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Obligation to bear the costs of evacuation due to the defusing of explosive bombs

Between 1940 and the end of the Second World War in 1945, around 2 million tonnes of bombs were dropped over Germany.

During the Second World War, a total of 23,000 tonnes of bombs were dropped on Hanover alone in 129 raids, of which around 10-15 % did not explode. These continue to pose a danger, as previous explosive ordnance finds have clearly shown that the explosives have not lost their explosive power.

The basic obligation of the state of Lower Saxony to dispose of explosive ordnance in accordance with Article 30 of the Basic Law lies with the municipalities in accordance with the Lower Saxony Law on Public Safety and Order (Nds. SOG).

In accordance with Section 7 Nds. SOG, the costs incurred in the removal of explosive ordnance are generally borne by the person causing the disturbance, i.e. the owner of the property. If the suspicion of danger is not confirmed, the responsible hazard prevention authority bears the costs due to the lack of disturbance status. If the suspicion of danger is confirmed, the costs of the necessary removal of the danger and the preceding investigation of the danger can be imposed on the person disturbing the condition (Nds. OVG, judgement of 29.1.2009 - AZ. 11 LC 480/07).

Although the state of Lower Saxony bears the costs of bomb disposal for reasons of equity, the evacuation costs of the municipality are not part of the direct costs of bomb disposal and are therefore reimbursable under the conditions of Section 66 (1) sentence 2 Nds. The actual costs of the evacuation are to be reimbursed; a flat-rate notification of charges is not required.

The costs, described below as an example for the city of Hanover, can be distributed as follows:

Table 1Exemplary costs of a bomb disposal, City of Hanover

PositionDescription of theChargeableApproximate costs [€]
1Aerial image analysisStatus disruptor2,5 T€
2Preparation and follow-up of the salvageStatus disruptor10T€ - 50T€
3Salvage and disposal of explosive ordnanceKBD Lower Saxony 
4Evacuation and care of the populationStatus disruptor4T€ - 62T€
5Hazard elimination / backfilling of blasting pitStatus disruptor 

While Lower Saxony has a specific legal basis in Section 66 (1) sentence 2 Nds. SOG, which justifies the reimbursement of costs for additional official actions (e.g. evacuation measures), this is not regulated uniformly for all federal states. Therefore, in the case of an additional official action, it must be checked whether a legal basis exists in the respective federal state that regulates the obligation to bear the costs between the party causing the disturbance and the authority or the responsible explosive ordnance clearance service.

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