Substantial and non-substantial change to the AAI

When your activity changes, your environmental authorisation has to reflect it. We assess whether the modification is substantial or non-substantial, prepare the project and submit it to the authorities.

Law 20/2009Substantiality criteria

In brief

  • Modifications to an authorised activity with effects on the environment must be incorporated into the AAI or the environmental licence.
  • The Generalitat (Catalan Government) publishes criteria for deciding whether a change is substantial or non-substantial.
  • The procedure requires submitting a project that describes and assesses each change.
  • The decision is issued by the Generalitat and/or the municipal council.
  • Operating without an up-to-date authorisation can lead to serious penalties.

When does a change have to be processed?

Law 20/2009, of 4 December, on environmental prevention and control of activities (Catalonia), requires the Integrated Environmental Authorisation (AAI) or the environmental licence to be kept up to date. To do so, a project must be submitted to the authorities incorporating any modifications to the already authorised activity that have effects on the environment, whether or not they are substantial.

How do you know whether a change is substantial or non-substantial?

The Generalitat has published the document Substantiality criteria for modifications to activities under Law 20/2009 (Criteris de substancialitat). Interpreting it correctly is what determines which project has to be submitted. The criteria assess the greater or lesser impact of the planned modification on the basis of parameters such as:

  • The size of the activity affected.
  • Production.
  • The natural resources used and, specifically, water and energy consumption.
  • The volume, weight and type of waste generated.
  • The degree of pollution produced.

What does the project contain?

  • Description of the changes being incorporated: installations, raw materials, energy consumption, waste generation, etc.
  • Assessment of the substantiality of each of the changes.
  • Description and quantification of the emissions to the environment generated by the changes and of their repercussions.

Who decides on the change?

The decision on a substantial or non-substantial change is granted by the Generalitat and/or the council of the municipality where the company is located. It sets out the environmental requirements the activity must comply with.

How we do it

  1. Site visit
    We gather the data on the planned or already implemented changes.
  2. Technical documentation
    We draft the technical report, prepare the drawings and complete the application forms.
  3. Submission
    We file the application through the Generalitat's online procedures office (Oficina Virtual de Tràmits, OVT).
  4. Follow-up
    We prepare any additional documentation requested by the authorities during the procedure.
  5. After the decision
    We continue to answer your questions about the project once it is complete.

Why does it matter?

Law 20/2009 provides for serious penalties for companies that operate an activity without an up-to-date environmental authorisation. If you have expanded or modified your activity without notifying it, it is advisable to regularise the situation as soon as possible.

Frequently asked questions

Do all changes have to be notified?

Modifications with effects on the environment, both substantial and non-substantial, must be incorporated into the authorisation. The type of project depends on how each change is classified under the Generalitat's criteria.

What happens if I classify a change incorrectly?

If the wrong type of project is submitted, the procedure does not progress as it should. That is why the assessment of the substantiality of each change forms part of the project itself.

Does this also apply to an environmental licence?

Yes. The procedure allows modifications to be incorporated into both an Integrated Environmental Authorisation and an environmental licence.