Industrial dismantling in insolvency proceedings
Industrial dismantling in insolvency: liability, time pressure and realisation of the estate. A practical guide for insolvency administrators and custodians (Sachwalter).
Initial situation
The insolvency administrator is under considerable time pressure: the insolvency estate has to be secured and realised, while public-law obligations (hazard prevention, environmental law) must be complied with at the same time. Failures can result in personal liability.
Industrial sites in insolvency frequently show a backlog of deferred maintenance. Hazardous substances, dilapidated building fabric and unresolved contaminated-land situations make realisation more difficult and call for specialist expertise.
Realising plant components, machinery and materials can increase the insolvency estate considerably — provided that disassembly and sale are carried out professionally and in line with the market.
Communication with the authorities (immission control, environment, building inspectorate) requires experience in dealing with the respective areas of law and their deadlines.
Our solution
Rapid initial assessment of the site within 48 hours: site survey, hazardous-substance risks, securing requirements, first cost estimate for the estate.
Hazard prevention and securing measures: cordoning off, securing hazardous substances, duty to maintain public safety — before the actual dismantling begins. Avoidance of official orders and substitute performance by the authorities (Ersatzvornahme).
Optimised realisation: systematic identification and marketing of reusable plant components, machinery and materials. Scrap proceeds as an active contribution to increasing the estate.
Dismantling as main contractor: a single point of contact for the entire process — from hazardous-substance remediation through demolition to a development-ready site. Reduced interface risk for the insolvency administrator.
Authority management: we take over communication with the licensing and environmental authorities. Preparation of all required notifications, permit applications and records.
How we proceed
Initial assessment (48 hours)
Site walk-through, rapid hazardous-substance assessment, securing requirements, indicative costs for the estate. Result: a basis on which the insolvency administrator can decide.
Securing and realisation (weeks 1–4)
Hazard prevention, duty to maintain public safety, identification and marketing of realisable assets. In parallel: hazardous-substance surveys and permit applications.
Dismantling (months 2–6)
Hazardous-substance remediation, selective dismantling, disposal. Ongoing documentation and coordination with the insolvency administrator.
Handover (completion)
Site ready for construction, complete final documentation, mass balances, disposal records. The basis for realising or transferring the property.
Frequently asked questions
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Dipl.-Ing. Aleksandr Stepanov
Deputy Operations Manager & Project Manager
Refractory construction, industrial furnace construction and plant engineering
Sources & standards
- Insolvenzordnung (InsO) — German Insolvency Code, esp. §§ 55, 80
- Bundes-Immissionsschutzgesetz (BImSchG) — Federal Immission Control Act
- Bundes-Bodenschutzgesetz (BBodSchG) — Federal Soil Protection Act
- BGH (Federal Court of Justice) case law on insolvency administrator liability for environmental obligations
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