completion of the reviews and comparative studies
Appeal
Appeal to the competent administrative court
An appeal against the decision may be lodged with the competent administrative court at the applicant's registered office within one month of notification. The lawsuit is to be directed against the Lower Saxony Ministry for the Environment, Energy, Building and Climate Protection.
