Check explosive ordnance before buying land

Kampfmittelverdacht is a separate construction risk

Kampfmittel means bombs, grenades, ammunition parts and other military remnants that may remain in or be recovered from the ground. A confirmed object is not the only relevant issue. An official suspicion can already affect earthworks, the construction programme and financing. Historical land use, aerial photographs, combat activity, earlier clearance and later fill are assessed differently. A sales brochure saying that the property has never caused problems is therefore not a Kampfmittelfreiheit, a clearance finding. Before buying, establish which office assessed the area, which sources support the assessment and whether it covers only the previous condition or also the planned building area. The Zuständigkeitsordnung des Grundgesetzes, the Basic Law allocation of competence explains why the procedure is organised under state law. The municipality may receive the request while the specialist office assesses the danger; local by-laws and procedure can add further steps. No single clearance procedure applies across all states.

State service, public-order office and municipality

Kampfmittelbeseitigung, explosive ordnance disposal, is a public-safety task. In practice, the local Ordnungsbehörde, the Landesfachdienst, police and, where necessary, other security services share the work. The municipality or district often receives the application, but does not always make the technical assessment itself. The state service evaluates records, advises on technical investigation and, depending on the procedure, carries out recovery or destruction. Competence depends on the property's location and the way state law is implemented. The Grundgesetz provisions on war burdens do not amount to a promise that the state will pay in an individual case. State the purpose of the request and ask for forwarding if the receiving office does not decide the technical issue. The state table names the recorded services and shows where the first request can be made.

Map search and field investigation

A search of a card index, aerial-image archive or suspected-area map addresses the site’s recorded history. It shows whether the reviewed records contain indications of a possible burden. A field investigation examines the soil of the actual building area with a technical method. Depending on the ground and objective, the work may involve aerial-image analysis, magnetics, electromagnetic measurement, borehole detection, probing or controlled exposure. Methods have different ranges and exclusions. Services, reinforced concrete, fill, water and dense development can make measurement difficult. A negative map response therefore does not automatically replace the technical investigation required for the project. Conversely, a properly performed survey covers only the area and depth examined. The commission must describe the building area, foundation, service trenches, working space and planned excavation depth. The rules on administrative enforcement are not a search manual, but they show that official hazard prevention and private construction preparation remain different measures.

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Formulate the request before buying

A useful request includes the Gemarkung, Flurstück (cadastral parcel), site plan, owner or applicant, intended use and proposed ground intervention. For a house, mark the building area, basement, foundation, access, services, boreholes and fill. Ask whether the office means a file search, aerial-image analysis, technical investigation or clearance for specified works. Request the map basis used, spatial review area, validity for the planned project and the office to contact if an object is later found. A response without a Flurstück reference is difficult to use. Put the application, receipt confirmation and decision in the purchase file. The investigative principle in administrative procedure does not relieve the applicant of submitting the decisive facts and plans completely. The more exact the question, the less room remains for a misleading clearance statement.

Aerial images, records and historical use

Historical aerial images may show bomb craters, destroyed buildings, military installations or suspected areas already investigated. They do not alone prove that an object remains underground. Perspective, vegetation, shadow, poor resolution or later earthworks can lead to a wrong interpretation. Also review clearance files, reports, building files, combat maps, earlier surveys and information on fill. Every source needs a location and time reference. Later construction may have changed the ground so that the former surface is no longer recognisable. Earlier clearance may cover only a defined area or depth. Check whether the current building lies outside the investigated area. The reasoning of an administrative act is useful when the authority issues a formal decision; an informal map note does not carry the same meaning. The report should state its sources and their limits expressly.

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When the state pays and when the developer pays

The cost question must be separated by measure and legal basis. Public bodies may take over removal of an immediate danger, while private construction preparation, surveying, borehole detection, exposure, delay or special protection may fall to the party causing the work. Other allocations may follow from state law, an administrative agreement, ownership of the property, the origin of the ammunition or the project itself. The table therefore records both free and chargeable state-specific information and leaves unresolved cases open. A positive map response does not mean that every later investigation will be paid for. Before commissioning work, obtain written confirmation of which item the authority will handle, which the applicant must commission and whether a private company may work under the service's instructions. For North Rhine-Westphalia, the circular on cost allocation in Kampfmittelbeseitigung explains the distinction between state clearance and preparatory work. That rule must not be transferred to another state without checking it.

Build the result into the construction programme

The request belongs in the early planning phase because a suspicion can block several later decisions. The programme must allow time for the application, questions, file review, appointment of a specialist company, measurement, assessment, possible exposure and written documentation. A basement or deep excavation may require additional investigation even where a shallow survey was unremarkable. Access, crane positions, shoring, service construction and soil replacement may create further intervention areas. The developer should tie the clearance not merely to the house footprint but to the whole working area. The contracts with the planner and earthworks contractor should regulate the reporting route, work stoppage, protection and records. A notarial appointment before clarification makes cost allocation harder. The boundary of planning law under § 29 BauGB does not answer the explosive-ordnance question, but shows that planning, approval and public safety are separate review tracks. Start work only when the documents actually required for the project are available.

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What to do immediately after a find

If a suspicious object becomes visible on a site, stop earthworks and vibration in the affected area immediately. Do not touch, move, open, inspect from close range with a camera or expose the object with equipment. Keep people away, secure the area and contact the local Ordnungsbehörde or police. In an acute danger, call the emergency service. Describe the find only from a safe distance and tell responders about access routes, excavation and the danger area. Site management should record the time, work stage, companies present and last safe condition. A private clearance company must not begin recovery on its own. The competent office decides whether barriers, evacuation, investigation, defusing, removal or another measure is needed. § 1004 BGB and § 823 BGB cannot be used as immediate instructions for a find. Safety and official hazard prevention take priority.

Keep probing, exposure and clearance separate

The terms are often mixed in construction although they produce different results. Probing searches for anomalies or metal signals. Exposure carefully uncovers a suspected object and enables identification. Clearance removes a confirmed item through recovery, defusing, blasting, transport or destruction. A clearance confirms only the scope examined by the competent office and specialist company. It is not a general guarantee for every later earth movement. The bill of quantities should therefore state search area, depth range, method, documentation, handling of interference and proof of clearance. The developer should check the contractor's expertise, authorisation and obligation to follow the service's instructions. Construction monitoring may be required where the ground cannot be fully examined. The requirement that an administrative act be sufficiently specific explains why a clearance must state its spatial and subject-matter scope. For a purchase, the precise wording matters more than a short label in a covering letter.

Building permit and Kampfmittel notice

The building control authority may require information on suspected explosive ordnance where the project affects the ground or a specialist statement is needed. An approved building application is not automatically a Kampfmittelfreigabe, a clearance for explosive ordnance. Conversely, a specialist response does not replace the building plan. The site plan, earthworks, foundation and any statement from the Kampfmittelbeseitigungsdienst must align. If the building area changes, the previous evidence may be too narrow. In the Außenbereich, additional planning questions arise under § 35 BauGB. The local authority may also state when the investigation must exist before construction. Keep identical documents in the approval file and construction contract. Financing should specify whether the bank accepts an authority decision, specialist report or only a general response. A missing document cannot be replaced by saying that construction has already occurred nearby.

Notarial contract and allocation of risk

The explosive-ordnance question must be settled before the notarial signature because otherwise the contract carries an undefined cost and scheduling risk. Under § 311b BGB, a land purchase must be notarised. The draft should accurately state known authority notices, the status of the request, open investigations and intended use. If a decision is pending, the parties may agree a suspensive condition, right to withdraw, deadline for completion or specific cost allocation. The clause should identify who is applicant, who commissions the work, who owns the report and how a find is handled. A general exclusion of liability does not remove an official investigation requirement and does not make a wrong seller statement correct. Include attachments with file number and date. Any price reduction must be tested against expected costs and remaining uncertainty. The Bundesnotarkammer describes the notarial function; the individual allocation of risk remains a matter for the actual contract.

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Land register and document chain

A land-register extract shows private rights and encumbrances, not the complete historical use of the soil. A Kampfmittel notice may be in a building file, purchase contract, authority correspondence, contamination records or an earlier report. Collect documents with receipt date, Flurstück, site plan and the area examined. Under § 873 BGB and § 19 GBO, registration and consent serve a different function from a public-safety response. The financing bank may request additional evidence because a suspicion affects value, usability and construction progress. Ensure that a report does not refer only to a site plan changed in the current draft. The document chain should show whether each item is a search, technical survey, clearance or removal record. If the original decision is missing, ask the issuing office for a certified copy or new response. A screenshot without source and map version is not enough for a purchase decision.

Decision before notarisation

Before notarisation, answer three separate questions: which office is competent, what investigation does the planned project require, and who pays each cost item? Then bring the results together in a short decision note. It should identify Flurstück and building area, historical sources, authority status, required technical work, open deadlines and the contractual consequence. A map response with an unclear review area remains an open item. Technical clearance for the house does not automatically cover a later garage or service trench. If an object is found, the purchase process must also allow a safe interruption and report to the authority. The hearing in administrative procedure may matter for an adverse decision, but it does not replace construction planning. A notary can record declarations, not perform explosive-ordnance testing. Base the purchase decision on original documents and a clear allocation of competence.

Clarify the explosive-ordnance risk before buying. A land analysis organises authority letters, the building area and open costs.

State offices and cost information

The table names the recorded Kampfmittelbeseitigungsdienst for each state, special procedure notes and the associated legal basis. The entries are not blanket clearance for a particular Flurstück. Before buying, ask the locally competent office with a site plan and the planned earthworks. Check whether an entry describes a map response, survey, clearance or only competence. Cost information from one state must not be transferred to another. If state law names the municipality as the first contact, the specialist review of the actual building area remains separate. Record the response, file number and review area so the report later matches the notarial contract and construction programme. Keep the response with the site plan used.

Establish clarity before signing. A land analysis makes explosive-ordnance conditions and cost questions traceable.

Sources and editorial status of the explosive-ordnance review

The framework includes Art. 30 and Art. 120 GG, §§ 1004, 823 and 311b BGB, §§ 873 BGB and 19 GBO, and §§ 29 and 35 BauGB. Administrative procedure is addressed by §§ 24, 28, 37 and 39 VwVfG. The circular on cost allocation in Kampfmittelbeseitigung is an example of state-specific cost rules. The table follows the recorded state information. Status: 7 August 2026. The sources establish the legal framework, authority competence and selected cost rules. They do not replace a Flurstück-specific response or technical clearance. Fees, competence and procedure may change; check the current original source before applying. Where there is doubt, involve the competent authority again. The status concerns the editorial review. An individual administrative decision remains decisive for the project. General information, not legal advice.

Ordnance is one of several ground risks that belong in the same file: the soil survey and foundation report, contaminated land, land that is expected to become building land, the hereditary building right.