Member Article

Waste Management in the Construction Industry

With Watson Burton LLP Law Firm

The Site Waste Management Plans Regulations 2008 (“the Regulations”) came into force on 6 April 2008 and have a significant effect on how the construction industry manages waste produced on site. The Regulations apply to all construction works where work commences after 1 July 2008 with a cost of over £300,000 and impose obligations upon developers and contractors to plan for and monitor the ongoing progress of the waste produced and its subsequent disposal. However, where a project is planned prior to 6 April 2008 and work on site commences before 1 July 2008, the Regulations do not apply. Where the cost is over £500,000, the requirements under the Regulations are more onerous.

First, a developer must appoint a principal contractor where more than one contractor will be involved in the construction of the development. If there is to be no involvement from a contractor, the developer will bear the burden of all of the responsibilities of the principal contractor.

A developer who intends to carry out construction works which exceed the above mentioned cost threshold must prepare a Site Waste Management Plan (“SWMP”) conforming to the Regulations before construction begins. If the construction project is commenced without a SWMP the developer and the principal contractor are both guilty of a criminal offence under the Regulations.

The aim of the Regulations is to assist in minimising the amount of waste produced on site and to ensure the proper disposal of waste which is unavoidable. It is intended that the SWMP will be integral in the planning stages of a development and will assist in achieving better cost effectiveness as materials should be ordered bearing in mind whether they are actually required to avoid wastage.

The Regulations are enforced by the Environment Agency; in any local government area with principal authority, that authority; any district or county council; or in the City of London, the Common Council.

Further information and examples of pro-forma SWMPs can be found on the following websites www.netregs.gov.uk, www.dti.gov.uk, www.defra.gov.uk and www.envirowise.gov.uk.

If you have any queries relating to this article, or any other Construction matter, please contact Rachael Douthwaite at Watson Burton LLP on 0191 244 4444 or email rachael.douthwaite@watsonburton.com.

This was posted in Bdaily's Members' News section by Ruth Mitchell .