Genehmigungsrecht

Genehmigungsrecht is a branch of administrative law that governs the authorization of activities by public authorities. It determines when a permit or license is required, which authorities are responsible for issuing it, and how the permitting process is structured. The central purpose is to regulate activities that affect public interests such as safety, health, environmental protection, urban planning, and consumer protection, while allowing legitimate private and economic activities to proceed.

Scope and typical areas include construction and land use (building permits and compliance with planning rules), environmental protection (emission controls and environmental permits), and the operation of certain businesses or activities that require an official license. In many jurisdictions, a permit is granted only if the applicant meets statutory requirements and conditions designed to limit risks or negative impacts. Permits can also be refused, suspended, or revoked if circumstances change or conditions are breached.

Procedural framework generally involves an application, statutory review, consideration of public interests, and a formal decision by the competent authority. Decisions may include conditions that the applicant must fulfill. Legal remedies commonly include administrative appeals and, in some systems, judicial review or court challenges. Time limits and procedural transparency are typical features intended to enhance predictability and legality.

Legal basis varies by country but often lies in general administrative law supplemented by sector-specific statutes. In German-speaking regions, for example, Genehmigungsrecht is linked to Verwaltungsrecht and specific laws such as those governing building permits or environmental approvals. Comparable permit regimes exist in Austria, Switzerland, and other jurisdictions, each with its own procedural nuances.