Skip to content Construction projects in Germany are subject to a structured occupational health and safety framework. One of its main requirements is the Vorankündigung, commonly translated as a prior notice or preannouncement of a construction project. This obligation is regulated by the German Construction Site Ordinance (Baustellenverordnung – BaustellV).
The prior notice applies to construction sites where a construction project is carried out. Under the BaustellV, this includes projects involving the construction, alteration, or demolition of one or more physical structures.
It is important to distinguish the prior notice from other compliance obligations that may apply to foreign companies. The Vorankündigung is not a posting notification, but rather a site-specific occupational safety and health obligation intended to ensure that the competent authority receives advance information about larger construction projects.
For foreign contractors posting workers to Germany, this distinction is particularly relevant. Depending on the activity performed and the project’s structure, companies may need to comply with both posting-related obligations and construction-site safety requirements.
When a prior notice becomes mandatory
A prior notice must be submitted where one of the following conditions is met:
- The work is expected to last more than 30 working days and more than 20 employees are expected to work simultaneously on the construction site; or
- The estimated volume of work exceeds 500 person-days.
The two conditions are alternative. Therefore, a construction project does not need to meet both thresholds in order to trigger the obligation.
The first criterion combines the expected duration of the works with the maximum number of workers simultaneously present on site. The second criterion concerns the total labour volume required for the project.
A person-day generally corresponds to one person working for one day. For example, a project involving 25 workers for 21 working days would amount to more than 500 person-days. Consequently, even where a project does not involve more than 20 workers at the same time for over 30 working days, the prior notice may still be mandatory due to the total volume of work.
The assessment should be carried out before the construction site is set up and should consider the overall project, rather than only the workforce of a single contractor. This is particularly important where several contractors, subcontractors or specialised companies are involved.
Who is responsible for the submission
The primary responsibility lies with the client/ project owner (Bauherr), who may appoint a third party to perform the relevant obligations under its own responsibility.
Where employees of more than one employer are expected to work on the construction site, the client or the appointed third party must appoint one or more suitable coordinators. The client or the appointed third party may perform the coordinator’s duties themselves, provided that they are suitable for the role.
The coordinator’s duties are divided between the planning and execution phases:
- During planning, the coordinator must coordinate health and safety measures, ensure that a safety and health plan is prepared, and compile relevant safety and health information for future work on physical structures.
- During project execution, the coordinator must promote cooperation between employers, ensure compliance with safety obligations, update the safety and health plan when substantial changes occur, and verify the correct implementation of working procedures.
Deadline and competent authority
The prior notice must be submitted to the competent authority no later than two weeks before the construction site is set up.
The competent authority must be identified in accordance with the administrative arrangements applicable in the German federal state where the construction site is located.
The prior notice must also be clearly displayed on the construction site. Submission to the competent authority is therefore not sufficient on its own. The notice must be kept clearly visible for the duration of the works and updated where substantial changes occur.
Information to be included
Annex I to the BaustellV specifies the details that must be included in the prior notice:
- Location of the construction site;
- Client’s name and address;
- Type of project;
- Name and address of any third party responsible on behalf of the client;
- Name and address of the safety and health coordinator;
- Planned start date and duration of the work;
- Estimated maximum number of workers expected on site;
- Estimated number of employers and self-employed contractors on the construction site;
- Details of employers and self-employed contractors already selected.
Related obligations
The obligation to submit a prior notice is linked to the obligation to prepare a safety and health plan (Sicherheits- und Gesundheitsschutzplan or SiGe-Plan), which identifies the health and safety provisions applicable to the specific construction site and includes measures addressing the risks involved.
A SiGe-Plan must be prepared before the construction site is set up where employees of several employers will work on a construction site requiring a prior notice. It is also required where employees of several employers are expected to work on a construction site involving particular risks listed in Annex II:
- work involving particular risks of falling from a height, burial in excavation work, or sinking in marshland;
- work involving hazardous substances or biological agents;
- work near high-voltage power lines;
- work involving a risk of drowning;
- work in wells, underground earthworks or tunnels, diving work, or work in compressed-air chambers;
- work involving explosives;
- assembly or dismantling of heavy prefabricated components.
Consequences of non-compliance
Failure to submit a prior notice, late submission, or the submission of incorrect or incomplete information may constitute an administrative offence.
The same applies where a required safety and health plan is not prepared before the construction site is set up.
Where intentional non-compliance endangers a worker’s life or health, criminal consequences may also arise under the German Occupational Safety and Health Act.
Conclusion
For larger construction projects in Germany, the Vorankündigung is a central planning requirement rather than a simple administrative formality.
Foreign companies involved in construction projects in Germany should therefore assess the prior-notice, coordination and safety-planning requirements well before work begins.
Proper planning, together with effective health and safety coordination and, where required, a site-specific SiGe-Plan, helps ensure a compliant and safer construction project in Germany.