Authority for the Environment, Climate, Energy and Agriculture

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

Prerequisites

• You must have submitted an application for approval and construction or significant changes. You can apply for early commencement of construction within the application or subsequently
• The competent authority must be able to adequately assess the impacts of the planned facility from the application and the required documents.
• Your application must demonstrate a legitimate interest in starting early.
• As an applicant, you must undertake to compensate for all damage caused by the premature construction until the decision is made and, if the project is not approved, to restore the previous condition.

Documents required

• Application for approval for early construction of a facility requiring approval
• required drawings, plans, reports
• Explanations of the system
• if necessary, other documents that you can obtain from the responsible authority

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 will need the approval letter before you can start your planned project.

Procedure

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

The competent authority will examine your application. If necessary, the competent authority will request further information or documents from you. The competent authority will request the other authorities involved to comment on the approval process within one month.

If necessary, the responsible body will make the application and the associated documents public and make them available for public inspection for 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, there will be no public interpretation or discussion.

The responsible body decides on your application. If necessary, the responsible body will add content and additional conditions to the approval. You will receive a written decision with reasons. Those who have raised objections will also receive the decision with reasons.

Those who have raised objections will also receive the decision with reasons.

Processing time

Processing time is usually up to 2 months.

Fees

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

Legal remedies

• Contradiction


• Action before the administrative court

Legal basis

§ 8a Federal Immission Control Act (BImSchG)


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