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We are expanding our plant. Do we need a new Royal Commission permit?

When a change makes your facility a modified facility, which permits it needs, what to submit and how far ahead.

Royal Commission rules. 3 min read.

Short answer

An expansion or modification of an existing facility needs an Environmental Permit to Construct (EPC), which the Royal Commission issues case by case. A major expansion or significant change needs an amended permit application package 6 months ahead, and Second and Third Category facilities also submit an EIA. If the change makes the facility a modified facility, it also needs an amended or new EPO before it operates. Under Volume I clause 1.3.7 that means production 10% or more above the approved value, emissions or discharges up by 10% or more, or new pollutants.

Key terms used in this guide 11 terms
Best Available Techniques (BAT)
The most effective and advanced production processes, methods, technologies or operational practices, applied at facilities to prevent emissions, discharges and other impacts, or to reduce them where prevention is not practicable. BAT must at least meet the emission or discharge standards in RCER, taking energy, environmental and economic impacts and costs into account. RCER-2025 Vol. I, Glossary, page viii
Environmental Permit to Construct (EPC)
The Royal Commission permit an operator must obtain before starting any construction activity related to the process of a new facility. An existing facility also needs an EPC, decided case by case, for reconstruction, modification or expansion. RCER-2025 Vol. I, 1.2.1 and 1.2.2, page 5
Environmental Permit to Operate (EPO)
The Royal Commission permit without which a facility may not operate or carry out process commissioning. It is valid for five years from the date of issue. RCER-2025 Vol. I, 1.3.1 and 1.3.6, pages 5 and 6
Environmental Screening Questionnaire (ESQ)
The questionnaire every facility submits as part of the RC Industrial Site Allocation Request. RC reviews it to determine the category of the facility. RCER-2025 Vol. II, 1.3, page 3
Existing facility
A facility that received environmental approval from the Royal Commission before the effective date of RCER-2025, or that was contracted for before that date provided RC is informed. RCER-2025 Vol. I, Glossary, page ix
First Category facility
A facility with negligible or no impact on public health or the environment during construction or operation. Typically support industries and commercial establishments. RCER-2025 Vol. I, Glossary, page xii
Modification
Any physical change to an existing facility, or change in its method of operation, that increases unit capacity or the pollution emitted to the atmosphere, or causes an impact on the environment that did not occur before. RCER-2025 Vol. I, Glossary, page x
Modified facility
A facility subject to a modification with production increases greater than 10 percent, a 10 percent increase in emissions or discharges, or new pollutants emitted or discharged. Clause 1.3.7 of Volume I words the production and emissions tests as 10 percent or more. RCER-2025 Vol. I, Glossary, page x
Permit Application Package (PAP)
The package of application forms facilities submit, with the ESQ, to obtain the EPC and EPO. Unless RC says otherwise, everything submitted in it is a condition of the EPO. RCER-2025 Vol. I, 1.1.7 and 1.3.4, pages 2 and 6
Reconstructed facility
A facility that is dismantled, damaged or destroyed and intentionally rebuilt to the original design, in the same or a different location. RCER-2025 Vol. I, Glossary, page xi
Third Category facility
A facility with significant potential for environmental harm, including permanent or irreversible damage to public health or the environment, during construction or operation. Typically primary industries and some larger secondary industries. RCER-2025 Vol. I, Glossary, page xii

All 50 terms in the Royal Commission glossary

On this page
  1. When does a change count as a modification?
  2. Which permits does the change need?
  3. What do you submit, and when?
  4. Do smaller changes matter?
  5. What are the fines?
  6. What can go wrong?

When does a change count as a modification?

The operator of a modified facility applies for a new or amended EPO for any of these:RCER-2025 Vol. I, 1.3.7, page 6

  • Production increases above the previously approved value by 10% or more.RCER-2025 Vol. I, 1.3.7, page 6
  • Emissions or discharges increase by 10% or more.RCER-2025 Vol. I, 1.3.7, page 6
  • New pollutants are emitted or discharged.RCER-2025 Vol. I, 1.3.7, page 6

Volume II asks for an amended package when a major expansion or a significant change to the process or scope of operation is planned after the EPO is issued.RCER-2025 Vol. II, 1.7.1, page 5

Which permits does the change need?

  • An EPC for the reconstruction, modification or expansion, issued case by case as an EPC authorisation letter or an EPC certificate.RCER-2025 Vol. I, 1.2.2, page 5
  • An amendment to the existing EPO, or a new EPO if needed, before the modified facility operates.RCER-2025 Vol. I, 1.3.2, page 6
  • The EPO amendment expires on the same day as the EPO itself.RCER-2025 Vol. II, 1.7.3, page 5

What do you submit, and when?

  • An amended permit application package, 6 months in advance.RCER-2025 Vol. II, 1.7.1, page 5
  • An EIA for Second and Third Category facilities, and for First Category facilities case by case or if MEWA requires it.RCER-2025 Vol. II, 1.7.2, page 5
  • The screening questionnaire for the modification. Appendix C says facilities submit it for any new project or modification to an existing project.RCER-2025 Vol. II, Appendix C, page C-3
  • A Best Available Techniques (BAT) assessment, which applies to new, reconstructed and modified facilities under Appendix B.RCER-2025 Vol. I, 1.1.12, page 3

After the applications and the EIA are approved, the Royal Commission issues an EPC for the modification work, with the conditions needed for compliance with RCER. The deadline calculator in this library works out the 6 month date.RCER-2025 Vol. II, 1.7.2, page 5

Do smaller changes matter?

The thresholds decide when a new or amended EPO is needed. Smaller changes still have to be reported:

  • The EPO authorises only the processes and facilities described in the PAP, and the PAP information is a condition of the EPO unless the Royal Commission says otherwise.RCER-2025 Vol. I, 1.3.4, page 6
  • The signed Statement of Certification commits the facility to notify the Royal Commission of any changes.RCER-2025 Vol. II, 2.2, page 11
  • A change of technology or technology supplier must be notified, and the PAP updated.RCER-2025 Vol. II, 1.3.1(viii), page 4
  • At renewal, if the Royal Commission asks for the PAP or selected forms, the facility also submits a detailed account of all modifications made during the last permit period.RCER-2025 Vol. II, 1.6.1, page 5

What are the fines?

Clause 1.2.2, reconstruction, modification or expansion without an EPC200,000 to 500,000 riyals
Clause 1.3.2, operating a modified or reconstructed facility without an amended or new EPO5,000 to 50,000 riyals, monthly
Clause 1.3.7, new or amended EPO for a modified facility10,000 to 40,000 riyals

Table sourceRCER-2025 Vol. III, Table 3.1, page 5

What can go wrong?

What can go wrong
  • Losing track of the approved value. The production threshold is measured against the previously approved value, so keep a record of it.RCER-2025 Vol. I, 1.3.7, page 6
  • Forgetting a new pollutant. A new pollutant makes the facility modified even when volumes do not rise.RCER-2025 Vol. I, 1.3.7, page 6
  • Starting construction on the expansion before the EPC for it is issued.RCER-2025 Vol. I, 1.2.2, page 5
Planning an expansion in a Royal Commission city?

We check whether the change is a modification and prepare the amended PAP, the EIA and the BAT assessment.

Our service: Royal Commission EPC and EPO

Talk to our team

References

Each small number in this guide shows the article or section that point comes from. Hover over or tap a number to see it, or open the full list below.

Show all 13 references and the 3 regulation texts
  1. RCER-2025 Vol. I, 1.3.7, page 6
  2. RCER-2025 Vol. II, 1.7.1, page 5
  3. RCER-2025 Vol. I, 1.2.2, page 5
  4. RCER-2025 Vol. I, 1.3.2, page 6
  5. RCER-2025 Vol. II, 1.7.3, page 5
  6. RCER-2025 Vol. II, 1.7.2, page 5
  7. RCER-2025 Vol. II, Appendix C, page C-3
  8. RCER-2025 Vol. I, 1.1.12, page 3
  9. RCER-2025 Vol. I, 1.3.4, page 6
  10. RCER-2025 Vol. II, 2.2, page 11
  11. RCER-2025 Vol. II, 1.3.1(viii), page 4
  12. RCER-2025 Vol. II, 1.6.1, page 5
  13. RCER-2025 Vol. III, Table 3.1, page 5
How to read these references 3 texts cited
  • RCER-2025 Vol. I, 1.3.6, page 6 means Volume I, clause 1.3.6, on printed page 6. All three volumes define a day as a working day.

The three RCER-2025 volumes are listed in the Royal Commission library.

Regulation texts this guide is written from

  • Royal Commission Environmental Regulations 2025, Volume I, Regulations and Standards
  • Royal Commission Environmental Regulations 2025, Volume II, Environmental Permits and Licenses Program
  • Royal Commission Environmental Regulations 2025, Volume III, Penalty System and Service Charges

This guide is general information written from the regulation texts listed above. It is not legal advice. Regulations change, and the official text always prevails. Spotted something out of date? Request a change.