According to Peter Adrian, President of the DIHK, the planned permitting reform by the Federal Government can only be truly effective if the Federal States cooperate. He emphasized that the success of the reform hinges on the states adopting this approach. For companies, benefits from faster procedures would only materialize nationwide if the “permitting fiction” applied everywhere, though the Federal Government can play a vital role in signaling this commitment.
Adrian generally views the government’s plans positively. He noted that the Federal Government is pioneering a foundational reform strategy by attempting to reverse the burden of proof regarding reporting obligations. Under this new system, the state would be required to demonstrate why a report is still necessary. If this is combined with ensuring “the required legal certainty” for businesses, he believes it would represent a “real paradigm shift.” Furthermore, he stressed the importance of eliminating German special regulations while implementing European requirements as closely and directly as possible. He described these changes as “very helpful signals” to businesses.
From the business perspective, the envisioned permitting fiction is particularly crucial. Adrian highlighted that companies often have to wait months or even years for regulatory decisions. For instance, building permits can take twelve months depending on the location, and procedures under the Federal Immission Control Act can exceed two years. Accelerating these processes significantly would allow companies to invest much sooner.
The coalition committee had agreed on a comprehensive package aimed at reducing bureaucracy. This package intends to reduce reporting obligations, eliminate national specific rules, and implement European standards with minimal additional requirements. Central to this effort is the concept of the permitting fiction: if authorities fail to respond within the legally established deadlines, applications will generally be deemed approved.
