Green entry
A green entry , in particular in building regulations , is an entry made by an authority in handwritten form or with a green stamp in the application documents. Authorities use the green entry in such approval procedures in which documents submitted by the applicant themselves become part of a permit issued by the authority ; mostly these are drawings or plans for projects. With a handwritten or drawn green entry, the approving authority makes changes to the plans or drawings, indicating that they approve the project presented and applied for as such, but that it considers minor changes to the project to be necessary in order for the approval to be granted can be. With a green stamp, textual requirements are entered directly in the plans. The use of green for these entries is related to the fact that the approving authority also notes in green on such plans and drawings that these documents have been checked and are therefore part of the official approval.
The green entry as such is not an independent legal form of action and is therefore not regulated by law. It only serves the actual implementation of a legal form of action, so that there is also no exhaustive catalog of permitted green entries. The main areas of application for a green entry are as follows:
- By Green is additional, not yet considered by the applicant needs to be made on a project, for example, additionally required can escape routes (escape doors) in buildings to the necessary locations are shown in the plans.
- By entering green, impermissible components of an otherwise permissible project can be excluded from the approval, for example additions or free-standing garages that have been requested at the same time; these items are then crossed out in green and are not considered approved, even if they are recorded on an otherwise approved schedule.
- By entering green, conditions precedent can be placed on the start of construction and construction, whereby an additional textual provision is usually more appropriate instead of a green entry.
- Small modifications to buildings can also be made by adding green, for example changing the roof pitch. However, such changes will only be made by a licensing authority if it assumes that the applicant is in agreement.
Depending on the specific content of the green entry, under administrative law it represents an ancillary provision to the administrative act in the form of a requirement or condition for approval, a partial refusal of approval or a so-called modifying requirement, i.e. approval of a project other than the one actually applied for must an applicant who wishes to defend themselves against the Green entry, according to a - if necessary - unsuccessful opposition proceedings a legal challenge only against the Green entry or commitment proceedings raise for grant the coveted permission without the green entry.
literature
- Jeromin, in: ders. (Ed.): Commentary on the Rhineland-Palatinate state building regulations Werner Verlag, Düsseldorf 2005, § 63 Rn. 3, § 70 marginal no. 94 ff.
