Production and use of recycling building materials

General information

The Recycling Building Material Ordinance regulates the production and use of recycling building materials.

Recycling materials as natural or recycled aggregate or as industrially produced aggregate as steel slag must exclusively be produced from waste that is listed in Annex 1, table 1 of the ordinance. This waste must be as free as possible from the contaminants listed in the ordinance (e.g. asbestos or mineral oil).

The manufacturer of recycling materials must check the suitability of the waste for the production of recycling building material as part of the incoming goods inspection. The waste must be checked for unlawful mixtures, unlawful waste or contaminants.

Recycling building materials must comply with the limit values as per Annex 2, on the basis of the quality assurance system as per Annex 3. Chemical analyses as part of the quality assurance are to be carried out by an accredited conformity assessment body.

Recycling building materials must be assigned to the relevant quality class and must comply with the structural engineering requirements in accordance with the state of the art.

A recycling building material must also correspond to the provisions of the EU Building Products Directive.

Recycling building materials are partially restricted in their application area. Depending on the quality class, the areas of application are limited or there are prohibitions on use for example in water conservation areas.

Recycling building material of the best quality class (quality class U-A) lose their waste characteristic when they are handed over to a third party by their manufacturer.

The manufacturer of a recycling building material of quality class U-A must issue a declaration of conformity about the implementation of quality assurance and compliance with the tolerance limits of quality class U-A and hand over a copy of this declaration of conformity to the transferee of the recycling building material product.

Enterprises affected

• Operators of facilities in which recycling building materials are produced.
• Building contractors who manufacture recycling building materials for their own use
• Building contractors who use recycling building materials

Competent authority

For checking the manufacture of the recycling building materials: the district administrative authority in whose jurisdiction the activity is performed.

• The District Authority ^{German text}
• in Chartered Cities^{German text}: the Municipal Administration ^{German text}
• In Vienna: MA (Municipal Department) 22 (→ City of Vienna) ^{German text}

For reporting the manufacture of recycling building material products: the Federal Ministry for Climate Action, Environment, Energy, Mobility, Innovation and Technology (→ BMK)

Procedure

Prior to the first delivery of recycling building materials of quality class U-A to third parties, the manufacturer of recycling building materials must send a report to the Federal Ministry for Climate Action, Environment, Energy, Mobility, Innovation and Technology via the EDM portal: by copying the predefined text into the ‘Sonstige Tätigkeit’ (Other activity) field in the activity profile of the ZAReg master data register, these requirements can be met in one step.

Required documents

The requirements for quality assurance and documentation are specified in particular in Annex 3 of the Recycling-Baustoffverordnung.

Costs and fees

No fees or charges are payable.

Further information

The manufacturer of recycling building materials must document the type, quantity, origin and location of waste for the manufacture of recycling building materials as per the provisions of the Abfallbilanzverordnung (Waste Balance Sheet Ordinance) according to Annex 5 of the Recycling Building Material Ordinance and report them electronically.

Further Links

• Federal Ministry for Climate Action, Environment, Energy, Mobility, Innovation and Technology (→ BMK)
• EDM portal (→ BMK) ^{German text}
• Central facilities register (ZAReg) (→ BMK) ^{German text}

Legal bases

• Sections 5, 16 para. 7 of the Abfallwirtschaftsgesetz AWG 2002
• Recycling-Baustoffverordnung
• Abfallbilanzverordnung
• EU Building Products Directive

Expert information

No expert information is available.