Apply for a preliminary decision on a facility that requires a permit

Prerequisites

You will receive a preliminary decision on individual approval requirements and the location of the system requiring approval if

• the authority can adequately assess the effects of your installation and
• there is a legitimate interest in a preliminary decision.

Documents required

• Written or electronic application for a preliminary decision on an installation requiring a permit
• required drawings, plans, reports
• Explanations of the plant
• other documents (if necessary, ask the competent authority)

Please note

The preliminary decision becomes ineffective if you do not apply for approval within two years of the incontestability. You can request an extension of this period for another two years.

The authority can revoke the preliminary decision with future effect under certain conditions.

Deadlines

You need permission before you set up or operate the facilities.


This is also possible as a preliminary decision or partial approval.

Procedure

You submit a written or electronic application to the relevant authority together with the required documents.

The authority will examine your application.
If necessary, the authority will request further information or documents from you.

The authority publicly announces the application and the associated documents and makes it publicly available for one month.
The authority requests the other authorities involved to comment on the approval process within one month.
Objections will be discussed with you and those who raised the objections in a public meeting.
In a simplified approval process or if public participation is waived, there will be no public display or discussion.

The authority will decide on your application. If necessary, the authority supplements the notice with content and additional provisions.
You will receive a written decision with reasons.
Those who have raised objections will also receive the decision with reasons.

Processing time

No

Fees

No

Legal remedies

• Objection within one month from receipt of the decision

Legal basis

§ 9 Federal Immission Control Act (BImSchG)


URL: https://www.gesetze-im-internet.de/bimschg/__9.html




§ 6 Federal Immission Control Act (BImSchG)


URL: https://www.gesetze-im-internet.de/bimschg/__6.html




§ 10 Federal Immission Control Act (BImSchG)


URL: https://www.gesetze-im-internet.de/bimschg/__10.html




§ 21 Federal Immission Control Act (BImSchG)


URL: https://www.gesetze-im-internet.de/bimschg/__21.html

If you want to set up or operate a system that requires approval under the Federal Immission Control Act, you need approval from the responsible immission control authority.
If you apply for a preliminary decision, the competent immission control authority will decide in advance on individual approval requirements and on the location of the system.