Apply for approval for the early construction of a system that requires approval

Prerequisites

You have already applied for a license to build and operate the facility.
You will receive approval to set up the system before the permit is issued and to check its suitability for operation if

• the authority assumes that the permit will be granted,
• there is a public interest in you constructing the system ahead of schedule or
• You have a legitimate interest in building the facility ahead of schedule and
• You agree to repair any damage caused and restore it to its original condition if permission is denied.

Documents required

• written or electronic application for approval for the early construction of a facility requiring approval
• required drawings, plans, reports
• Explanations about the system
• Other documents (the authority may request this)

Please note

The competent authority can revoke the approval at any time.

Admission may be conditional or conditional if you still have to meet certain requirements. The requirements are intended to ensure that the system can be dismantled if it is not approved. The competent authority may require you to provide security for this purpose. Collateral can be, for example, the deposit of money or securities as well as guarantees.

Deadlines

You may only set up the system once you have received the approval.

Procedure

You submit the application for approval for the early construction of a facility requiring approval in writing or electronically to the responsible authority.

The authority will examine your application.
If necessary, the responsible 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.

Legal remedies

• Objection within one month after receipt of the decision

Legal basis

§ 8a Federal Immission Control Act (BImSchG)


URL: https://www.gesetze-im-internet.de/bimschg/__8a.html

If you want to set up a facility that requires a permit before the competent authority has given its approval, you must apply for a permit from the competent authority. With the approval, you can also test the system for its operational capability in advance.

Due to their nature or their operation, installations requiring a permit are particularly likely to cause harmful environmental effects or otherwise endanger, significantly disadvantage or significantly annoy the general public or the neighborhood. This also includes stationary waste disposal facilities.