Substitute building materials; notification of installation

The Substitute Building Materials Ordinance defines 16 mineral substitute building materials. These include, for example, recycled building materials that are produced after the demolition of buildings through the processing of mineral waste (building rubble such as concrete, bricks, tiles and ceramics and mixtures thereof). Other substitute building materials are soil materials that arise from excavation during construction work, as well as slag and ash that remain as waste from industrial processes. If substitute building materials are to be installed in a technical structure, they are subject to the regulations of the Substitute Building Materials Ordinance.
Technical structures within the meaning of the Substitute Building Materials Ordinance are, for example, roads, paths, parking lots, excavations for the foundations of a building or noise barriers.

If the requirements of the Substitute Building Materials Ordinance are met, a permit under water law is no longer required, in contrast to previous practice. However, there is a notification requirement for some substitute building materials:

• Slag and ash (please note the minimum stone volume: 50 or 250 m³)
• Soil material (BM), dredged material (BG) and recycled building material of material classes BM-F3, BG-F3 and RC-3 from an installation quantity of 250 m³
• all mineral substitute building materials that are to be installed in designated water protection areas (except BM-0, BG-0, SKG, GS-0)

A preliminary notification must be submitted before the mineral substitute building materials are installed. After completion of the construction project, a final notification must be submitted for the notifiable substitute building materials.

The obligation to notify applies to the use of more than 250 m³ - based on the proportion contained in the mixture - of the following materials:

• Class 3 recycled building material (RC-3)
• Floor material of class F3 (BM-F3)
• Class F3 dredged material (BG-F3)
• Class 1 and 2 incinerator bottom ash (HMVA-1, HMVA-2)
• Steelworks slag of classes 1 and 2 (SWS-1, SWS-2)
• Class 1 and 2 copper smelting material (CUM-1, CUM-2)
• Mixtures of the above materials

Any recovery, including quantities of less than 250 m³, in water protection areas (WSG) is generally subject to notification. An exception to the obligation to notify exists for the recovery of the following materials:

• Class 0 floor material (BM-0)
• Class 0 dredged material (BG-0)
• Melting chamber granulate (SKG)
• Class 0 track ballast (GS-0)
• Mixtures of the above materials

As long as no other provisions have been made in the applicable water protection area ordinance, the provisions of the EBV pursuant to Section 19 (6) sentence 6 shall apply.

The advance notice must be submitted four weeks before the start of the construction work.

After completion of the construction work, the quantities, substitute building material types or building material mixtures actually used must be reported within two weeks by means of a final notification.

• Information on the highest expected groundwater level,
• Thickness and soil type of the groundwater cover layer,
• Location of the construction project with regard to water protection, medicinal spring protection or water priority areas

• § Section 22 Ordinance on Requirements for the Installation of Mineral Substitute Building Materials in Technical Structures (Substitute Building Materials Ordinance - ErsatzbaustoffV)

• Substitute Building Materials Ordinance

The installation of special mineral substitute building materials or mixtures must be reported in advance to the responsible district administrative authority.

After completion of the construction work, the quantities, substitute building material types or building material mixtures actually used must be reported in a final notification.

For all notifiable construction measures in which substitute building materials are used, an entry is made in the register of substitute building materials.