Genehmigung für wesentliche Änderung einer genehmigungsbedürftigen Anlage beantragen

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 planning to make significant changes to this installation?

Significant changes are deemed to exist if the change in location, quality or operation could have adverse effects. If these are also significant for the approval requirements for installations requiring approval, a permit is required.

A permit is also always required if the modification or extension of the operation of installations requiring a permit results in the performance limits or the size of the installation in accordance with the Annex to the 4th BImSchV being reached. 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 documents required 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.

• Required drawings, plans, expert opinions
• explanations and
• other documents (if necessary, ask the competent authority).

The modification permit is granted if:

• it is ensured that the obligations arising from the requirements of the Federal Immission Control Act and the Federal Immission Control Ordinance are fulfilled and
• other public law regulations and occupational health and safety concerns do not conflict with the construction and operation of the plant.

You apply to the competent authority for approval of the significant changes. You can submit the application electronically or in writing. Enclose the documents required to assess the matter with the application.

Once the application and the complete documentation have been received, the competent authority will check whether the changes meet the requirements under immission control law and other requirements. Depending on whether or not public participation is required, the authority will decide on your application within 3 or 7 months of receiving all the necessary documents.

After final assessment by the competent authority, you will receive the decision in the form of a notification.

Before making the changes

• Objection
• Complaint

• Modification of a plant subject to approval in accordance with BImSchG Approval for significant modification
• A significant change exists in particular:
  • If the change to the location, nature or operation of the installation requiring approval may have adverse effects and
  • these may be significant for the licensing requirements of installations subject to licensing in accordance with the Federal Immission Control Act.
• A permit is always required if the modification or extension of the operation of the installation requiring a permit results in performance limits or installation sizes being reached in accordance with the 4th BImSchV.
• Application: EliA or in writing

Responsibility lies with the immission control authorities of the districts and independent cities or with the State Administration Office. For matters subject to mining supervision, please contact the State Office for Geology and Mining (LAGB). You can obtain detailed information from the relevant authorities.