28-03-2008
Constructing a new “green agenda”
Construction companies are set to be more formally scrutinised over the way in which they reuse, recycle and dispose of waste produced on a building site in a bid to reduce fly tipping and the illegal dumping of waste.
Site Waste Management Plans (SWMPs), which were first introduced on a voluntary basis four years ago, become compulsory from 6 April 2008 as part of the Site Waste Management Plans Regulations 2008.
“A SWMP needs to set out the amount and type of waste that will be produced on a construction site and how it will be reused, recycled or disposed of. During the building process, the plan must be constantly updated to record how the waste has been managed and also to confirm that materials unsuitable for reuse or recycling have been legitimately disposed of,” said Associate Jon Close, construction specialist at BPE Solicitors.
“Plans must be prepared for any project with an estimated cost of more than £300,000 excluding VAT, regardless of the size of the company carrying out the work. For construction projects of more than £500,000, supplementary information must be recorded in an enhanced SWMP. The regulations cover a wide range of construction work including maintenance, alterations, installation or removal of services as well as new build projects,” added Jon.
Environment Agency or Local Authority staff have the power to enforce the regulations. Construction companies face unlimited fines if convicted in the Crown Court of failing to prepare and keep an SWMP.
“The regulations apply to all construction projects planned after 6 April 2008 and to projects planned before this date if construction work commences on or after 1 July 2008. Saying that, it would be worth all developers and contractors taking note of the new requirements for future projects as this requirement will impact invariably upon lead-in periods. In a time where environmental concerns are becoming more mainstream, developers and contractors could even consider adding to their “green” credentials by preparing SWMPs on a voluntary basis for small projects not caught by the Regulations,” said Jon.
Jon Close is an Associate within BPE's Construction & Engineering team. Contact him on 01242 248 278 or email jon.close@bpe.co.uk
Site Waste Management Plans (SWMPs), which were first introduced on a voluntary basis four years ago, become compulsory from 6 April 2008 as part of the Site Waste Management Plans Regulations 2008.
“A SWMP needs to set out the amount and type of waste that will be produced on a construction site and how it will be reused, recycled or disposed of. During the building process, the plan must be constantly updated to record how the waste has been managed and also to confirm that materials unsuitable for reuse or recycling have been legitimately disposed of,” said Associate Jon Close, construction specialist at BPE Solicitors.
“Plans must be prepared for any project with an estimated cost of more than £300,000 excluding VAT, regardless of the size of the company carrying out the work. For construction projects of more than £500,000, supplementary information must be recorded in an enhanced SWMP. The regulations cover a wide range of construction work including maintenance, alterations, installation or removal of services as well as new build projects,” added Jon.
Environment Agency or Local Authority staff have the power to enforce the regulations. Construction companies face unlimited fines if convicted in the Crown Court of failing to prepare and keep an SWMP.
“The regulations apply to all construction projects planned after 6 April 2008 and to projects planned before this date if construction work commences on or after 1 July 2008. Saying that, it would be worth all developers and contractors taking note of the new requirements for future projects as this requirement will impact invariably upon lead-in periods. In a time where environmental concerns are becoming more mainstream, developers and contractors could even consider adding to their “green” credentials by preparing SWMPs on a voluntary basis for small projects not caught by the Regulations,” said Jon.
Jon Close is an Associate within BPE's Construction & Engineering team. Contact him on 01242 248 278 or email jon.close@bpe.co.uk
