Vorbescheid zu einer genehmigungsbedürftigen Anlage nach BImSchG Erteilung

§ 9 Federal Immission Control Act (BImSchG)
URL: https://www.gesetze-im-internet.de/bimschg/__9.html

§ 6 Federal Immission Control Act (BImSchG)
URL: https://www.gesetze-im-internet.de/bimschg/__6.html

§ 10 Federal Immission Control Act (BImSchG)
URL: https://www.gesetze-im-internet.de/bimschg/__10.html

§ 21 Federal Immission Control Act (BImSchG)
URL: https://www.gesetze-im-internet.de/bimschg/__21.html

If you apply for a preliminary decision regarding a facility requiring approval, the responsible authority can issue this under certain conditions.

If you want to set up or operate a system that requires approval under the Federal Immission Control Act, you need approval from the responsible immission control authority.
If you apply for a preliminary decision, the competent immission control authority will decide in advance on individual approval requirements and on the location of the system.

• Application for a preliminary decision on a facility requiring approval
• required drawings, plans, reports
• Explanations of the system
• If required, you can obtain further documents from the responsible authority

You will receive a preliminary decision on individual approval requirements and the location of the facility requiring approval if

• the authority can adequately assess the impact of your planned installation and
• there is a legitimate interest in a preliminary decision.

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.

You submit a written or electronic application together with the required documents to the competent authority.

The responsible authority will examine your application.
If necessary, the responsible authority will request further information or documents from you.

The competent authority shall publish the application and the relevant documents and make it available for public inspection for one month.
The competent authority shall request the other authorities involved to comment on the authorisation 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, there will be no public interpretation or discussion.

The responsible authority will decide on your application.

If necessary, the competent authority will supplement the decision with additional content and ancillary provisions.
You will receive a written notice with reasons.
Those who have raised objections will also receive the decision with reasons.

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

You need approval before you build or operate the facilities.
This is also possible as a preliminary decision or partial approval.

The preliminary decision becomes invalid if you do not apply for approval of the facility within 2 years. In justified exceptional cases, the validity period of the preliminary decision can be extended to a further 2 years.

The preliminary decision becomes ineffective if you do not apply for approval within two years of the incontestability. You can request an extension of this period for another two years.

The authority can revoke the preliminary decision with future effect under certain conditions.

• Contradiction
• Action before the administrative court

Authority for the Environment, Climate, Energy and Agriculture