Immission control; application for a permit for the construction and operation of a plant

The construction and operation as well as the substantial modification of certain industrial plants, which may cause harmful effects on the environment, require a permit under immission control law. The types of facilities concerned are listed exhaustively in the Ordinance on Facilities Requiring a Permit (4. BImSchV).

Description

The German Federal Immission Control Act (BImSchG) stipulates that the construction and operation of plants that can typically cause harmful effects on the environment (cf. Section 4 (1) Sentence 1 BImSchG) require immission control approval. The types of installations concerned are listed exhaustively in the Ordinance on Installations Requiring a Permit (4th BImSchV).

A distinction is made between the formal procedure according to § 10 BImSchG and the simplified procedure according to § 19 BImSchG. Both procedures have in common that they require a written application and the submission of all documents relevant to the examination as well as the participation of other affected authorities. In the formal procedure, there is also a public announcement of the project, a public display of the application including documents and, if necessary, a hearing. In certain cases, an environmental impact assessment must also be carried out (cf. Ordinance on the Approval Procedure - 9th BImSchV).

As a rule, the district administrative authority (= district office or municipality) is responsible for the decision on the permit, in exceptional cases specified by law, the government (cf. Art. 1 Bavarian Immission Control Act - BayImSchG).
If the operator intends to change the location, condition or operation of an installation requiring a permit, he must also obtain a permit for this if it is a significant change (cf. Art. 16 (1) BImSchG). Other changes must be notified to the licensing authority at least one month before commencement (Section 15 (1) BImSchG).

Required documents

  • Application documents for immission control depending on the individual case

    cf. on the type of documents §§ 3 ff 9. BImSchV (see link "Legal basis")

Forms

Please select a location in "Localization" so that the address of the responsible authority can be filled in.

  • Prefillable Form, Bavaria-wide: Antrag nach dem Bundes-Immissionsschutzgesetz auf Neugenehmigung, Änderungsgenehmigung, Vorbescheid, Teilgenehmigung oder Zulassung des vorzeitigen Beginns
    Please note

    This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

    Antrag nach dem Bundes-Immissionsschutzgesetz auf Neugenehmigung, Änderungsgenehmigung, Vorbescheid, Teilgenehmigung oder Zulassung des vorzeitigen Beginns

  • Prefillable Form, Bavaria-wide: Änderungsanzeige nach § 15 BImSchG
    Please note

    This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

  • Prefillable Form, Bavaria-wide: Checkliste für Antragsunterlagen im immissionsschutzrechtlichen Genehmigungsverfahren
    Please note

    This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

Fees

  • The costs incurred are set out in the Schedule of Costs to the Bavarian Costs Act, No. 8.II.0, tariff item 1.

Remedy

Administrative court proceedings; information

administrative claim

Status: 08.02.2022

Responsible for editing: Bayerisches Staatsministerium für Umwelt und Verbraucherschutz

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  • Online transactions, Bavaria-wide
  • Online transactions, locally limited
  • Prefillable Form, Bavaria-wide
  • Legal bases, Bavaria-wide
  • Legal bases, locally limited
  • Fees, Bavaria-wide
  • Fees, locally limited
Bild zur Leistungsbeschreibung

Responsible for you

If you select a location under "Localization" the contact details of the responsible authority and, if applicable, locally valid information will be displayed.