Learn here what an operating facility is, when you need an operating facility permit, how to apply for it, what documents you need, what deadlines apply, whether you need a new operating facility permitif you take over a business, whether you need to inspect your facilities regularly, and what happens if you receive complaints about your commercial activity.
What is an operating facility permit?
If you regularly conduct business or commercial activities at a facility, such as a building, you may need to apply for a business facility permit for that facility.
Commercial operating facilities include: Workshops, sales premises, inns, warehouses, offices, hotels, garages, or parking areas for trucks.
When do I need an operating facility permit?
In principle, you always need an operating facility permit if you are operating at a certain location and the activity could, for example, annoy neighbors through noise, odor, smoke, dust, vibrations or in any other way (see § 74 GewO 1994). The only exceptions are laid down in the 2nd Permit Exemption Ordinance. In the cases listed there, you do not need an operating facility permit. However, please take note of the information in § 2 of the Permit Exemption Ordinance. For example, if your office is ventilated with air conditioning, you will need a permit.
Even if you change something about your premises or the machines you use, you must apply for an amendment to the operating plant permit if the changes have an adverse effect on the emission behavior of the plant; for example, if you operate machines and equipment with higher kW or a new music system.
Application: How do I get an operating facility permit?
You must submit the application for an operating facility permit or the application for an amendment to an operating facility permit together with the required documents in quadruplicate in the City Adminstrative Group MA III - Planning, Building Law and Technical Infrastructure Management - Civil Engineering Intake Point. . Unfortunately, it is not possible to send it by e-mail. If necessary, an inspection hearing will be convened.
When is an inspection hearing convened?
If your facility is larger than 800 m² or you operate machines with more than 300 kW, the Trade and Industrial Facilities Department will organise an inspection hearing with all parties and experts concerned. These include neighbours, the building and fire police, possibly the labour inspectorate and others.
What documents are required?
The documents you need to submit vary from case to case. This checklist contains the most important principles:
The Tyrolean Chamber of Commerce will advise you on technical and legal questions regarding operating plant permits.
All required documents must be submitted in quadruplicate together with the application for an operating facility permit in the City Adminstrative Group MA III - Planning, Building Law and Technical Infrastructure Management - Civil Engineering Intake Point.. hand in.
What are the deadlines for the approval of operating facilities?
The operating facilities must have been approved before the construction of the facility or before the start of your business activity.
The Business and Industrial Facilities Department has two to four months to approve your business facilities once the complete documentation has been submitted - depending on whether or not a visual inspectionis required.
Do operating facilities have to be re-authorised after a takeover?
If a business premises licence already exists, you as the new operator may operate the business premises as approved. However, it is your duty to check whether the facility still complies with the licence. You should therefore check the authorisation notices from the previous operator when making a purchase. Service Unit Trade and operating facilities - Industrial plant law may not provide you with any documents if you are not the legal operator.
Tip: If you purchase an operating facility, have the §82b GewO inspection and check that all permits are complied with.
Do I have to check my approved operating facilities regularly?
Yes, you must check regularly (every 5 or 6 years) whether your operating facilities still comply with the permit. You will receive an inspection certificate for this so-called §82b GewO inspection, which you must keep until the next inspection. The inspection can only be carried out by qualified persons.
The inspection certificate must be presented on request. This may be the case, for example, if there are complaints about your installations.