When is a construction fence mandatory?
In Germany, construction site safety is strictly regulated. A construction fence (Bauzaun) is required in the following situations:
- Construction sites on public roads or sidewalks
- Excavations deeper than 1 meter
- Demolition work
- Active construction sites with falling hazards
- Sites accessible to the public
- Private property with risk to passersby
- Near schools or kindergartens
- Storage of hazardous materials
- Renovation with external scaffolding
- Long-term construction projects
Legal basis in NRW
Construction site safety in North Rhine-Westphalia is governed by several legal frameworks:
| Regulation | Scope | Key requirements |
|---|---|---|
| BauO NRW Building Code NRW |
All construction projects | Site safety, fencing obligations, traffic safety |
| ArbStättV Workplace Ordinance |
Worker protection | Safety barriers, warning signs, access control |
| StVO Road Traffic Regulations |
Public roads | Warning signs, lighting, traffic guidance |
| BGV C22 Accident Prevention |
Construction companies | Fall protection, excavation safety |
BauO NRW § 11 - Construction Site Safety
"Construction sites must be secured in such a way that public safety and order, especially traffic, are not endangered and unauthorized persons cannot access the construction site."
Technical requirements and DIN standards
Construction fences must meet specific technical requirements to ensure adequate safety:
- Height: Minimum 2 meters
- Element width: Standard 3.5 meters
- Mesh size: Maximum 50x200mm
- Stability: Wind load rated
- DIN EN 13374 - Temporary edge protection systems
- DIN 4844 - Safety signs and markings
- DIN 68800 - Wood protection (for wooden fences)
- RAL-GZ 607 - Quality mark for mobile fences
Additional safety requirements
Lighting
Required at night on public areas
Warning signs
Construction site and danger signs
Gates
Lockable access points
Anchoring
Concrete feet or ground anchors
Responsibilities and liability
Understanding who is responsible for construction site safety is crucial for avoiding liability issues:
Building Owner
Primary responsibility for site safety, hiring qualified contractors, and ensuring compliance
General Contractor
Implementation of safety measures, daily supervision, and coordination with subcontractors
Site Manager
Monitoring fence integrity, reporting defects, and ensuring worker compliance
Important: Joint and Several Liability
In case of accidents, all responsible parties can be held liable. The building owner cannot fully transfer responsibility through contracts with contractors.
Penalties for non-compliance
Failing to properly secure a construction site can result in significant penalties:
| Violation | Possible consequences |
|---|---|
| Missing construction fence | Fine up to €50,000, construction stop order |
| Inadequate safety measures | Fine up to €25,000, mandatory improvements |
| Missing warning signs | Fine up to €10,000 |
| Accident due to negligence | Civil liability, criminal charges, prison sentence possible |
Insurance implications
Construction site liability insurance may deny claims if safety regulations were not followed. Always document your safety measures with photos and written records.
Checklist for construction site safety
Use this checklist to ensure your construction site meets all safety requirements:
Fencing
- Fence minimum 2 meters high
- No gaps larger than 50mm
- Stable anchoring with concrete feet
- Lockable gates installed
- Storm braces for exposed areas
Signage
- "Construction Site - No Entry" signs
- PPE requirement signs
- Emergency contact information
- Reflective strips for visibility
- Warning lights at night