Germany is facing a looming crisis in waste disposal, with landfill capacities dwindling and the number of operational landfills rapidly decreasing. According to data from the Federal Statistical Office, more than half of the 1,001 landfills still in operation in 2022 will reach the end of their intended operational life by 2032, reducing landfill capacity by nearly a third to around 300 million cubic meters. This potential crisis is causing particular concern in the construction industry, which generates more than half of Germany’s waste.
Adding to these concerns is the Construction Materials Substitution Ordinance (EBV), which has been in effect for a year and aims to promote the recycling and reuse of construction debris and excavated soil. However, the combination of these new rules with stricter soil protection regulations may have had the opposite effect of what was intended.
New regulations under fire
A survey conducted by four construction and recycling associations among their member companies revealed that only 5% of the 156 companies surveyed reported an increase in recycling of construction debris and excavated soil since the ordinance took effect. Meanwhile, 52% saw no change, and 42% said that less material was being recycled for reuse than before. Andreas Pocha, Managing Director of the German Demolition Association, stated, “Due to a lack of recycling opportunities, such as in road and civil engineering, disposal in landfills often remains the only option.”
The demand for recycled construction materials has also decreased, as many builders—including public authorities—continue to prefer primary construction materials. Felix Pakleppa, Chief Executive Officer of the Central Association of the German Construction Industry (ZDB), which represents medium-sized construction companies, criticized the ordinance: “States and municipalities must take a stand and commit to building with recycled materials. The Construction Materials Substitution Ordinance is on the brink of failure.”
Tim-Oliver Müller, Chief Executive Officer of the German Construction Industry Association, which represents large construction companies, echoed these concerns. “Instead of promoting a circular economy in construction, a year after the ordinance came into force, less recycling is being done, more raw materials are being sent to landfills, and costs have increased for everyone,” he said.
Complex regulations and inadequate guidance
The regulations of the Construction Materials Substitution Ordinance are also seen as extraordinarily complex. “Authorities are often poorly informed and rarely able to assist with the implementation of EBV requirements,” said Katrin Mees, Managing Director of the Federal Association of Recycled Construction Materials.
The landfill problem is expected to worsen in the coming years, particularly in states with high construction activity and limited landfill capacity, such as Bavaria and Hesse. Andreas Pocha of the German Demolition Association noted that the availability of suitable landfills in these regions has been a bottleneck for years. The situation in Bavaria is especially tense, according to the ZDB.
As the number of landfills in Germany decreases, transportation distances for disposal increase. In Bavaria, there are complaints that construction waste sometimes has to be transported as far as Thuringia for disposal.
65 million tons of waste sent to landfills annually
Germany produces around 400 million tons of waste each year, slightly less than at the end of the last decade, partly due to the current economic downturn, which has also reduced construction waste. While most of the 399 million tons of waste produced in 2022 were recycled or otherwise recovered, 65 million tons ended up in landfills. Data for 2023 is not yet available.
The issue of landfill capacity is not new and has been a topic of discussion among experts for years. Two decades ago, over 2,000 landfills with 668 million cubic meters of remaining volume were in operation across Germany. By 2032, less than a quarter of these landfills are expected to still be available. A series of landfills was prematurely closed in 2005 due to stricter environmental regulations, as explained by the Federal Ministry for the Environment.
Federal Environment Ministry denies increased landfill use
If the Construction Materials Substitution Ordinance indeed reduces the recycling rate of construction waste, it would accelerate the depletion of remaining landfill capacities. However, the Federal Ministry for the Environment has responded to the criticism, stating, “We have no concrete evidence so far that the two ordinances have led to an increase in the disposal of recyclable construction waste.” The first evaluation of the Construction Materials Substitution Ordinance is scheduled for August 2025.
Waste management law falls under the jurisdiction of the federal states, and state governments are therefore responsible for planning replacement capacities, not the federal government. However, the construction and recycling industries believe that many states are falling short in this area.
Local opposition to landfills
Landfills are naturally unpopular, and the German Construction Industry Association noted, “States are increasingly facing opposition to landfills at the municipal level. Since new landfills are politically challenging to implement, both the federal and state governments must actively address this issue with nationwide relevance. A federal-state landfill strategy is required.”
If a landfill crisis were to occur, it would become a national issue that would not be confined to the states. “At the moment, we have no indications that landfill capacities for waste disposal in Germany will be insufficient in the medium term,” said the Federal Ministry for the Environment.
Meanwhile, the Federal Environment Agency is conducting a research project on waste disposal technology, including an assessment of landfill capacities. The first results are expected to be published in 2025.
