Asbestos before construction starts: what clients must disclose under the new GefStoffV

With the new Hazardous Substances Ordinance (Gefahrstoffverordnung), in force since 5 December 2024, the legislator has introduced a role that did not previously exist in this form: the initiator (Veranlasser). This means whoever commissions work on structural or technical installations. That may be an owners' association, a landlord, a company or a private individual. § 5a GefStoffV expressly also applies to private households.

What the initiator must provide

Before work begins, the initiator must send the contractor all the information available to them on the construction and usage history that indicates existing or suspected hazardous substances, either in writing or electronically. To do so, they must evaluate the documents accessible to them with reasonable effort, such as building plans, previous expert reports or invoices for refurbishment work.

For asbestos, there is an additional fixed piece of information: the year of construction. If it is between 1993 and 1996, the date construction began must be stated, insofar as it is known. The background is the cut-off date of 31 October 1993. If construction began after that date, the contractor may generally assume that no asbestos was used (§ 11a Abs. 1 GefStoffV).

§ 5a does not contain any obligation to have the building inspected in advance at one's own expense. The initiator passes on what they know or can find out with reasonable effort.

What remains the contractor's responsibility

The contractor checks the information received for plausibility and includes it in its risk assessment. If it is insufficient, the contractor must carry out the check as to whether hazardous substances may be released itself, as a special service. If it lacks the expertise, it brings in external experts (§ 6 Abs. 2a and 2b). If a technical investigation is needed for this, such as a material sample with laboratory analysis, it is a precondition for the work being allowed to begin at all (§ 6 Abs. 2c).

For asbestos, § 11a Abs. 1 additionally requires that, before work starts, it be established whether the work is permitted, whether fibres may be released and which risk range it falls into. The work plan is based on this.

In practice

For trade businesses, it is worth standardising the enquiry to the client: a short form covering the year of construction, the date construction began where applicable, known pollutants and existing expert reports, which is sent out with the quote and requested back signed. This documents what information was available, and the decision about an investigation is made before the contract is awarded. Costs for sampling and analysis should be listed as a separate item in the quote.