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Technical evidence and protection objectives

📐 Topic6 min read

What you will learn Which certifications building regulations law requires, why it states protection objectives rather than construction requirements, how public law and contractual requirements differ, and what the scope of examination depends on.

Building regulations law requires a series of technical certifications for a project. They evidence that the building meets the statutory requirements.

Two features shape this field and are regularly overlooked. The requirements are stated as protection objectives, and the public law requirement is not the same as what is owed contractually.

The principal certifications

Certification Subject
Structural safety load capacity and serviceability of the structure
Fire safety the protection objectives of passive fire protection
Sound insulation protection from external and neighbouring noise
Thermal and energy performance requirements for new build and existing stock
Accessibility access and usability

Which certifications are required, who may prepare them and whether they are subject to third-party checking follows state law and additionally depends on the building class and special building status. The building class and any special-building status are further criteria.

The article on building classes covers classification, and the article on entitlement to submit covers the entitlements. The permissions are covered in the article on authorisation to submit building applications.

Building regulations law states objectives

The state codes generally prescribe not how to build but what objective must be achieved. That technique shapes the whole of building regulations law.

For fire safety the objective is in essence that the outbreak of fire and the spread of fire and smoke must be prevented, and that in the event of fire the rescue of people and animals and effective firefighting must be possible. Rescue of people and animals and effective firefighting must also remain possible.

That wording opens two routes, and they reach the same objective through different procedures.

Route Content Procedure
Meeting the specific requirements what the code and the introduced technical rules set out the standard route, without a separate application
A strategy achieving the objective otherwise the protection objective is reached by another means to be applied for as a deviation

For special buildings the second route is the norm, because the general requirements frequently do not suit their use. The fire safety strategy there takes the place of the standard certification.

Public law and contract diverge

This is the most consequential point in this branch. It explains why an approved building may nonetheless be defective.

Level Standard Purpose
Building regulations law minimum requirements prevention of danger, aimed at a minimum of safety and health
The contract the recognised rules of technology and, beyond that, the agreed characteristics both may exceed the public-law minimum

The difference emerges most clearly in sound insulation: observing the public law minimum does not exclude a contractual defect. The article on sound insulation covers the relationship.

The system of the recognised rules is covered in the article on recognised rules of technology. It also sets out when a DIN standard has that rank at all.

Scope of examination depends on the procedure

A certification may be required without being examined by the authority. Requirement and examination are two separate questions.

Situation Consequence
Certification required and officially examined official scrutiny
Certification required but not examined full responsibility of the parties
Certification not required requirements nonetheless apply

The second and third rows are the common ones and the risky ones. Removing the examination leaves the requirement untouched.

For practice management it follows that internal checking should be most thorough where the authority does not examine. The article on consent procedures covers the procedures.

The certifications interlock

One point matters both for design and for cost work. The certifications frequently concern the same elements.

A separating wall between two dwellings must meet both fire safety and sound insulation requirements. A floor construction concerns structural safety, fire safety, impact sound and possibly thermal performance.

It follows that the certifications must be pursued together rather than in sequence. A construction satisfying one and breaching another leads to redesign at a stage where it is expensive, because the detailed design already builds on it.

For cost work it means the governing requirement is always the strictest of those involved. An element is priced on the highest certification rather than on an average.

The three deeper articles in this branch

Deeper article Content
Fire safety evidence the protection objectives, the classification of materials and elements, and the link to the building class
Sound insulation evidence the minimum requirements, enhanced sound insulation and the contractual agreement
Accessible building design the duties under building regulations law and the relevant standards

This article reflects the position of the rules at the date of checking and serves professional orientation. It does not constitute legal advice and does not replace assessment of the individual case.

Frequently asked questions

The main ones cover structural stability, fire safety, sound and thermal protection. They interlock.

Objectives stated in building regulation law that can be met technically in several ways. They do not replace certificates.

No, the contract may demand more than public law. The article draws the line.

On the procedure chosen, which sets how far the authority checks. A reduced scope does not lower the requirements.

Explore the articles in this guide

German building regulations: a guide to design and consent