Assurance

(1) An assurance given by the competent authority to issue, or to refrain from issuing, a particular administrative act at a later point (assurance) requires written form for its validity. Where, before the issuing of the assured administrative act, the hearing of parties or the participation of another authority or a committee is required by legal provision, the assurance may be given only after the hearing of the parties, or after the participation of that authority or committee.
(2) To the invalidity of the assurance, section 40 applies correspondingly, without prejudice to subsection (1), first sentence; to the curing of defects in the hearing of parties and the participation of other authorities or committees, section 41(1), nos. 3 to 6 and (2) apply correspondingly; to withdrawal, sections 44 and 45 apply correspondingly; to revocation, without prejudice to subsection (3), sections 46 and 47 apply correspondingly.
(3) Where, after the assurance has been given, the factual or legal situation changes such that the authority, had it known of the subsequently occurring change, would not have given the assurance, or could not lawfully have given it, the authority is no longer bound by the assurance.