Only in a few cases is a permit considered to have been granted if the authority has not made a decision within the processing period. This is the case, for example, in the simplified building permit procedure and conservation law permits. However, if the authority is of the opinion that the permit granted in this way is unlawful, it can immediately revoke it and has one year to do so. According to case law, this is not a processing period, but a decision period. The period begins to run only when all relevant facts are known to the authority and it has positively recognized the illegality of the fictitiously issued administrative act.
This has now been confirmed by the Administrative Court of Berlin for the withdrawal of a fictitiously issued milieu protection law permit (VG Berlin, 05.03.2021 - 19 L 507/20).
For questions on this topic, please contact attorney Dr. Bernhard Haaß