Report the construction and operation or modification of an installation not requiring a permit that is relevant to a major accident

If you are planning the construction and operation of an installation that does not require a permit or a modification to an installation that does not require a permit, you must report this.

Do you operate an installation that does not require a permit under immission control legislation, which is an operating area or part of an operating area, and are you planning an incident-relevant change to it?

Or are you planning to construct and operate a plant that does not require a permit and is an operating area or part of an operating area?

The immission control authorities must be informed of these changes so that the requirements under immission law can be checked. To do this, you must notify the competent authority of your project before it is carried out. The notification can be made in writing or electronically.

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

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

An accident-relevant construction and operation as well as an accident-relevant modification of an installation not subject to licensing must be notified to the competent authority if:

• it is an installation that is either an operating area or part of an operating area,
• an incident-relevant construction and operation or incident-relevant modification is planned
• the class of the operating area changes and
• a permit has not already been applied for for the installation and operation or the modification of an installation that does not require a permit.

An incident-relevant approval procedure for an installation that does not require approval is required and must be applied for if, as a result of the change

• the appropriate safety distance of the installation is undercut for the first time,
• the distance is further reduced, or
• a significant increase in risk is triggered.

Action before the administrative court or administrative court of justice

• You notify the competent authority of the accident-relevant construction or modification of the facility that does not require a permit before commissioning or implementing your project.
• You can do this electronically or in writing. Enclose the required documents with the notification.
• The competent authority will confirm receipt of the notification and the enclosed documents. If necessary, the authority will request further and/or additional documents.
• No later than two months after receipt of the notification and the complete documents, the competent authority will inform you whether or not your project requires approval.
• If the competent authority informs you that no approval procedure is required, you as the operator or owner of the project can proceed with the construction and operation or modification immediately after receiving notification from the authority, unless further approvals and permits are required, e.g. under building law or the Ordinance on Industrial Safety and Health.
• However, if the authority comes to the conclusion that your project requires a permit, you must then apply for a permit for accident-relevant construction or accident-relevant modification.

Before implementation of the planned project. The project may only be started after confirmation by the authority.

Fee from 1.000,00 EUR to 900.000,00 EUR