For several years now, the building industry, planners and building contractors have been addressing questions of sustainability. The current focal points of sustainable constructing are energy efficiency and reduction of CO₂ emissions. Our efforts to preserve the resources and save energy are further intensified by EnEV 2009 (the German Energy Saving Regulation). For the environment and the eco-system the time has come for the legislator to act accordingly.

What about the protection of the individual though? Since, what is an energy efficient building good for, if exhaust fumes of toxic substances (which can be of entirely ecological origin) will affect the health of the inhabitants and users?
In the constitution of 1919, article 155, the Weimar Republic granted the right to "secure a healthy home for every German and all German families, especially the ones with many children, to ensure an appropriate private and economical home."

Ninety years later, this still remains unattended. The increasing air-tightness of newly built and energetically renovated buildings lead to a low air exchange rate, which, in combination with a number of pollutants in building products, lead to growing problems for residents and users.

Certain building materials are used to form certain surfaces in buildings and in a single home alone hundreds of square metres are layered by them. This cannot be without any effect on the people who reside in immediate proximity to these surfaces.

Aren't there any regulations with respect to indoor air?

While emergency plans become effective due to the increased ozone levels, contamination through carbon monoxide or particulate matter, legal regulations only exist for indoor air at work places.
Nevertheless, indoor air, the quality of which is influenced by building materials and their processing, is not an unlegislated area. For this the public authorities set a framework relevant to the courts.

Often, as soon as it comes to a court date, the damage is usually already too serious for all involved. The residents may have developed health impairments, in most cases, however, loss of use, and the involved contractors have to pay for the rectification of defects and/ or compensation.

Ways out of the trap

We recommend homeowners and investors to define and establish by contract the quality criteria for the individual living and working space before the start of construction. After completion, there can take place a check of the quality criteria by an independent institute. That way, all involved have a qualifiable and legally effective tool at hand.