Regulation on the Organization, Management, Disposal, and Storage of Construction Waste during Construction Works (“Official Gazette of RS” No. 81/2024, the “Regulation“) will enter into force on October 18, 2024. Its goal is to reduce the amount of construction waste sent to landfills, as this waste has significant potential for recycling and reuse.
Construction waste refers to waste generated during construction works, including the construction, demolition, removal of buildings or parts of buildings, as well as excavation works resulting from such activities.
The Regulation introduces new obligations regarding the management of construction waste, applicable to both individuals and legal entities during construction works, specifically:
- The owner of the construction waste, or the person to whom the ownership of the construction waste has been transferred by contract, is required to prepare a construction waste management plan, which must comply with applicable regulations and be approved by the competent authority.
- In the case of building demolition, the owner of the building must provide the contractor with written notice of all relevant information concerning the handling of construction waste (type of materials, construction date, etc.) prior to the commencement of works. Based on the information received, the contractor prepares a waste management plan for the demolition of the building or part of the building.
- The investor is obligated to provide the contractor with the waste management plan along with the decision on approval from the competent authority. The contractor, in turn, must keep the plan during the construction works and implement all measures outlined in it.
- The responsible contractor must record all data from the waste management plan in the construction logbook in accordance with the Regulation on the Content and Manner of Keeping the Inspection Book, Construction Logbook, and Construction Book (“Official Gazette of RS,” No. 96/2023).
- The obligation to submit the document on the movement of construction waste, as per Article 158, paragraph 5 of the Law on Planning and Construction, applies only to investors who have a building permit issued after August 4, 2023. Exceptionally, this obligation does not apply if there is no licensed waste treatment or storage facility within 50 kilometers of the construction site, in which case the investor must submit a statement to the competent authority along with the application for an occupancy permit.
The Regulation stipulates that individuals and legal entities referred to in Articles 5 and 7 of the Regulation must align their operations with the provisions of the Regulation within six months of its entry into force, i.e., by April 18, 2025.