List of Contaminated Sites

Contaminated Sites Registry - The Contaminated Sites Registry is an officially maintained register that systematically records properties with confirmed soil contamination (contaminated sites) as well as areas where contamination is merely suspected (sites suspected of contamination).

What role does the Contaminated Sites Registry play in the purchase of real estate?

The legal basis for the Contaminated Sites Register is the Federal Soil Protection Act (BBodSchG) in conjunction with the respective state laws. In Bavaria, the Bavarian Soil Protection Act (BayBodSchG) applies. The lower-level soil protection authorities are responsible for maintaining the register-in independent cities such as Nuremberg, this means the municipal environmental office.

The registry distinguishes between two categories. Contaminated sites are areas where harmful soil contamination has already been proven-for example, due to former industrial production, gas stations, dry cleaners, or improper waste disposal. Sites suspected of contamination, on the other hand, are properties where contamination is suspected due to past use, but conclusive proof is still pending.

For prospective buyers, the directory is an indispensable tool for risk assessment. This is because the property owner is liable as a so-called polluter under Section 4(3) of the Federal Soil Protection Act (BBodSchG) for remediation-regardless of whether they caused the contamination themselves. Anyone who acquires a contaminated property automatically assumes the obligation to remediate it. Depending on the type and extent of the contamination, costs can range from a few thousand euros to six-figure sums.

A contaminated site report should therefore be obtained before any property purchase. The report is subject to a fee and is usually issued within a few weeks. Many notaries and banks now require such a report as a standard part of the purchase process.

Common Sources of Contamination

Knowing typical sources of contamination helps buyers identify high-risk properties early on:

• Former gas stations and petroleum retail sites: Hydrocarbon contamination (gasoline, diesel) in the soil and groundwater
• Dry cleaners and laundries: Chlorinated solvents (PCE, TCE) that penetrate deep into the subsoil
• Metalworking facilities: Heavy metals (lead, cadmium, chromium) in soil and sludge
• Old landfills and dumps: Organic compounds, heavy metals, landfill gas
• Former gasworks (tar factories): Polycyclic aromatic hydrocarbons (PAHs) and cyanide

Remediation Obligation and Owner Liability

If a contaminated site is identified, the authorities order investigative and, if necessary, remediation measures. This order may be directed at the polluter (the party responsible for the initial contamination), the current property owner (the party responsible for the current condition), or the person in actual control of the property. In practice, the polluter is often no longer traceable-for example, because a company has gone bankrupt or the contamination occurred decades ago. The burden of remediation then falls entirely on the owner.

A contractual disclaimer of liability between the seller and the buyer does not release the new owner from the public-law obligation to remediate. However, a private-law right of recourse against the seller may exist if the seller fraudulently concealed a known contamination.

Practical Tip for Nuremberg and Franconia

The Nuremberg metropolitan region looks back on a long industrial history. Former factory sites in neighborhoods such as Gibitzenhof, Gostenhof, or along the Main-Danube Canal are often available today as building land or for residential projects. Especially for these conversion sites, we strongly recommend checking with the Nuremberg City Environmental Office or the relevant district office. This information can be requested in writing and indicates whether a property is listed in the contaminated sites registry.

Additionally, it is worth consulting the Bavarian Contaminated Sites Registry, which is maintained by the State Office for the Environment (LfU). We also recommend reviewing historical aerial photos and city maps to identify past industrial uses that may not yet be recorded in the registry. We assist our clients in obtaining and evaluating this information as part of our purchase support services.

Frequently Asked Questions

Is obtaining contaminated site information mandatory when purchasing property?

There is no legal obligation to obtain this information. However, many banks require this information as part of their financing review, since a contaminated property is worth significantly less as collateral. We generally recommend obtaining a contaminated site report before any property purchase-the cost, usually between 20 and 50 euros, is negligible compared to the financial risk of undetected contamination, which in the worst case can result in six-figure remediation costs.

Can an entry in the contaminated sites registry be removed?

Yes, following successful remediation and proof that no harmful soil contamination remains, the competent authority can remove the entry or change the status to “remediated.” This usually requires a comprehensive final remediation report from a certified expert confirming that pollutant levels are permanently below the threshold values set by the Federal Soil Protection and Contaminated Sites Ordinance (BBodSchV).

Is the buyer liable even if they were unaware of the contaminated site?

Yes, the owner is liable under public law for causing the contamination, regardless of their knowledge or intent. Even a buyer acting in good faith who purchased the property in good faith is obligated to remediate the site. This is why it is so important to check the contaminated sites registry beforehand. A claim for damages under private law against the seller may exist if the seller was aware of the contamination and fraudulently concealed it-however, proving this is difficult in individual cases.

Contaminated Sites and Financing: Impact on Mortgage Eligibility

For buyers who wish to finance a property that may be contaminated with a bank loan, mortgage eligibility is a decisive factor. Banks typically require that no significant contamination risks exist when determining the mortgage value. If there is an entry in the contaminated sites registry or if there is reasonable suspicion of contamination, banks will significantly reduce the mortgage lending value or refuse financing entirely until a risk assessment or remediation has been completed. This can result in a purchase agreement, which is subject to the condition of financing approval, falling through if contamination is discovered later.

We recommend that buyers in Nuremberg always obtain the contaminated site report before signing the purchase agreement and share the results with the financing bank. This is the only way to ensure that the financing commitment takes the actual property risk into account. In some cases, a right of withdrawal can also be included in the purchase agreement in the event that an ongoing risk assessment leads to a remediation obligation-a clause that buyers should definitely seek for properties suspected of having contaminated sites.

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