Soil Survey - Is the Check for Clearance of Explosive Ordnance Mandatory?

The note in the soil report is initially to be read by the property owner in such a way that the expert himself is neither qualified nor authorized to provide a professional assessment regarding the unexploded ordnance aspect or even to issue a negative certificate. Up to this point, this is a security for him (just as I note on this contribution that it is an expression of opinion and not legal advice).

However, if the report falls into the hands of the building authority, the notes can certainly be read as a duty to point out an incompleteness if the negative certificate from the responsible unexploded ordnance expert authority is not attached. This can indeed be the case in such a

But fortunately the local building authority had a clearance for the entire new development area.

collective certificate, but

Thanks, we called the building authority - they didn't care at all

I would not rely on verbally expressed disinterest.

Many building applicants make two "favorite mistakes": 1. to regard a building authority as the responsible authority and 2. not to differentiate their statements between written and verbal. However, it should be noted: 1. the municipal building authority is often only a mailroom adding a vote, and the decision is made in the district building department; 2. there is a world of difference between the lip service of a tariff employee and the sealed legal act of an official, even though both are outwardly indistinguishable (many authorities nowadays have casual Fridays all week long including Adiletten - I don't comment on that if you understand me).

If nothing is mentioned in the building permit, the unexploded ordnance report is not initially mandatory. Apparently, you commissioned the soil survey yourselves and it is therefore only for you. The question is, what happens if something happens? That could become unpleasant. Normally, one would have to talk to the executing company to see if they share the risk. I wouldn't do it in their place. Would you?

Let's take the worst case and someone dies because of it. Could you then still sleep peacefully in your new house?

The annoying thing is that it is rather unlikely that something will be found. Nevertheless, I would ask how much such an inspection costs. If it is affordable, I would include it right away.

In SH we have the Explosive Ordnance Regulation [1]. It contains an annex with a list of municipalities affected by bombings. The certificate of clearance from explosive ordnance is only necessary here if you build in those very municipalities.

We then wrote a two-liner to our construction company stating that we do not require a certificate, referring to the KampfmV SH 2012. That settled the issue.

Have a look to see if there is a comparable legal text in your federal state. This way, you can quickly find out for yourself whether you need to obtain a certificate or not. If yes, then apply immediately. In SH the process usually takes 10 weeks.

[1] Landesverordnung zur Abwehr von Gefahren für die öffentliche Sicherheit durch Kampfmittel (Kampfmittelverordnung) vom 7. Mai 2012

If nothing is stated in the building permit, the explosive ordnance report is initially not mandatory. Apparently, you commissioned the soil report yourselves, so it is only for you.

In SH, there is the Explosive Ordnance Regulation [1]. It contains an appendix with a list of municipalities affected by bombings. The certificate of clearance from explosive ordnance is only necessary here if you are building in those municipalities.

If the soil report does not have to be submitted with the building application (which is the normal case, usually the general contractor wants to see it rather than the authority), then it can be kept entirely for yourself, including the critical note. Where the explosive ordnance check is part of the building application is recognizable at the mentioned point - here probably not, otherwise the building authority (even by phone) would already be sensitive to it. If it is required, it is a mandatory part - with the consequence of time delays due to subsequent submission.

The question is, what happens if something happens? That could become unpleasant.

Here, surfaces that already existed during the war were being discussed. If nothing broke through the roofs of these buildings, no goblins will have been carried inside either ;-)