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Display an installation that requires approval for the first time due to a change in the law


Coal-fired power plants, industrial plants, intensive livestock farms and similar installations are particularly likely to cause air pollution, noise, vibrations, etc.

In order to protect people and the environment from harmful environmental effects and to prevent the occurrence of harmful environmental effects, such plants require a permit for construction and operation in accordance with the Federal Immission Control Act (BImSchG). The installations that are subject to approval due to their type and size are listed exhaustively in the Ordinance on Installations Requiring Approval (4th BIm-SchV).

A facility that does not require a permit and which has already been constructed or has begun to be erected or significantly altered becomes subject to approval by being included in the catalogue of installations requiring approval in the Ordinance (4th BImSchV). In this case, the installation is subject to the approval requirements under immission control law and must be reported to the competent authority within a period of three months after the entry into force of the respective 4th Ordinance on the Implementation of the Federal Immission Control Act (Ordinance on Installations Requiring Approval).

Process flow

  • You must report the installation to the competent authority within three months of the entry into force of the respective ordinance in which your installation was included in the catalogue of installations requiring approval (4th BImSchV).
  • You can do this in writing or electronically.
  • You attach the required documents. Alternatively, you can submit the documents to the competent authority within a further two months from the date of registration.
  • The competent authority will confirm receipt in writing or electronically. If necessary, the authority will request further documents.
  • The competent authority may impose additional requirements on you to ensure that your plant fulfils the obligations under the Federal Immission Control Act or that other public law regulations and interests do not conflict with the construction and operation of the plant.

Requirements

  • This is an obligation to report. As a plant operator, you comply with this obligation if you submit the notification to the competent authority in due time.
  • If the required documents are not already submitted with the notification, you can submit them to the competent authority within a further two months.

Which documents are required?

  • Required notification documents, drawings, plans, expert opinions
  • Explanatory notes and
  • other documents (to be requested from the competent authority if necessary).

What are the fees?

The fee depends on the effort, but is at least 1500 euros.

What deadlines do I have to pay attention to?

Application Deadline: 3 Months
The notification must be made within 3 months of the entry into force of the respective 4th BImSchV.

Processing duration

Processing Time: 1 Month
The competent authority must respond to your complaint within one month of full access.

Applications / forms

Forms available: yes

Written form required: written or electronic

Informal application possible: no

Personal appearance required: no

Technically approved by

Lower Saxony Ministry for the Environment, Energy and Climate Protection

Professionally released on

12.10.2023

Author

The text was automatically translated based on the German content.

Source: Serviceportal Niedersachsen (Portalverbund des Bundes und der Länder)