Changes to plants subject to licensing 

Which changes are relevant?

Changes to licensed plants can refer to the type and equipment of the operating facility, working hours and opening times, etc. 

Changes to the proprietor or to sub-leasing arrangements, etc., do not constitute a change to the plant as the operating licence for the plant is exclusively bound to the facility, not to the operator. 

Changes to plants subject to licensing

In the same way as when setting up a new plant subject to licensing, if substantial changes are made to an existing plant subject to licensing, a licensing procedure under Section 81 of the Austrian Trade Regulation Act 1994 (GewO 1994) must be completed. If significant changes to a plant are made without conducting a change procedure, administrative prosecutions may be initiated. 

The same licensing requirements and procedural provisions as for the initial license apply to the change procedure. 

No license is required in the cases listed under Section 81 paragraph 2 GewO 1994:

• changes for which a notification of approval is given as per Section 79c paragraph 2 (concerns minor deviations from the licence that do not affect interests in protection),
• changes required for compliance with other or additional provisions as per Section 79 paragraph 1 or Section 79b (these are primarily conditions that are subsequently imposed or obligations imposed by the authorities),
• changes for adaptation to ordinances on account of Section 82 paragraph 1 (these are ordinances for certain types of plant, which contain detailed rules relating to the design, operating mode, equipment or admissible amount of emissions),
• changes corresponding to notifications as per Section 82 paragraph 3 or 4 (applies to deviations approved by way of notification or stipulated by the requirements of the above-mentioned ordinances),
• replacement of machinery, devices or equipment by similar machinery, equipment or devices (these are deemed similar if their intended use corresponds to the use of the machinery, etc., in the plant, and if the impact they are expected to have does not deviate from the impact of the machinery, devices and equipment in the plant to such an extent that the replacement is to be treated as a change subject to licensing).
• changes owing to the deployment of machinery, devices or equipment covered by ordinances as per Section 76 paragraph 1 or listed in notifications as per Section 76 paragraph 2, unless precluded by Section 76 paragraph 3 (concerns machines, devices and equipment, the use of which does not in itself justify the licensing requirement for a plant because it is to be expected that hazards, disturbances, impairments or adverse effects or environmental impact will be avoided),
• changes that do not have an adverse effect on the plant’s emissions (“changes not affecting emissions”),
• temporary changes lasting no longer than four weeks, which are not hazardous to the life or health of persons and which are made on the occasion of supra-regional cultural or sports events organised in the interest of large parts of the population (pertains to “public viewing” in the context of major events such as the World or European football championships, Olympic Games, skiing world championships, an Austrian city being awarded the status of European Capital of Culture, etc.). 

Changes subject to reporting

Some changes do not require a licensing procedure, but must only be reported to the authorities:

changes that do not have an adverse impact on the plant’s emissions with regard to neighbours and of which, it can be expected, owing to the special situation of an individual case, that any hazard to the life or health of persons or any damage or any adverse effects for the purpose of Section 74 paragraph 2 line 3 to 5 (pertaining to religious worship, schools, rehabilitation centres or hospitals, traffic and bodies of water) will be completely avoided or limited to a reasonable extent if certain requirements, which might have to be prescribed, are complied with (“changes not affecting neighbours”).

The report must be filed prior to the intended change. If the requirements are met, the authorities must recognise the report within two months by way of notification. The notification constitutes an integral part of the notification of licence.

Advantages of the reporting procedure:

• A separate change procedure is not necessar
• Neighbours do not have to be involved
• The decision period for the authorities is shortened from four to two months 
  

Practical tips

The question of whether or not the change will have an adverse impact on the plant’s emissions should be discussed with the responsible certified appraiser prior to submitting the report. Most district commissions or municipal authorities offer plant or building discussion meetings that can be used for this purpose. Initial discussions with the authorities about the project can be conducted during such meetings. Please bring along to this meeting all documents required to assess your project: e.g. plans and notifications for the for the existing licensed facilities, a copy of the land register map (issued by the local authorities), documents about the intended changes (e.g. machinery catalogues) with information about any emissions (e.g. noise, smell). It is advisable to book an appointment for the meeting in advance.

For companies that employ workers, the competent labour inspector should also be contacted beforehand. In this way, it can be clarified whether there are any objections to the intended change in terms of labour regulations.

Stand: 29.04.2025