FAQs

What is the purpose of the Regulations?

The main aim is to make the construction industry more sustainable. If those in charge of the development are made aware that waste is being produced, there is a better chance that it will be reduced. The regulations encourage creative ways to reduce waste which may also reduce the overall costs.

They will all make tracking waste more straightforward too as the logging and record keeping aspect of an SWMP will aid compliance with the waste duty of care  and reduce the risk of ‘fly-tipping’.

Do SWMPs apply to all demolition and excavation works?

Yes -  All work (apart from the exclusions), including preparatory work such as demolition and excavation, civil engineering and engineering projects as well as projects involving maintenance, alteration and decoration of existing structures, are covered by the SWMP regulations.

In addition, the installation, maintenance or removal of all related services such as electrical, gas, water, sewage and telecommunications should also be included.

What if I estimate the cost will be £299,000?
The cost of the construction project is the price agreed by the contractor and the client in the accepted tender. If there is no tender, the cost must include labour, plant and materials, overheads and profit, but VAT is excluded. Standard costs for these different elements are readily available from sources such as the British Cost Information Service (BCIS). Since the plan must be in place before work begins, if the cost of the project is less than £300,000 at the start, but subsequently increases, there is no legal requirement to produce one retrospectively. Of course there is little point in being untruthful as the penalties are strict.

However, as a tool for minimising waste and ensuring compliance with the waste controls, construction companies may find it helpful to use the SWMP process to manage later changes to the project, especially where this affects the use of materials or handling of waste on-site.

What ‘Waste’ should be included in the SWMP?

Types of waste
“Waste is…any substance or object…which the holder discards or intends or is required to discard”. All waste that falls within the scope of this definition should be recorded in the plan.

“Holder” means “the producer of the waste or the natural or legal person who is in possession of it” – the client or principal contractor.

As a minimum, you will need to classify any waste produced on the site as either inert, non-hazardous, or hazardous.

Are there any additional requirements for ‘Hazardous waste‘?
If the construction project is producing hazardous waste, before allowing any waste to be removed you must first notify the Environment Agency that you are a hazardous waste producer. During the construction phase you must update the plan as waste is disposed of, re-used, recycled, or otherwise recovered. The SWMP therefore becomes a ‘living’ document that describes the current state of progress against the waste management forecasts contained in the plan.

When waste is removed from the site you must show in the SWMP that you are complying with the waste management licensing, waste duty of care and waste carrier registration regimes. The duty of care requires you to:

* Take care of your waste while it is in your control;
* Check that the person to whom you give your waste is authorised to receive it;
* Complete, exchange and keep waste transfer notes when the waste is handed over; and
* Take all reasonable steps to prevent unauthorised handling or disposal by others.

For higher cost projects, all registration and waste transfer documents should be kept in the SWMP or referenced in the plan.

Persons authorised to remove or receive waste may include council waste collectors, registered waste carriers, holders of a waste management licence or pollution prevention and control permit or holders of an exemption from the need for such a licence or permit. Checks should be carried out on sub-contractors before they come on-site to ensure they are legally compliant.