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Premature construction of a plant requiring approval in accordance with BImSchG Approval

You have applied for a permit for a plant requiring a permit? Then you can also apply to start construction of the plant ahead of schedule.

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  • Detailed description

    You have applied for the approval of a plant requiring a permit? Then you can also apply to the competent authority to start construction of the plant ahead of schedule.

    The competent authority can revoke the approval at any time. In addition, the approval may be subject to conditions or granted conditionally if you still have to meet certain requirements. The conditions are intended to ensure that the plant can be dismantled if it is not approved. For this purpose, the competent authority may require a security from you. Collateral can be, for example, the deposit of money or securities as well as guarantees.

  • Requirements
    • From the application and the required documents, the competent body must be able to sufficiently assess the impact of the planned installation.
    • Your application must show a justified interest in the premature start.
    • As the applicant, you must undertake to compensate for all damage caused by the premature construction up to the time of the decision and, if the project is not approved, to restore it to its previous condition.
  • Documents
    • Application for early construction of a facility requiring a permit
    • required drawings, plans, expert opinions
    • explanations of the plant
    • other documents (if necessary, ask the competent authority)
  • Fees

    A fee is charged for the decision on the approval of early commencement in accordance with tariff item 2.1.2 of Annex 2 of the Fee Regulations (GebOMUGV).

  • Process

    If you wish to obtain approval for an early start to the construction of an installation requiring approval, you must submit a written application to the competent authority in advance.

    The application must be accompanied by the drawings, explanations and reasoned choice of location required to check the prerequisites, as well as evidence of the need for early commencement.

    The competent authority will decide on the approval for early commencement.

    You will receive a decision on the granting or refusal of approval

  • Deadline

    You must submit the application before you begin construction of the facility.

  • Responsible authority

    State Office for the Environment (LfU) of the State of Brandenburg

  • Point of contact

    Department T1 Technical Environmental Protection 1

  • Legal basis
  • Pointer

    If you wish to have significant changes to a facility requiring a permit approved, the competent body may also provisionally permit the operation of the facility if the change serves to ensure the lawful construction or operation of the facility.

  • Approved

    Federal Ministry for the Environment, Nature Conservation, Nuclear Safety and Consumer Protection (BMUV)

    ;

    Ministry of Agriculture, Environment and Climate Protection of the State of Brandenburg

  • Approved date
    18.07.2023;22.02.2024