VGB information: Administrative Provisions – Technical Building Rules (VV-TB) and Requirements on Constructions (ABuG) - what will change on October 16, 2016?

The CJEU judgement of 16 October 2014 against Germany regarding additional technical requirements for products according harmonised European products standard cause changes in the German building regulations.

The CJEU judgement of October 16, 2014 against Germany regarding additional technical requirements for products according harmonised European products standard cause changes in the German building regulations. Based on § 3 of the master building code (Musterbauordnung MBO) the "(master) Administrative Provision – Technical Building Rules" (Muster-Verwaltungsvorschrift Technische Baubestimmungen (VV-TB)) and the included "Requirements on constructions regarding impact on soil and water" (ABuG) specify requirements on constructions regarding environmental protection which by now were regulated in national technical approvals.

This information is to explain the background and to give guidance on how to handle the changes in the building regulations especially regarding the requirements for auto and third party control of construction materials.

Background

The European Court of Justice (CJEU) judged that Germany violates the European Construction Product Directive (89/106/EC) by additional requirements in the "List of Construction Products" (Bauregelliste) which impacts the entry into market and the use in Germany of construction products, although these products are according harmonised standards and CE marked respectively (CJEU judgement C-100/13 from October 16, 2014).
Germany has to change the administrative praxis in a period of 2 years. The period end on October 16, 2016.

Especially affected are construction products according harmonised European standards for which additional requirements in national technical approvals or national standards with remaining requirements exist. These are for example the national approvals regarding environmental compatibility for fly ash for concrete according DIN EN 450-1 or for bottom ash as lightweight aggregate according DIN EN 13055-1. The national approvals for these products have precautionary been extended and are valid by April 2020.

The competent committees of the Conference of Construction Ministers (Bauministerkonferenz) see a legally acceptable solution in addressing the national requirements to constructions (and no longer to construction products). These are i.a. given in the "Requirements on constructions regarding impact on soil and water" (ABuG). However, the additional requirements for constructions are in the final end addressed to construction products used in these constructions.

On May 2, 2016 the Conference of Construction Ministers have released the draft of an "Administrative Provision – Technical Building Rules" (VV-TB) with deadline for comments by May 27, 2016. The provision consists i.a. the requirements on construction (ABuG). The German Association for Reinforced Concrete (DAfStb), the International Technical Association for Generation and Storage of Power and Heat (VGB PowerTech) and the (trade) Association for Mineral By-Products (WIN) have objected to the provision.

On July 21, 2016 the notification procedure of the (master) "Administrative Provision – Technical Building Rules" (VV-TB) was started. (No of the EC: 2016/0376/D). The deadline for statements or comments will end October 24, 2016. .

What will change on 16. October 2016?

  • Based on the CJEU judgement the regulations of concerns are set out of force in the "List of Construction Product" (BRL) B Part 1 (additional requirements for construction products according harmonised product standards). Furthermore additional requirments which are no longer needed were deleted
  • National technical approvals for products according harmonised product standards with CE-mark will no longer be issued.
    Note: The deadline for requests of new approvals regarding BRL B Part 1 ended January 31, 2016.

Furthermore, (undependent of the date October 16, 2016) it should be noted:

  • The deadline for statements and comments to the "Administrative Provision – Technical Building Rules" (VV-TB) will end on October 24. Therefore, direct changes of the building regulation on October 16 are not possible.
  • The "List of Construction Product" (BRL) B Part 1 and the related links to the valid technical approvals will deleted as soon as the Administrative Provision – Technical Building Rules (VV-TB) will enter force. Entry into force is subject to introduction in the single provision of the countries (Landesbauordnung).
  • The ABuG defines requirements for constructions only. Details on type and number of the proofs are defined at different place. Due to this, the existing national approvals are further valid as a technical proof of the requirements.
  • "Until further notice, the assessment and test results upon which the national technical approvals (allgemeine bauaufsichtliche Zulassungen) are based may be used as qualified technical documentation for the evaluation of the fitness for use."(Additional statement of the DIBt on August 18, 2016)
    Note: When deleting the Ü-mark the delivery notes should refer to the nr of the national approval.
  • The additional requirements for recycled aggregates will be specified in DIN 4226-101 and DIN 4226-102 (under development). For the additional requirements for fly ash according DIN EN 450-1 and bottom ash according DIN EN 13055-1 a technical guideline of the German Association for Reinforced Concrete (DAfStb) is under development. The guideline will specify type and number of proofs in autocontrol and third party control as well as procedures with exceedings of threshholds of single values. After discussion with all stakeholders and notification the guideline will be cited in the "Administrative Provision – Technical Building Rules" (VV-TB).
  • The Basic Work Requirements regarding "Hygiene, Health and Environment" (BWR3) have to be implemented into the European Product Standards. As long as this is not the case the proofs can also be based on a European Technical Assessment (Art. 19, para 1 Construction Products Regulation).

Further details to the impacts of the CJEU judgement are available on the website of the Deutschen Instituts für Bautechnik (DIBt).