Term ‘Material’ in the Legal Context
The term ‘material’ holds a central significance in the legal field and is applied in many areas of law in various ways. A precise definition and legal classification of material is essential, as both rights and obligations may arise from its use, ownership, or transfer. The following provides a comprehensive overview of the different legal aspects of the term ‘material.’
Legal Definition and Classification
General Definition
In legal terms, ‘material’ refers to any tangible thing that is used as a working material, raw material, commodity, or operational resource. Crucial here is its physical perceptibility and distinction from intangible goods. Materials may be intended for processing, use, or consumption. The term covers both individual items and mass products, regardless of their state of aggregation.
Distinction from Other Legal Terms
The legal distinction is made in particular with respect to the term ‘goods,’ which is used in commercial and contract law, as well as with ‘tools’ in labor law and ‘raw materials’ in environmental and energy law. In a broader sense, however, all these terms may be considered subcategories of material if they are used or traded as physical objects.
Material in Property Law
Ownership and Possession of Material
Within property law, the provisions of the German Civil Code (BGB) apply to all materials, provided they are movable items. Acquisition of ownership typically occurs through transfer and agreement (transfer of title pursuant to §§ 929 et seq. BGB). Possession of material is defined by actual control over the item (cf. § 854 BGB). Special provisions apply to materials that, after processing (‘processing’ per § 950 BGB), become new items or are mixed (§ 948 BGB).
Transfer of Ownership as Security and Custody
Materials may be transferred for the purpose of securing claims, for example in the context of a transfer of ownership by way of security. In case of custody, the relevant provisions of §§ 688 et seq. BGB apply, whereby the custodial relationship is aimed at the safeguarding of the material.
Material in Contract Law
Sales and Service Contracts
Material is the subject of numerous types of contracts:
- Sales contract (§§ 433 et seq. BGB): Materials are often bought and sold as goods. Decisive here are freedom from defects and compliance with the contractually agreed characteristics.
- Service contract (§§ 631 et seq. BGB): Often material is supplied (‘supplied material’), which may give rise to inspection duties and questions of liability.
- Loan and Lease Contract: The temporary transfer of material is also legally relevant (§§ 598 et seq., §§ 535 et seq. BGB), especially with regard to use, maintenance, and return obligations.
Liability for Defects and Guarantee
The rights in case of defective materials are governed by statutory warranty law. In the event of material defects, subsequent performance, withdrawal, reduction, and damages may be applicable (§§ 437 et seq. BGB). Proper storage and handling of material are often contractually regulated.
Material in Environmental and Hazardous Substances Law
Environmental Law Provisions
Materials are subject to numerous requirements under environmental law, especially when classified as raw materials, waste, or hazardous substances. The Circular Economy Act (KrWG), for example, regulates the handling, recycling, and disposal of material in the form of waste.
Hazardous Substances and Occupational Safety
According to the Hazardous Substances Ordinance (GefStoffV) and the Chemicals Act (ChemG), special obligations apply in the handling of hazardous materials. This particularly concerns storage, transport, labeling, and disposal. Extensive documentation and reporting requirements are applicable.
Material in Public Procurement Law
Definition in Procurement Law
In public procurement law, specific definitions for material apply. In particular, in connection with supply contracts and procurement agreements, materials are understood as items that must be procured, delivered, or manufactured.
Selection and Evaluation Procedures
The selection of material in the public sector is subject to strict requirements, particularly regarding environmental compatibility, quality, and cost-effectiveness. To protect competition, minimum standards for materials are established and documented.
Physical Evidence in Civil and Criminal Proceedings
Significance as Evidence
Material can serve as ‘physical evidence’ in legal proceedings. This includes items of evidence in civil litigation (§ 371 et seq. ZPO) as well as in criminal proceedings (§ 94 StPO: securing and seizure of objects). The evidential value of material depends on its authenticity, integrity, and proper handling.
Material in Customs and Foreign Trade Law
Import, Export, Trade Restrictions
Materials are often subject to customs regulations. In particular, provisions of the Foreign Trade and Payments Act (AWG) and the EU Dual-Use Regulation apply to security-relevant, dangerous, or sensitive materials (e.g., dual-use goods). This concerns controls, licensing requirements, and documentation obligations.
Tax Treatment of Material
Valuation, Depreciation, Recording
In tax law, material is part of business assets. The decisive provision for valuation is § 6 EStG. The distinction between material, inventory, fixed assets, or low-value assets is crucial for depreciation rules and tax recording.
Copyright and Patent Law Aspects of Material
Protection of Material Designs
Certain materials, especially those with a distinctive design or technical function, may benefit from copyright or patent protection. Here, §§ 1 PatG, as well as the Utility Model Act and the Design Act, are relevant, provided the material represents an independent intellectual creation or technical innovation.
Summary
The term ‘material’ in law is a collective designation for all tangible objects that can establish a legal point of reference. A wide range of statutory provisions govern the rights and obligations regarding the acquisition, use, handling, and disposal of material. The precise legal assessment always depends on the respective area of application and the specific circumstances of the individual case.
This article provides a comprehensive overview of the term material in the legal context, including all relevant areas of law and applicable regulations.
Frequently Asked Questions
What legal requirements must materials used in construction projects meet?
In construction projects in Germany, the materials used must comply with a wide range of legal requirements. The basis is the building regulations of the federal states as well as the Model Building Code (MBO), which, among other things, stipulate that only building products suitable for the intended purpose and that ensure the safety of life, health, and the environment may be used. The European Construction Products Regulation (EU-CPR) further requires that building products bear a CE marking if they conform to harmonized European standards. Material selection must also comply with public law requirements, such as the Energy Saving Ordinance (EnEV) or the Building Energy Act (GEG), as well as requirements under environmental law, for example to protect against harmful substances (Chemicals Act, Hazardous Substances Ordinance). In the context of procurement procedures for public construction contracts, special rules regarding the sustainability and environmental compatibility of materials apply pursuant to the Act Against Restraints of Competition (GWB) and the Procurement Regulation (VgV). Builders and users are required to keep the necessary evidence and documentation (performance declarations, test certificates, approvals) and present them to authorities upon request.
What liability risks exist when using unauthorized or defective materials?
The use of unauthorized or defective materials in construction entails significant liability risks from both civil and criminal perspectives. Defects in buildings may result in claims for damages under §§ 634 et seq. BGB (contract for work and services law). The builder has the right to rectification of defects, substitute performance, reduction, or withdrawal, and claims for damages may arise. If it can be proven that building regulations or approval requirements were intentionally violated, this may also have criminal relevance, such as negligent bodily injury (§ 229 StGB) or endangering buildings (§ 319 StGB) if human lives are put at risk. Fines may also be imposed by building authorities and further use of the building may be prohibited. Architects and site managers may also face professional disciplinary action if they fail to meet their control and supervision obligations.
When is a general construction approval (abZ) or a European Technical Assessment (ETA) for materials required?
A general construction approval (abZ) is required whenever construction products are used for which there are no harmonized European standards (hEN) and which therefore cannot bear a CE marking under the CPR. The abZ is issued by the German Institute for Building Technology (DIBt) and certifies that the product is suitable for the intended use under building regulations. Alternatively, a European Technical Assessment (ETA) may be obtained to demonstrate a construction product’s compliance with the basic requirements of the EU-CPR. In both cases, manufacturers and users must ensure that the relevant certificates are available and that the permissible application areas and conditions of use are strictly observed during construction. If a required approval or assessment is not available, the materials may not be used, as this otherwise can result in serious legal consequences for all parties involved.
What documentation and verification obligations exist regarding material selection?
Pursuant to § 16 of the Model Building Code and the respective state building codes, there is a comprehensive obligation to document and provide evidence of the materials used. The building owner, planner, and executing companies must collect, systematically archive, and retain all relevant documents (e.g., specifications, product certificates, test reports, approvals, technical data sheets) for at least ten years. During construction supervision, it must be ensured that only previously tested and approved materials are installed. At the final building inspection, these documents must be presented to the building authority upon request. Incomplete or incorrect documentation can lead to subsequent requirements, usage prohibitions, or fines. For public construction projects, extended archiving obligations may also apply under the Procurement and Contract Regulations for Construction Works (VOB).
To what extent is the recyclability or environmental compatibility of materials required by law?
The use of building products is increasingly subject to environmental requirements at both the national and European levels. The Circular Economy Act (KrWG) and the European Construction Products Regulation require the promotion of resource-saving, recyclable materials and permit only products that do not release hazardous substances into the environment, to protect people and the environment. In public procurement, the Clean Vehicle Procurement Act and the VgV expressly require sustainability aspects to be taken into account when selecting materials. For certain construction projects—such as under the Building Energy Act (GEG) or the Energy Saving Ordinance (EnEV)—there are specific requirements regarding the energy efficiency and environmental compatibility of used products. Extensive rules regarding the separation and recycling of construction waste must also be observed to close material cycles.
What role do certifications (e.g., CE marking, Ü-mark) play from a legal perspective?
Certifications, such as CE marking under the European Construction Products Regulation or the conformity mark (Ü-mark) under German law, document compliance with the legal minimum requirements for building products. The CE marking demonstrates that the material meets the relevant European standards and fulfills the basic requirements for health, safety, and environmental protection. For building products not covered by a harmonized standard, the Ü-mark may be mandatory under national law. The absence of a required mark constitutes a significant liability risk; products lacking approval or marking must not be used in construction. Building supervision authorities may check for this, and violations can lead to legal consequences (e.g., discontinuation of the construction project, fines, damages). Manufacturers, traders, and users are obliged to keep this evidence complete and accurate.
In which cases is the use of used or recycled materials legally permitted?
The use of used or recycled materials in construction is generally permitted, provided they meet all applicable legal requirements, particularly regarding functionality, safety, and environmental compatibility. This means that technical specifications, analysis certificates, and if necessary, building authority approvals must also be available for used and recycled materials. According to the requirements of the Circular Economy Act and the Substitute Building Materials Ordinance (EBV), such materials may only be installed if they do not release harmful substances and meet the requirements for their intended use. In public construction projects, the specifications of procurement law regarding quality and environmental protection must also be observed. If the necessary evidence is not available or there is uncertainty about the origin and characteristics of used material, its use is legally prohibited.
