New Hazardous Substances Ordinance: what applies to asbestos?

3 min. read
New Hazardous Substances Ordinance: what applies to asbestos?

Millions of tonnes of carcinogenic asbestos are still present in existing buildings. To provide better protection for workers, new rules for work involving asbestos came into force in December 2024 with the revised Hazardous Substances Ordinance (GefStoffV). The German Social Accident Insurance Institution for the Building Trade (BG BAU) provides information about the most important changes and offers a practical guide to working on existing buildings.

Asbestos banned in Germany since 1993

Although asbestos has been banned in Germany since 1993, the hazardous substance is still present in many existing buildings and may be released during conversion or refurbishment work. “Since 2015, we have known that asbestos can also be present in building materials previously regarded as harmless, such as plaster, window putty, tile adhesive and screed,” says Norbert Kluger, Head of the Hazardous Substances Department at BG BAU. “Estimates suggest that materials containing asbestos were used in more than 9.4 million buildings in Germany”.

If asbestos fibres are released during work and inhaled, they can become lodged in the lungs and cause illnesses such as asbestosis or cancer. According to provisional figures, 2,332 suspected cases of asbestos-related occupational disease were reported within BG BAU’s area of responsibility in 2024. A total of 270 people died as a result. In view of the latency periods, earlier forecasts assumed that case numbers would have to fall 20 to 30 years after asbestos was banned. This has not happened, which may indicate that asbestos remains highly prevalent in buildings and products.

Risk assessment using a traffic-light model

The revised GefStoffV introduced a risk-based set of measures for carcinogenic substances such as asbestos in December 2024. The approach defines three risk categories – high, medium and low – and is also known as the “traffic-light model” because of its colours (red, amber and green). Graduated, risk-based protective measures apply to each of the three categories.

“The new Hazardous Substances Ordinance now allows trades businesses to carry out certain work that was previously prohibited in practice. Permitted activities have been expanded to include what is known as functional maintenance, meaning work that supports the continued use of a building or is required to bring it into line with current construction technology. The amendment creates new possibilities here. For example, channels may now be cut into plaster containing asbestos, provided that safe working methods are always used,” explains Andrea Bonner, an expert in BG BAU’s Hazardous Substances Department. High-risk activities may still be carried out only by appropriately licensed specialist companies. To support businesses in implementing the new rules, BG BAU has summarised the prescribed procedure in a new guide entitled “Asbestos when working on existing buildings”. It explains which activities are permitted and under what conditions.