The Regulations require that any person intending to carry out a construction or
refurbishment project in England with an estimated cost of greater than £300,000 (including VAT) must prepare a Site Waste Management Plan – a ‘SWMP’. Projects with a value of more tham £500,000.00 (including VAT) require that all documentation is retained including licensed waste transfer notes, and the completion of the plan requires much more detail.
When did the new rules come into force?
The rules apply from 6 April 2008.
Do SWMPs apply to projects which are over the £300,000 threshold but
which take place over multiple sites, e.g. maintenance projects?
There is no legal requirement for a project of contract value greater than
£300,000 but undertaken over multiple sites (clearly geographically separate) to
undertake a SWMP.
Should there be a separate SWMP for demolition, especially if there is a
time lag between demolition?
Potentially yes. If a construction project is of such a significant duration that it is
broken down into stages, each stage would have a separate SWMP.
What is the alignment of SWMPs with Construction (Design and
Management) Regulations 2007 (CDM Regulations)?
The SWMP regulations draw upon the CDM regulations to define the roles of
client and principal contractor. Otherwise SWMP regulations are free-standing.
What if there are two or more projects (each of which is over the basic
threshold) on the same site?
If the projects each cost over the £300,000 threshold, then separate
SWMPs should be acceptable. However, it is not acceptable to split one
project in order to avoid either the need for a SWMP or the more detailed
SWMP reporting requirements for projects costing more than £500,000.
Why does the waste transfer paperwork (carrier registration details and
waste transfer notes) not have to be kept with SWMPs for projects costing less than £500,000?
For smaller projects, it might prove onerous and impractical if a large quantity of
paperwork had to be stored on-site with the SWMP. However, details of waste
transfers (including waste type and destination) and the carriers used must be
recorded on the SWMP, and providing false or misleading information is an offence.
Is there a legal document that should be used for SWMPs?
No. The regulations only require that certain details are recorded (see the
regulations and guidance). However a number of possible templates that you may
wish to use are published on Defra’s website.
Does anyone have to approve the SWMP?
Formal approval is not required by these regulations, although some local
authorities require SWMPs through their Supplementary Planning Documents.
Should the SWMP cover information on waste exemptions and hazardous
waste registrations?
Yes. If waste exemptions are applicable to the treatment, storage or transport of
waste they should be referred to in the SWMP, and hazardous waste registration
details of operators/carriers are also required.
Is the £300,000 minimum threshold applicable to all construction
projects?
No, some local authorities require SWMPs for smaller projects through
their Supplementary Planning Documents.
