Substitute Building Materials Ordinance

On August 1, 2023, the new Mantelverordnung (General Administrative Regulation) and the associated Replacement Building Materials Regulation (EBV) came into effect.

The goal of the new regulation is to promote the use of replacement building materials in technical constructions (e.g., excavation pits) to save primary raw materials and reduce the consumption of natural resources.

The replacement building materials are made from recycled mineral waste—for example, from the demolition of buildings and roads—or from ashes and slags from combustion processes.

The Lower Waste Management Authority of the Oberbergischer Kreis provides an overview of the main innovations of the regulation below. Not all regulations are listed.

If you have any questions, the staff of the Lower Waste Management Authority will be happy to assist you.
 

Important information for operators of processing plants

The replacement building material must be quality-monitored by the operator of a processing plant. This means that the material must be sampled at regular intervals according to the requirements of the EBV.

Quality monitoring is divided into

1. the suitability test (EgN) according to § 5 EBV,

2. in-house production control (WPK) according to § 6 EBV

3. and external monitoring (FÜ) according to § 7 EBV.
   

The suitability test must be submitted by all operators of processing plants that were already active on August 1, 2023, by December 1, 2023 to the responsible authority. After the deadline, placing replacement building materials on the market without a suitability test constitutes an administrative offense.

The suitability test includes the initial inspection and operational assessment. Both must be carried out by the same monitoring body.

For in-house production control and external monitoring, analyses must be carried out at specified intervals. The frequency, parameters, and type of analysis are specified in Annex 4 of the EBV.
 

Important information for builders and users of replacement building materials

Mineral replacement building materials or mixtures may only be incorporated into technical constructions according to § 19 Para. 1 EBV if adverse changes to groundwater quality and harmful soil changes are not to be expected. For this purpose, the basic requirements have been established:

1. Quality monitoring (§§ 4 - 13 EBV)
   The processing of replacement building materials must be quality-monitored. Therefore, only the incorporation of quality-monitored material is permitted.
   

2. The incorporation of mineral replacement building materials or mixtures into technical constructions may only occur to the extent required for the respective construction purpose and in permissible installation methods.
   

3. Water protection areas (§ 19 Para. 6 EBV)
   In water protection zones, certain conditions apply depending on the respective protection zone:
   
   Zone I: Incorporation is not permitted

   Zone II: Incorporation is permitted only for the substances listed in § 19 Para. 6, Sentence 2 EBV

   Zone III A and III B: Incorporation methods are permissible according to Annexes 2 and 3 of the EBV
   
   If incorporation is planned in a water protection area, the corresponding water protection area regulation must also be reviewed. It may contain additional regulations. Currently, there are no spa protection areas in the Oberbergischer Kreis.
   

4. Karst areas (§ 19 Para. 7 EBV)
   In karst areas or areas with highly fractured, particularly water-permeable subsoil, certain building materials are not permitted. These include recycled building materials of Class 3 – RC-3, soil materials of Class F3 – BM-F3, dredged material of Class F3 – BG-F3, and ballast of Class 3 – GS-3, as well as corresponding mixtures.
   

5. Groundwater protection layer (§ 19 Para. 8 EBV)
   To protect groundwater, a certain distance must be maintained between the bottom edge of the material to be installed and the highest expected groundwater level. The distance ranges from 0.6 to 1.5 meters, depending on the soil type, material class, and installation method.
   

Outside of protected areas and with a groundwater distance of at least 1.6 m, RC1 material may be incorporated.

Exceptions

The Lower Waste Management Authority may allow further installation methods upon request if adverse changes to groundwater quality and harmful soil changes are not to be expected (§ 21 Para. 2 EBV).
 

Documentation and notification obligations

Delivery notes

The journey of the replacement building material from its initial marketing to its incorporation must be documented. Delivery notes according to the template in Annex 7 of the EBV (§ 25 Para. 1 EBV) must be filled out for this purpose.

The operator of the processing plant or the party initially placing the unprocessed material on the market must fill out the delivery note upon delivery, sign it, and hand it over to the carrier.

The carrier must pass the delivery note to the user, and the user—if not the builder themselves—must pass it to the builder. The user is obliged to compile the delivery notes for a construction project upon receipt, attach the cover sheet (template in Annex 8 of the EBV), and submit it signed to the builder upon completion of the work.

Delivery notes and cover sheets must be retained for as long as the replacement building material is installed.
 

Notification obligation

Additionally, there is a notification obligation for the installation of

• Materials according to § 20 Para. 1 EBV

• Dredged material of Class F3 (BG-F3)

• Soil material of Class F3 (BM-F3) and

• Recycled building material of Class 3 (RC-3)
  

in each case in quantities of more than 250 m³, as well as for installation in designated water protection areas (except for the substances from § 19 Para. 6 EBV).

The notification obligation includes

1. the preliminary notification according to the template in Annex 8 of the EBV (§ 22 Para. 1 EBV):
   Four weeks before the start of installation, the Lower Waste Management Authority must be notified of the installation if the total volume of mineral replacement building materials is at least 250 m³.
   The content of the preliminary notification is specified in § 22 Para. 3 EBV.
   
   and
   

2. the completion notification according to the template in Annex 8 of the EBV (§ 22 Para. 4 EBV):
   Within two weeks after the completion of the construction project, the completion notification must be submitted to the Lower Waste Management Authority. Here, the actual installation quantities and material classes must be documented using the delivery notes.

If a preliminary and completion notification are required, the obligation to create the cover sheet is waived (§ 22 Para. 5 EBV).

On the website https://ebv-portal.de/Home/ an offer exclusively for entrepreneurs is available.

The EBV portal aims to simplify the search for replacement building materials. In the future, a forum is to be created, e.g., for authorities, users of replacement building materials, producers and processors, freight forwarders, demolition and civil engineering companies, planning offices, expert appraisers, accredited laboratories, and environmental liability insurers.

The State Office for Nature, Environment, and Climate NRW (LANUK) has published an online portal providing information on the results of quality monitoring of mineral replacement building materials in NRW.

The portal provides information on the quality of certified replacement building materials in North Rhine-Westphalia. You can access the portal via the following link: https://gueteueberwachungmeb.abfall-nrw.de/.

It is aimed at all those who use replacement building materials. The portal offers, among other things, a list of all supply plants in NRW, an interactive map with a search function, and downloadable certificates for suitability tests and external monitoring results. Additionally, there is understandable background information on quality monitoring.

You can find further guidance on the installation options for recycled building materials (RC), soil material, and dredged material (B) in the matrix created by the Oberbergischer Kreis. It is available for download.

The practical guide from the Deutscher Abbruchverband e. V. also provides a clear overview and is kindly made available to you here.