What a waste!
From 6 April 2008 new regulations come into force making it compulsory for every construction project costing over £300,000 to have a ‘Site Waste Management Plan’.
The Site Waste Management Plans Regulations 2008 has two aims; firstly to increase the amount of waste that is recovered, reused and recycled and secondly to ensure that any waste is properly disposed.
The client is under an obligation to prepare a plan conforming to this legislation prior to any construction works whilst the contractor will be responsible for ensuring that it is implemented.
The regulations are quite specific as to the necessary contents of the written plan. This includes decisions made to minimise the waste, a description of the different waste types and quantity that will be created. It must also include a declaration by both client and contractor that they will ensure that any waste complies with the duty of care elements of the Environmental Protection Act. There are additional obligations on projects costing over £500.000.
Not only does a plan have to be available on site during the project but it is an offence if the contractor does not retain the plan for two years after the works. This is possibly so that the enforcing agencies can check on waste disposal records after completion.
Invariably costs will be passed to the client, although in practice it may be that a plan is not prepared until a contractor has been appointed. If this is the case, then it is important to ensure that the contractor is aware of his expected input prior to providing his costs for the project. If there is no principal contractor (say for a self-build) then all responsibilities must be carried out by the client.
The legislation will be enforced by either the Environment Agency or the Local Authority. Offences, which includes anyone who intentionally ‘obstructs’ anyone acting under the regulations, can result in a fine of up to £50,000 upon conviction. Even failure to prepare a plan can result in a fixed penalty notice of £300.
There will be a transitional period where the regulations will not apply to a project that has been planned before 6 April 2008 with construction work beginning prior to 1 July 2008.
As with any new piece of legislation there will no doubt be a steep learning curve. Certainly there is potential for a delay prior to commencing any works on site. This further reinforces the need for clients and contractors to take professional advice to ensure compliance with an ever changing raft of new legislation.
For further information, contact Andrew Folland on 01530 412821.
- Ashby de la Zouch
- 01530 412821
- Banbury
- 01295 271 555
- Knutsford
- 01565 757970
- Market Harborough
- 01858 410 200
- Newark
- 01949 851815
- Southampton
- 02380 883150
- Stafford
- 01785 220 044
- Worcester
- 01905 453275
