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The Site Waste Management Plans (SWMP) Regulations 2008
04 June 2008

The Site Waste Management Plans (SWMP) Regulations 2008 came into force on 6 April 2008. As a result, strict requirements have been introduced for the management of waste on all construction projects in England where the project value exceeds £300,000.

A SWMP records the amount of waste expected to be produced on a project and how each type of waste will be disposed of, re-used, or re-cycled. The Regulations require the SWMP to be prepared before construction work begins and updated during the project. Failure to comply with the regulations is a criminal offence, punishable by a fine not exceeding £50,000 on summary conviction or an unlimited fine on conviction on indictment.

The SWMP is usually drafted by the principal contractor. If a client (intending to carry out the project) does not use a contractor then the client takes on the obligations of the principal contractor under the Regulations. If a project is started without a SWMP, both the client and the principal contractor are guilty of an offence.

Our commentary on the SWMP Regulations can be viewed using this link.

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