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New Building Regulation in Northrhine-Westphalia

On 01.11.2017, the new >> Landesbauordnung (BauO NRW, Building Regulation) for Northrhine-Westphalia has been in parts openly published. Publication of all paragraphs is planned for 28.12.2017. Aim of the state government of NRW with the new BauO is a closer orientation to the >> Musterbauordnung (MBO, Model Building Code) of Germany.


Of particular interest are regulations for the usage of building products, which are defined in the BauO NRW, chapter 2. These regulations clarify, whether the line of the German government is followed to uphold the obstacles for the distribution of, according to German assessment, not wholly by the CE-Label covered building products, such as domestic ventilation units.


These additional obstacles are criticised by the EU, but the German government decided to maintain them as long as an EU-wide harmonisation of technical regulations for these products is not implemented.


As described in the >> article regarding the Musterverwaltungsvorschrift Technische Baubestimmungen (MVV TB, Administrative Provision Technical Building Regulations), domestic ventilation units are coming under the category of not totally EU-wide harmonised building products, meaning that characteristics of these units, which have to be examined, are not fully covered by the CE-Label.


Missing substantial characteristics are, according to the MBO:

  1. Fire behaviour
  2. Characteristic curve, minimum volume flow, leakage tightness, air quality (filters), safety equipment
  3. Energetic characteristics


In the relevant paragraphs §§ 17-25, the BauO NRW complies with the MBO, except for § 23, sentence 2 regarding regulations of approvals for building products to be implemented in historic buildings and monuments. The government in NRW seemingly works on reducing federal bureaucracy as well as obstacles for manufacturers, planners and craftsmen.


The BauO NRW demands, in accordance with the MBO and the MVV TB, that building product with not totally by the CE-Label covered substantial characteristics are only allowed to be installed in buildings and constructions, if they hold an additional evidence of usability. Such evidence can be, among others, a § 21 allgemeine bauaufsichtliche Zulassung (abZ, national technical approval), issued by the >> Deutsches Institut für Bautechnik (DIBt, Centre of Competence in Construction), or § 22 official test reports, as drafted by TZWL for domestic ventilation units in the process for national approvals according to DIBt.


In the understanding of TZWL, this means that for the usability of domestic ventilation units in the state of Northrhine-Westphalia the approval procedure of the DIBt continues to apply and thus independent examination of units have to be conducted by officially acknowledged test laboratories such as the TZWL.

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