Applying for approval for a significant change to an installation requiring approval

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.

The environmental department of the regional council responsible for the plant location is responsible.

Application documents in accordance with the legal basis

The forms and instructions are available online for download.

The requirements of the legal basis must be met.

Action before the administrative court or administrative court of justice

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.

Further costs may be incurred: Fee from 2.500,00 EUR to 1.800.000,00 EUR