Soil protection law

Of particular importance are the Federal Soil Protection Act and the Federal Soil Protection Ordinance. In addition, further relevant provisions can be found in numerous other sectoral laws. The following remarks provide an initial, though not exhaustive, overview.

Federal Soil Protection Act and Federal Soil Protection Ordinance

The purpose of the Act is to maintain or restore soil functions in a sustainable manner. Threats to the soil are to be avoided, and past contaminations of soil sites are to be remediated. Furthermore, precautionary measures are also required.

The Federal Soil Protection Act of 17 March 1998 (BBodSchG) generally applies only insofar as other Acts – such as the Fertiliser Act or building regulations – do not regulate impacts on the soil. Those acts are listed in Section 3 of the BBodSchG. However, according to several judgements of the Federal Administrative Court, the substantive requirements of BBodSchG and the BBodSchV have to be taken into account when enforcing these other laws. These requirements are set out in the Federal Soil Protection Ordinance (BBodSchV) of 12 July 1999, which was amended in 2021 (the amendments coming into force on 1 August 2023), in particular through the precautionary, trigger and action values (Vorsorge-, Prüf- und Maßnahmenwerte).

The focus of the BBodSchG is on remedial soil protection. The sequence of assessments and decision-making as well as the respective criteria are precisely regulated in the BBodSchG and the BBodSchV. The BBodSchG and BBodSchV also contain obligations relating to precautionary measures. In that regard, the establishment of precautionary values as well as requirements for the introduction and use of materials to the soil are of particular importance. Persuant to Section 17 of the BBodSchG, the principles of good practice in agricultural land use must be complied with. This is to be ensured through agricultural advisory services provided by the competent authorities of the federal states (Länder). The Federal Soil Protection Act does not provide for a corresponding power to issue mandatory administrative orders by the soil protection authorities. 

In many cases, the federal states have enacted their own soil protection laws to clarify and implement the BBodSchG and the BBodSchV.

In 2022, the Federal Ministry for the Environment published a ‘Key Issues Paper on an Amendment to National Soil Protection Legislation’, which highlights shortcomings in the BBodSchG and sets out possible solutions. As part of a RefoPlan project (running from 2022 to 2026), these shortcomings were analysed in greater depth and solutions were developed. In addition, a concrete legislative proposal for the revision of the Federal Soil Protection Act, together with explanatory notes, was submitted. 

Building Law/Spatial Planning Law

Regulations relevant to soil protection also arise from building and spatial planning law. According to Section 1a (2) of the Building Law, ‘land […] must be treated with care and used sparingly’. These principles must be taken into account, in particular, in urban land-use planning. Spatial planning law contains provisions on overall planning and thus on the use of land. The relevant provisions at federal level are set out in the Spatial Planning Act. At state level, there are corresponding state laws.

Waste management and Circular Economy Act, Sewage Sludge Ordinance and Biowaste Ordinance

Also of significance are the waste management provisions of the Waste Management and Circular Economy Act of 24 February 2012, which came into force on 1 June 2012. Furthermore, the Sewage Sludge Ordinance and the Bio-waste Ordinance are relevant. The waste management regulations contain, in particular, requirements for the environmentally sound recovery and disposal of from waste.

Ordinance on Substitute Construction Materials

The Ordinance on Substitute Construction Materials governs the use of mineral substitute construction materials in new infrastructure projects such as roads. The ordinance entails first time a uniform, nationwide regulation governing the recovery and use of mineral waste as substitute construction materials. Requirements relating to groundwater and soil protection when using substitute construction materials are set out in detail. The UBA is supporting the evaluation of the Substitute Construction Materials Ordinance with its own research project.

Nature Conservation Law

Under the Federal Nature Conservation Act (BNatSchG), interventions in nature and the landscape must either be avoided or, at the very least, compensated for. Under Section 15(7) of the BNatSchG, requirements for the compensation of such interventions may be laid down in a statutory instrument. The details are set out in the Federal Compensation Ordinance. The federal states have also enacted their own compensation regulations.

In December 2025, the European Directive on Soil Monitoring and Soil Resilience (Soil Monitoring Act) came into force. This marks the first time the adoption of an Europe-wide framework for soil protection. The EU Soil Monitoring Act is one of the key measures of the 2021 EU Soil Strategie. .

The aim is for all soils in the European Union to be in a healthy status by 2050 and for this status to be maintained. The three main strands of the EU Soil Monitoring Act are

•    systematic soil monitoring, including the assessment of soil conditions,

•    measures for sustainable soil management, and

•    a risk-based and stepwise approach to managing contaminated sites.

The EU Soil Monitoring Directive must be transposed into national law within three years of its entry into force. 

Provisions relevant to soil protection are also contained in the Nature Restoration Regulation , the Industrial Emissions Directive (IED) , the Waste Framework Directive  and the REACH Regulation . The IED obliges the operator of an industrial installation to draw up a report on the status of the soil and groundwater before commencing industrial operations. Once operations have ceased, an assessment must be carried out by the operator to determine whether the conditions have been deteriorated significantly. If this is the case, the operator must restore the site to its original status. This provision provides a significant – legal and economic - incentive to prevent new degradations of soils.

Essentially, three international conventions set out relevant provisions for soil protection. These are the 1994 Convention to Combat Desertification, the 1992 Convention on Biological Diversity and the 1992 United Nations Framework Convention on Climate Change. The main objectives of the Desertification Convention are to combat desertification and mitigate the effects of drought. The Convention on Biological Diversity aims to conserve and sustainably use of biological diversity. Biological diversity includes also terrestrial ecosystems. The United Nations Framework Convention on Climate Change contains provisions on mitigation and adaptation measures, which also cover the storage and sinks of greenhouse gases in soils. Finally, in the context of regional international law, the Protocol on Soil Protection implementing the 1991 Alpine Convention should be mentioned. For further information, see here.

Soil protection law worldwide

The importance of soil protection and soil protection law is increasingly coming to the fore in social and political awareness. Details on national and regional developments in soil protection law can be found in the seven volumes of the ‘International Yearbook of Soil Law and Policy’ . The Food and Agriculture Organisation (FAO) has launched the ‘SoiLEX’ database, which contains soil-related legal acts from many countries.