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All the permits and regulations that apply to industrial dismantling: BImSchG, GefStoffV, KrWG, building regulations and occupational safety at a glance.
The BImSchG is the central piece of legislation governing the construction, operation and decommissioning of industrial plants. Anyone decommissioning a plant that requires a permit must notify the competent authority in accordance with § 15 BImSchG. The authority then examines whether aftercare obligations apply — in particular the obligation to restore the operating site to a proper condition.
Plants that do not require a permit
Plants that do not fall under the 4th BImSchV are also subject to the general operator obligation under § 22 BImSchG. Decommissioning then does not require a formal notification, but the obligation to avoid harmful effects on the environment during dismantling nevertheless remains.
Industrial buildings — particularly those constructed before 1995 — frequently contain hazardous substances such as asbestos, man-made mineral fibres (MMMF), polycyclic aromatic hydrocarbons (PAH) or polychlorinated biphenyls (PCB). The GefStoffV governs the handling of these substances and obliges the client to have a qualified hazardous-substance investigation carried out before any dismantling.
A hazardous-substance survey report before the first demolition
No dismantling may begin without a qualified hazardous-substance survey report produced by a qualified expert. The cost of the report is marginal compared with the liability risks associated with improper handling of hazardous substances. Allow 4 to 8 weeks for the report.
The KrWG defines the waste hierarchy, which must also be observed without exception in industrial dismantling: prevention before preparation for re-use before recycling before other recovery before disposal. For dismantling this means that materials must be collected separately, classified and recovered to the highest possible standard.
Electronic record-keeping (eANV)
Since 2011, electronic record-keeping via the eANV portal has been mandatory for hazardous waste. Make sure that your dismantling contractor is registered in the eANV and keeps the records correctly. Gaps in record-keeping can result in substantial fines.
The demolition permit is granted under the building regulations of the individual Länder and is generally required for commercial and industrial buildings. The application comprises the demolition plan, structural calculations for the dismantling sequence, details of the disposal arrangements and — for buildings above a certain size — evidence that a health and safety coordinator (SiGeKo) has been appointed.
Check whether an exemption from the permit requirement applies
In some Länder the demolition of certain buildings is exempt from the permit requirement — a notification is sufficient. Check the building regulations of the Land in which your site is located. Even where an exemption applies, however, all the substantive requirements relating to occupational safety, hazardous substances and disposal continue to apply.
Dismantling sites are among the most accident-prone working environments. The Occupational Safety and Health Act (ArbSchG), the Construction Site Ordinance (BaustellV) and the rules of the employers' liability insurance associations define the minimum requirements. The client is responsible for appointing a SiGeKo, for drawing up the health and safety plan and for giving advance notice to the occupational safety authority.
SCC certification as a mark of quality
SCC certification (Safety Certificate Contractors) demonstrates that a company complies with systematic occupational safety and health protection standards. Clients should look for this certification when selecting dismantling contractors — it is standard practice in industry.
The documentation obligations for industrial dismantling arise from several areas of law and have to be brought together in a single overall concept. Authorities, clients and subsequent purchasers of the land all need different records — a structured documentation concept saves time and avoids subsequent requests for additional information.
Observe the retention periods
Disposal records for hazardous waste must be retained for at least three years (§ 49 KrWG). Hazardous-substance remediation documents should be archived permanently — they can be requested at any time in connection with subsequent property transactions or enquiries from the authorities.
Dipl.-Ing. Aleksander Stepanov
Deputy Operations Manager & Project Manager
Refractory construction, industrial furnace construction and plant engineering
Whether complete relining, repair or emergency — free initial consultation and a fast response.