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Applying for a permit for a substantial modification of an installation requiring approval


Do you operate a plant that requires approval 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 plant?

Significant changes occur when the change in location, nature or operation is likely to cause adverse effects. If, in addition, these are also relevant for the licensing requirements for installations requiring approval, a permit is required for this.

In addition, a permit is always required if the capacity limits or the size of the plant are reached as a result of the modification or expansion of the operation of plants requiring approval. For this reason, significant changes to installations requiring approval must be reviewed by the immission control authority.

To do this, you will need to submit an application for a change permit and submit all the necessary documents for the assessment. The application can be made in writing or electronically.

However, authorisation is not required if:

  • adverse effects caused by the amendment are manifestly small, and
  • the fulfilment of the requirements of the approval requirements of the Federal Immission Control Act for installations requiring approval is ensured.

This also applies if an approved installation or parts of an approved installation are to be replaced within the scope of the permit granted.

If, in the opinion of the operator, the proposed change is not significant, notification of the change to the competent authority is required.

Process flow

If you wish to apply for a permit from the competent authority, you must first submit the application documents in full.

You can do this in writing or electronically. The competent authority will confirm receipt of the application in writing or electronically, check it for completeness and involve the relevant authorities.

If necessary, the authority will request further documents.

Requirements

You must prove that you will comply with the obligations of the Federal Immission Control Act when changing the system.

The project must not conflict with any other public law regulations or occupational health and safety concerns.

Which documents are required?

  • Application

  • Required drawings, plans, documents

  • Explanatory notes to the annex

  • Other documents (if necessary, please contact the competent authority)

What are the fees?

The fee is calculated according to the time spent. However, at least 1500 euros are due.

What deadlines do I have to pay attention to?

You must apply for approval before making the change.

Processing duration

Processing Time: 7 Months

Processing Time: 3 Months
for the simplified procedure

Appeal

  • Contradiction
  • Complaint

Technically approved by

Ministry of the Environment, Energy and Climate Action, Unit 33

Professionally released on

25.10.2023

Author

The text was automatically translated based on the German content.

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