Immission control - apply for early construction of an installation requiring authorisation

Have you applied for a permit for an installation that requires authorisation? Then you can also apply to the competent authority to be able to start building the installation before the necessary authorisation has been granted.

The competent authority can revoke the authorisation at any time. In addition, the authorisation may be subject to conditions or granted conditionally if you still have to fulfil certain requirements. The conditions are intended to ensure that the plant can be dismantled if it is not authorised. To this end, the competent authority may require you to provide security. Collateral can be, for example, the deposit of money or securities as well as guarantees.

Related forms and processes

Prerequisite

The competent authority must be able to adequately assess the impact of the planned installation from the application and the required documents.
Your application must demonstrate a legitimate interest in the early start.
When submitting the application, you must undertake to compensate for all damage caused by the premature construction up to the decision. If you do not receive authorisation, you must restore the previous condition.
An application for premature construction of an installation requiring authorisation is only possible as part of a procedure for the granting of an immission control permit.

Responsible department

The responsibilities in the area of immission control are regulated in the Immission Control Competence Ordinance of the state of Baden-Württemberg.

In most cases, the competent authority for installations requiring authorisation under immission control legislation is the local lower immission control authority:

the district office, if the premises with the plant are located in a district,
the municipal administration, if the premises with the installation are located in an urban district.

A different responsibility applies in the following cases (e.g. for companies that are subject to the European Industrial Emissions Directive, the Hazardous Incident Ordinance or mining law):

Departments 5 - Environment of the respective locally responsible regional councils are the competent immission control authorities for company premises on which:

at least one installation that is labelled with the letter E in column d of Annex 1 of the Ordinance on Installations Requiring a Permit,
at least one operating area in accordance with Section 3 (5a) of the Federal Immission Control Act (hazardous incident operation),
at least one installation that requires a licence pursuant to Section 60 (3) sentence 1 no. 2 or no. 3 of the Federal Water Act, or
at least one landfill in accordance with Article 10 in conjunction with Annex I of Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control), as amended

exists or is to be established.

Department 9 - State Office for Geology, Raw Materials and Mining of the Freiburg Regional Council is also the state-wide competent immission control authority for:

Operational sites including the facilities and activities located thereon that are subject to mining supervision,
Operating sites with cable cars and funicular railways used for passenger transport,
Operating sites with high-pressure gas pipelines which, as energy installations within the meaning of the Energy Industry Act, serve to supply gas and which are designed for a maximum permissible operating pressure of more than 16 bar,
Underground waste disposal facilities and
Operating sites with facilities used for the construction, significant expansion and significant modification of underground cavities.

Please ensure that you submit the application for early construction to the responsible immission control authority.

Procedure

The application for early construction of an installation requiring a permit under immission control law is only possible as part of a procedure for the granting of a permit under immission control law. As soon as the competent authority has completed its review and the requirements for early construction have been met, you will receive a corresponding notification from the competent authority.

Deadlines

You must submit the application before you start building the system.

Required documents

Application for early construction of an installation requiring authorisation
required drawings, plans, expert opinions
Explanatory notes on the installation
Declaration of commitment to restore the previous status if the required immission control licence is not granted after all
other documents, if necessary ask the competent authority

Costs

The fees are based on the investment costs for the system.

Miscellaneous

Coordinate in advance with the responsible immission control authority regarding the required documents.

If you wish to have significant changes to an installation requiring authorisation approved, the competent authority can also provisionally authorise the operation of the installation if the change serves to ensure the lawful construction or operation of the installation.

The application for early construction of an installation requiring authorisation under immission control law is only possible as part of a procedure for the granting of an immission control permit. The application is made as part of the administrative service "Immission control - applying for the construction and operation of an installation requiring authorisation"

Appeal

If the responsible immission control authority refuses to authorise the project, an appeal can be lodged against this or, in the case of decisions by the regional councils, an action can be brought.

Legal basis

Bundes-Immissionsschutzgesetz

§ 8a (BImSchG) Zulassung vorzeitigen Beginns

Release note

machine generated, based on the German release by: Umweltministerium Baden-Württemberg, 29.04.2024