If you want to build a facility that requires approval before it is approved by the responsible authority, you must apply to the responsible authority for approval for early construction. The responsible authority can revoke the approval for early construction at any time. The approval can be subject to conditions or can be granted conditionally if you still have to meet certain requirements. The conditions are intended to ensure that the facility can be dismantled if it is not approved.
The responsible authority may require you to provide security. Security may include, for example, the deposit of money or securities or guarantees.
More Information
Publisher
Hamburg
Last update or date of publication
Contact
The government service telephone number 115 – your point of contact for questions related to the federal, state and local.
Monday through Friday from 8:00 to 18:00 (and beyond these times in some regions).
Call 115 nowGovernment service telephone number calls are charged at local rates.
- 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
Preconditions
- 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.
Hints
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.
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.
Basis for legal action
§ 8a Federal Immission Control Act (BImSchG)
https://www.gesetze-im-internet.de/bimschg/__8a.html
Legal Remedies
- Contradiction
- Action before the administrative court
Related Links
- Approval and notification procedures according to BImSchGCurrently this link is only available in german
- Elia - Electronic immission control law applicationCurrently this link is only available in german
Deadlines
You will need the approval letter before you can start your planned project.
Processing time
Processing time is usually up to 2 months.