Pollution

Exposure to Hazardous Substances - Exposure to hazardous substances refers to the presence of substances that are harmful to health or pose a risk to the environment in building components, building materials, or the indoor air of a building. Typical hazardous substances found in existing buildings include asbestos, PCBs, PAHs, formaldehyde, wood preservatives, and heavy metals.

What pollutants are found in buildings?

The most common groups of pollutants in real estate can be distinguished by material and period of installation. Asbestos was used extensively in roof panels, facade cladding, floor coverings, and piping until it was banned in 1993. As long as asbestos-containing materials remain intact and bound, they pose no acute danger-however, carcinogenic fibers are released when they are processed, broken, or weathered.

Polychlorinated biphenyls (PCBs) are found primarily in joint sealants, capacitors, and ceiling panels from the 1960s through the 1980s. They off-gas over decades and accumulate in indoor air. Polycyclic aromatic hydrocarbons (PAHs) are found in tar-based parquet adhesives, roofing felt, and sealants. Formaldehyde often comes from particleboard, plywood, and adhesives and causes respiratory irritation. Wood preservatives such as pentachlorophenol (PCP) and lindane were used in roof trusses, half-timbered structures, and wood paneling until the 1990s. Heavy metals such as lead and chromium may be present in old paint systems and water pipes.

Obligations for Renovation and Demolition

Before any renovation or demolition, there is an obligation to conduct a hazardous substance survey. The Hazardous Substances Ordinance (GefStoffV) and the Technical Rules for Hazardous Substances (TRGS) establish binding limit values and occupational safety measures. Contaminated materials must be properly disposed of as hazardous waste-disposal via regular construction debris is prohibited and punishable by law.

Specialized companies for hazardous substance remediation must be specially qualified: For asbestos work, TRGS 519 imposes strict requirements on equipment (full-body protective suits, respiratory protection), work procedures (wet methods, no compressed air), and disposal (special big bags, approved landfills). The cost of professional asbestos removal ranges from €50 to €150 per square meter, depending on the quantity and type of material; for a complete roof renovation of a single-family home, this amounts to €15,000 to €50,000.

Duty to Disclose in Real Estate Sales

Anyone selling a property must disclose known contamination to prospective buyers. This stems from the pre-contractual duty to inform under Section 311(2) of the German Civil Code (BGB) in conjunction with Section 242 BGB (good faith). If the seller knowingly conceals a contamination-such as known asbestos use in the roof-the buyer may rescind the purchase contract on the grounds of fraudulent misrepresentation or claim damages. Even a warranty exclusion in the purchase contract is invalid in cases of fraudulent misrepresentation.

We therefore recommend that buyers commission a hazardous substance assessment before purchasing an older building. Depending on the scope, the costs range between 500 and 3,000 euros-a worthwhile investment compared to the potential remediation costs, which can quickly reach five figures for complete asbestos removals.

Hazardous Substance Registry and Contaminated Site Information

In addition to hazardous substances in building components, the soil of a property may also be contaminated-so-called contaminated sites resulting from previous commercial or industrial use. The responsible environmental agency or the lower soil protection authority maintains a contaminated site registry that provides information on past contamination. Before purchasing a property with a previous commercial use (gas station, chemical plant, dry cleaner, printing plant), you should always obtain information on contaminated sites from the relevant environmental agency.

Remediating contaminated soil is often significantly more expensive than removing contaminants from building materials: Contaminated soil often requires a complete soil replacement or technical containment, which can result in costs in the six- to seven-figure range.

Practical Tip for Nuremberg and Franconia

In the Nuremberg metropolitan region, there are numerous buildings from the 1950s to the 1980s that are statistically particularly prone to contamination. When purchasing row houses in neighborhoods such as Langwasser, Schweinau, or Eibach, as well as multi-family homes in Fürth and Erlangen, we generally recommend a hazardous substance analysis prior to purchase.

We can find accredited testing laboratories and experts for hazardous substances in buildings through the Nuremberg Chamber of Industry and Commerce (IHK) or the Chamber of Crafts for Middle Franconia. We are happy to assist you with the coordination. Especially for planned renovation projects (core renovation, roof replacement, removal of interior walls), a preliminary inspection is required by law and protects both the contractors performing the work and the future residents.

Frequently Asked Questions

How much does a hazardous substance inspection cost?

An initial indoor air quality measurement starts at around 200 to 400 euros. A comprehensive material inspection with sampling and laboratory analysis costs between 500 and 3,000 euros, depending on the building’s size and the number of samples. If there is a concrete suspicion of asbestos, a certified expert should always be commissioned.

Can you still buy a house contaminated with hazardous substances?

Yes, contamination does not necessarily mean that a purchase is out of the question. The key factors are whether the remediation costs can be estimated and whether the purchase price adequately accounts for the contamination. We recommend having a specialized company estimate the anticipated remediation costs before negotiating the purchase price.

Who is responsible for hazardous material remediation?

In principle, the owner is responsible for the removal of hazardous materials. If the contamination was fraudulently concealed at the time of purchase, the buyer may claim damages from the seller. In the case of rental apartments, the landlord must ensure a hazardous-material-free living environment-the costs cannot be passed on to the tenants as a modernization surcharge.

Which hazardous substances should be checked for in particular in buildings from which construction years?

A rough guide: Buildings built before 1970: Lead in water pipes (galvanized or lead pipes), lead-based paint. Buildings from 1960-1980: PCBs in joint compounds and ceiling panels, asbestos in facades, roofs, and floor coverings. Buildings from 1970-1990: Asbestos in night storage heaters, formaldehyde from particleboard, PCP and lindane in wood preservatives. Buildings up to 1993: Asbestos is generally suspected in all cladding and sealing materials. For any building constructed before 1993, we recommend a preliminary hazardous substance inspection before purchase or renovation.

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