Asbestos: these deadlines under the Hazardous Substances Ordinance (Gefahrstoffverordnung) expire in 2026 and 2027

The new Hazardous Substances Ordinance (Gefahrstoffverordnung) came into force on 5 December 2024 and was amended again in December 2025. It divides work with asbestos into low, medium and high risk according to fibre concentration. For many businesses in construction and finishing trades, the transitional periods are now running out.

The deadlines at a glance

Anyone carrying out demolition work involving asbestos in the low or medium risk range needs a permit by 19 December 2026 (§ 11a Abs. 4a GefStoffV). It is applied for together with the company-related notification. If the authority does not object within four weeks, it is deemed to have been granted.

Two further transitional periods end on 5 December 2027. The responsible person must then provide evidence of their competence (Sachkunde), and the employees of their expertise (Fachkunde) (§ 25 Abs. 5 GefStoffV). In addition, competent supervision on site will then also be mandatory for activities that were previously permitted without it (§ 25 Abs. 6 GefStoffV).

On 5 December 2028, the old approvals for high-risk work expire.

Who checks whether asbestos is present

Building owners have no general duty to investigate. However, anyone awarding a contract must pass on available information and state the year of construction, and for buildings constructed between 1993 and 1996 the exact start of construction (§ 5a GefStoffV). The contractor checks whether asbestos is to be expected. Only if construction began after 31 October 1993 is it generally presumed that no asbestos was used.

Notification and personnel

Work in the low and medium risk ranges must be notified on a company basis at least one week before it begins. What is new is that the notification includes the names of the employees and evidence of their expertise and occupational health check-ups. It must be renewed every six years.

A competent responsible person, competent supervision on site and qualified employees are mandatory.

What businesses should do now

• Clarify which activities in the business fall into which risk range.
• For demolition work, apply for the permit via the notification in good time before 19.12.2026.
• Plan training needs up to the end of 2027: who needs competence, who needs expertise, whose certificate is expiring?