Authority for the Environment, Climate, Energy and Agriculture

Application for preliminary approval for a facility requiring approval

Do you need a permit for your facility under the Federal Immission Control Act? Find out how to obtain a preliminary ruling here.

Detailed description

To construct or operate certain facilities under the Federal Immission Control Act, you need a permit from the responsible authority.



In a preliminary decision, the responsible authority decides in advance on individual approval requirements as well as on the location of the plant.


A preliminary ruling primarily serves to ensure planning and investment security.


You need it if you want binding clarity on key points before the approval process is complete, such as:

  • Securing the location, for example with regard to building planning law, distance requirements, protected areas
  • Clarification of individual approval requirements such as noise protection, air pollution control, safety distances, and nature conservation concerns.
  • Reduced financial risk: You know in advance if there are any significant obstacles.
  • Binding determination for subsequent approval
  • Acceleration of the actual approval process
 

Information

Prerequisites

  • The impact of your planned investment can be adequately assessed.
  • You have a legitimate interest in a preliminary ruling.
  • The aspects you wish to have checked correspond to the applicable regulations (for example, building planning law, nature conservation, distances, emission limits).

Documents required

  • Application for a preliminary ruling on a facility requiring approval, in which you specify exactly which aspects should be decided upon in advance.
  • Description of the planned facility
  • planned use and activities
  • Site plan and documents for the location
  • first technical documents (e.g. regarding noise, emissions, distances)
  • You may receive further documents from the responsible authority.

The documents must be so detailed that the authority can make a binding assessment of each aspect requested.

Please note

The authority may revoke the preliminary ruling for the future under certain conditions if there are important reasons.

Deadlines



You need the permit before you can build or operate the facility.


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




The preliminary permit becomes invalid if you do not apply for approval of the facility within two years. In justified exceptional cases, the validity of the preliminary permit can be extended for up to two further years.

Procedure

  • You submit a written or electronic application, along with the required documents, to the responsible authority.
  • The relevant authority will review your application.
  • If necessary, the responsible authority will request further information or documents from you.
  • The responsible authority publicly announces the application and the accompanying documents and makes them available for public inspection for one month.
  • The responsible authority requests the other authorities to be involved to comment on the approval procedure within one month.
  • Objections will be discussed with you and those who raised the objections at a public hearing.
  • In a simplified approval procedure or if public participation is waived, no public display or discussion meeting takes place.
  • The relevant authority will decide on your application.
  • If necessary, the competent authority will supplement the decision with content and ancillary provisions.
  • You will receive a written notification with an explanation.
  • Those who have raised objections will also receive the decision with its justification.

Processing time



The processing time depends on the procedure and is 3 months without public participation and 6 to 7 months if the public is involved.



Fees

Fees apply. The amount of the fees depends on the investment amount or the administrative costs. They are calculated based on the Hamburg Environmental Fees Ordinance.

Legal remedies


  • Contradiction

  • Action before the administrative court

Legal basis

Section 9 of the Federal Immission Control Act (BImSchG)


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




Section 6 of the Federal Immission Control Act (BImSchG)


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




Section 10 of the Federal Immission Control Act (BImSchG)


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




Section 21 of the Federal Immission Control Act (BImSchG)


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

Links on hamburg.de

Address and contact information

Authority for the Environment, Climate, Energy and Agriculture

Corporate Environmental Protection

We have a limited number of customer parking spaces. To reserve a parking space, please contact our receptionist by e-mail at zugang@bsw.hamburg.de or by telephone on +49 40 428 40 - 50 50. Our working hours are: Monday to Thursday from 8:00 a.m. to 3:15 p.m , Friday from 8 a.m. to 1:30 p.m.

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Keywords: Systems requiring approval according to BImSchG (Federal Immission Control Act) Federal Immission Control Act, permits Immission control law Plant waste treatment

Last updated: 06.02.2026