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


Coal-fired power plants, industrial plants, intensive animal husbandry and similar facilities cause air pollution, noise, vibrations, etc. to a particular extent.

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 plants that are subject to a permit requirement due to their nature and size are listed exhaustively in the Ordinance on Installations Requiring a Permit (4th BIm-SchV).

A plant that is not subject to approval and has already been built or has begun to be erected or substantially modified becomes subject to approval when it is included in the catalogue of installations requiring a permit in the Ordinance (4th BImSchV). In this case, the installation is subject to the approval requirements under immission control law and must be notified 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 a Permit).

Process flow

  • You notify 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.
  • They attach the necessary documents. Alternatively, you can submit the documents to the competent authority within a further two months 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 system fulfils the obligations under the Federal Immission Control Act or that other public law regulations and concerns do not conflict with the construction and operation of the system.

Requirements

  • This is a notification obligation. As an investment operator, you comply with this requirement 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
  • Explanations and
  • other documents (if necessary, ask the competent authority).

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.

competent Bodies


Niedersächsisches Landesamt für Bergbau, Energie und Geologie (LBEG)
Address: Stilleweg 2 , 30655 Hannover
Timetable
Telephone: +49 511 643-0
Fax: +49 511 643-2304

Data protection information


Landesbeauftragte für den Datenschutz Niedersachsen
Address: Prinzenstraße 5, 30159 Hannover
Timetable
Telephone: +49 511 12045-00
Fax: +49 511 12045-99

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