What is a plant?

A plant comprises all buildings, rooms, open spaces, operating installations and facilities that constitute an operational unit and are not merely used temporarily for the pursuit of a trade (e.g. a restaurant, workshop, salesroom, warehouse, etc.).

When does a plant require a licence for operation?

Plants are subject to official approval for operation if usual operation could also include one of the impacts (hazards, disturbances) listed below:

• disturbance of neighbours due to noise, odours, smoke, dust, vibrations, etc. (e.g. machinery, loading and unloading activities, production processes)
• risks for the owner, customers, guests and neighbours of the plant
• risks for the property or other material risks (e.g. easements) of neighbours
• pollution of bodies of water or ground water
• interference with the safety, ease and fluidity of traffic along or on roads used for public transport (e.g. through delivery activities)
• disturbance of religious worship, school lessons or of a rehabilitation centre or hospital

In any case, the Licence Exemption Regulation (Genehmigungsfreistellungsverordnung) (Federal Gazette II 80/2015) does not require licensing for certain types of plant under certain conditions. For more information, see Licence Exemption Regulation (Genehmigungsfreistellungsverordnung).

If it is unclear whether a plant requires licensing, we recommend clarifying all questions concerning the project with the plant authorities during the building or project discussion meeting. In case of doubt, the authorities, at the request of the operator, will decide by way of assessment whether or not a licensing procedure should be conducted.

The path to licensing.

1. Clarification of existing and required permits (license for operation, building permit, zoning)
2. Contacting your Austrian Federal Economic Chamber
3. Visual inspection of the plant
4. Project preparation
5. Discussion of the project at the building or project discussion meeting
6. Submission of the project to the trade authority (new entrepreneurs: don’t forget the Start-up Promotion Act (NeuFög) form, further information)
7. Visual inspection negotiation
8. Notification of licence
   

Also important to consider when setting up the plant:

• Other necessary permits: under water law, under environmental protection law, under forestry law
• Contaminated sites (viewing the contaminated sites map, suspicious sites register)
• Apply for funding in good time before making investments
• Apply for business founding support for start-ups and acquisitions in due time
• Clarification of legal questions (legal form, liabilities, trade licence −
• Proof of competence, tenancy law, employees, taxes, social security, etc.)

Tip: Well-prepared projects save a great deal of time and money!