Plant licensing and consulting: your partner for safety and compliance
A business premises permit is the basis for legally compliant and smooth operation. Whether it's a production facility, office building, workshop or warehouse - every operating facility in Austria is subject to clearly defined legal requirements. As experts in business premises permits and comprehensive advice, we offer you the support you need to operate your facility successfully and in compliance with the law.
In this article you will find out:
- What an operating license is.
- The challenges that companies face.
- How we support you with the planning, approval and retrofitting of your operating system.
- Which legal bases are relevant for the approval.
1 What is an operating license?
According to the Austrian Trade, Commerce and Industry Regulation Act (GewO ), every business facility that is used for commercial purposes requires a permit. The aim is to minimize potential hazards for people, the environment and surrounding neighbors.
An operating license ensures that:
- The technical installations are safe and environmentally compatible.
- fire protection and safety measures are observed.
- employees and third parties are not exposed to any dangers.
As a rule, the permit covers all aspects that may affect operations, such as emissions, noise pollution, fire protection, employee protection and environmental protection.
1.1 Legal basis of the operating license
The operating plant license is based on several legal principles that are applied depending on the type of plant and industry. The most important of these include
- Industrial Code (GewO): Regulates the requirements and procedures for the approval of business premises (Sections 74 to 84 GewO).
- Employee Protection Act (ASchG): Ensures that workplaces and technical equipment meet the requirements of employee protection.
- Building law and building regulations of the federal states: regulations on construction measures and their approval.
- Emission control law: regulations on air pollution control, water law and waste disposal.
- OIB guidelines: Standards for fire protection, energy efficiency and safety in buildings.
2. the process of operating plant approval
An operating facility permit is a multi-stage process that requires careful planning and comprehensive documentation.
2.1 Submission of documents
The first step is to submit an application to the competent authority. The following documents are required for this:
- Site plan and operating description: Shows the exact position of the system and the type of activity.
- Technical documentation: Information on machines, production processes and potential emissions.
- Safety and fire protection concept: Proof that the system meets the requirements of employee protection and fire protection.
- Environmental compatibility: Information on waste water, waste disposal and energy consumption.
2.2 Examination procedure by the authority
The authority examines the application and obtains opinions from specialist bodies, e.g:
- Trade Inspectorate.
- Environmental authorities.
- Fire department (for fire protection issues).
2.3 Notification and conditions
Once the inspection has been completed, the authority either issues the permit or imposes conditions that must be met before commissioning.
3. challenges in the approval of operating facilities
Plant licensing is a complex process that poses various challenges for companies:
3.1 Comprehensive regulations
The requirements for operating facilities are regulated in the Industrial Code, the OIB guidelines, ÖNORM standards and other regulations. Without specialist knowledge, it is difficult to maintain an overview.
3.2 Official requirements
Requirements relating to fire protection, emissions or employee protection may require investments and structural measures. This must be taken into account at an early stage.
3.3 Modifications to existing installations
Changes or extensions to an existing operating facility also often require a permit. Clarifying the requirements in good time saves time and money.
3.4 Legal approval requirements
There are various laws that require a permit. The best known are the trade regulations and building law. There are also a large number of licensing requirements under Austrian and EU law.
| Range | Approval requirement | Legal basis | Examples |
|---|---|---|---|
| Operating facilities | Permit for the construction and operation of operating facilities | Trade Regulations (§§ 74-84 GewO) | Production facilities, workshops, warehouses |
| Construction measures | - Building permits for new buildings, conversions, demolition work - usage permits | Building regulations of the federal states | Construction of buildings, conservatories, garages |
| Environmental protection | - Permits for emissions (air, water, soil)- Interventions in nature conservation areas | - Water Rights Act (WRG)- Nature Conservation Acts of the federal states | Industrial plants, waste water plants, protected areas |
| Sewage law | - Direct discharges into bodies of water (permit under water law)- Indirect discharges into sewer systems (permit under § 32b WRG if applicable)- Compliance with sector-specific wastewater emission ordinances (AEV)- Sewer regulations under state law | - Water Rights Act (WRG)- Wastewater Emission Ordinances (AEV)- Indirect Discharger Ordinance | Industrial wastewater, wastewater from beverage production, connection to public sewage system |
| Waste law | - Operation of waste treatment plants- Permits for the collection, storage and recovery of hazardous waste- Obligation to keep records of waste transports | Waste Management Act (AWG), RIS-Link | Recycling centers, landfills, temporary storage facilities for hazardous substances |
| Emission right | - Operating permit for installations with air emissions- Compliance with pollutant limits- Proof of emission reduction | - Immission Control Act-Air (IG-L)- Emissions Certificate Act 2011 (EZG 2011) | Power plants, industrial paint shops, incineration plants |
| Fire protection | - Creation of a fire protection concept- Testing of fire protection equipment- Storage of hazardous substances | OIB guidelines, TRVB | Commercial kitchens, storage facilities for flammable substances, event venues |
| Occupational safety | - Safety inspection of workplaces- Machine safety approval- Protective measures for hazardous work | Employee Protection Act (ASchG), Workplace Ordinance (AStV) | Production, construction work, operation of machines |
| Energy and environment | - Approval for photovoltaic systems- Installation of wind turbines- Heating systems | Building regulations of the federal states, OIB guidelines, environmental laws | Solar systems on roofs, biomass heating systems, wind turbines |
| Chemicals and hazardous substances | - Authorization for the handling of chemicals- Storage and transport of hazardous substances- Use and storage of explosives | Chemicals Act, Industrial Code, Explosives Act | Chemical storage, laboratories, transportation of dangerous goods |
| events | - Permits for public events - safety requirements for stages, tents, fireworks | Event laws of the federal states | Christmas markets, concerts, sporting events |
| Medicine and health | - Licenses for medical facilities - operation of pharmacies and laboratories | Health Telematics Act, Pharmacy Act | Hospitals, doctors' surgeries, medical laboratories |
| Transportation and infrastructure | - Road traffic permits- Permits for construction sites in public spaces- Use of public spaces | Road traffic regulations (StVO), road law of the federal states | Construction sites, traffic detour, parking areas |
| Monument protection | - Permission for work on listed buildings | Monument Protection Act | Renovation of historic facades, work in old town areas |
| Trade and commerce | - Permits for commercial businesses- Permits for catering businesses- Permits for trading in special products (e.g. weapons, medicines) | Trade Regulations (§§ 94-95 GewO) | Restaurant business, trade in medical products, sale of weapons |
| Energy supply | - Grid connection permits - Operation of energy supply systems | Electricity Industry and Organization Act (ElWOG), Gas Industry Act | Power lines, gas grids, operation of power plants |
| Telecommunications | - Erection of antenna systems - Operation of radio masts | Telecommunications Act (TKG) | Mobile phone masts, fiber optic lines |
| Product safety | - Testing and approval of products - compliance with EU product safety requirements | Product Safety Act (PSG), CE directives | Machines, electrical appliances, toys |
| Agriculture and forestry | - Approval for clearing - construction of stables and agricultural operations | Forestry Act, Building Regulations | Clearing permits, construction of farm buildings |
| Energy efficiency and climate | - Approval for energy-efficient conversions - subsidy programs and proof of the use of renewable energies | Energy Efficiency Act, Environmental Promotion Act | Refurbishment of buildings, funding for thermal insulation |
This version is an excerpt from the possible approval requirements.
4. our services in the area of plant licensing
As experts in plant licensing, we support companies in all phases - from planning and submission to the implementation of official requirements.
4.1 Consulting and planning
Our consultation begins with a comprehensive analysis of your operating facility. Together, we check which permits are required and how the requirements can best be met.
Our services:
- Examination of the requirements according to trade regulations and other relevant regulations.
- Advice on technical, organizational and legal aspects.
- Creation of a customized plan for your system.
4.2 Preparation of the application documents
We take care of the complete preparation of the approval documents. This includes
- Site plans, operating descriptions and technical documentation.
- Safety and fire protection concepts.
- Environmental reports.
Our experience ensures that the documents meet the official requirements and that delays are avoided.
4.3 Support during the approval process
We support you throughout the entire approval process:
- Communication with authorities and specialist agencies.
- Preparation and participation in meetings and inspections.
- Support with the implementation of requirements.
4.4 Support with retrofitting and inspections
If existing operating systems do not meet the current requirements, we will support you in retrofitting and carrying out § 82b inspections.
5. advantages of our advice
With our support you benefit from:
- Competence: Our experts are very familiar with the current regulations.
- Efficiency: We ensure that the approval process runs smoothly and quickly.
- Safety: You can be sure that your system meets all legal requirements.
6 Frequently asked questions about the operating license
When is a business premises permit required?
As soon as a commercial activity takes place in a facility that has a potential impact on people, neighbors or the environment, a permit is required.
What happens if there is no permit?
Operating facilities without a permit can be shut down. There is also a risk of high fines and liability risks in the event of accidents.
How long does the approval process take?
The duration depends on the complexity of the installation and the official processing time. On average, the process takes 3-6 months.
Do existing installations have to be inspected regularly?
Yes, according to § 82b GewO, operating facilities must be inspected every 5 to 6 years.
7. contact us - your partner for operating permits
Plant licensing is a complex but crucial process for every company. With our support, you can be sure that your plant meets all requirements and can be put into operation on time.
Get in touch with us today:
📞 Phone: 04242-33141-0
📧 E-mail: office@ah-se.at
We look forward to supporting you with your project!
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