Genehmigung für wesentliche Änderung einer genehmigungsbedürftigen Anlage beantragen
Inhalt
Begriffe im Kontext
- Erlangung von Lizenzen, Genehmigungen oder Zulassungen im Hinblick auf die Gründung und Führung eines Unternehmens
Fachlich freigegeben am
Fachlich freigegeben durch
- § Section 6 of the Federal Immission Control Act (BImSchG) - Approval requirements
- § Section 10 of the Federal Immission Control Act (BImSchG) - Approval procedure
- § Section 16 of the Federal Immission Control Act (BImSchG)
- § Section 19 of the Federal Immission Control Act (BImSchG) - Simplified procedure
- 4th Federal Immission Control Ordinance (4th BImSchV)
If you intend to make significant changes to an installation that requires a permit, you must apply for a permit from the responsible authority.
Do you operate an installation that requires a permit under immission control law, for which you already have a permit under immission control law, and are you planning to make significant changes to this installation?
Significant changes exist if the change to the location, nature or operation could have adverse effects. If these are also significant for the approval requirements for installations requiring approval, approval is required. A permit is also always required if the modification or expansion of the operation of installations requiring a permit in itself reaches or exceeds the performance limits or the size of the installation. For this reason, significant changes to installations requiring approval must be reviewed by the immission control authority.
To do this, you must submit an application for a modification permit and submit all the necessary documents for the assessment. The application can be made in writing or electronically. However, approval is not required if
- the adverse effects caused by the change are obviously minor and
- compliance with the requirements of the licensing conditions of the Federal Immission Control Act for installations subject to licensing is ensured.
This also applies if an approved installation or parts of an approved installation are to be replaced within the scope of the approval granted. If, according to the operator's assessment, the planned change is not significant, but has an impact on the protected interests of the BImSchG, notification of the change to the competent authority is required.
Application documents in accordance with the legal basis
The forms and instructions are available online for download.
The approval procedure requires a written or electronic application, which must be accompanied by the drawings, explanations and other documents required to check the approval requirements.
If the application is complete, it must be made public together with the documents and then displayed for one month. At the latest at the same time as the public announcement of the project, the licensing authority shall simultaneously request the authorities to be involved to submit their comments on the licensing requirements within one month.
If there are objections, these will be discussed with you and those who have raised the objections in a meeting. Once the licensing authority has determined all the circumstances that are relevant to the granting of a license, a decision must be made on the application.
The approval decision must be substantiated in writing and will be served to you and the persons who have raised objections. The notification of the approval notice to objectors can be replaced by a public announcement.
You must apply to the competent authority for approval of the installation before commencing the modification.
- Modification of a plant subject to approval in accordance with the BImSchG Approval for significant modification
- A significant change exists in particular if the change:
- the location
- the nature or
- the operation of the installation requiring a permit may have adverse effects and
- these may be significant for the approval requirements of installations requiring approval in accordance with the Federal Immission Control Act.
- Approval is always required if the modification or extension of the operation of the installation requiring approval in itself reaches or exceeds performance limits or installation sizes.
- Application: electronically or in writing
- Responsible: Environmental department of the regional council responsible for the plant location
The environmental department of the regional council responsible for the plant location is responsible.