Gigantic penalties for the lack of segregation of construction waste. The new regulations are already in force

The beginning of the year was greeted with the amendment to the Waste Act. It is about the obligation to segregate waste generated during construction, renovations or demolitions. From January 1, 2025, they must be divided into at least six basic fractions: wood, metals, glass, plastics, gypsum, mineral waste. The new obligation to segregate applies to both waste generators and companies that collect waste from natural persons. For failure to comply with this obligation, the legislator provides for penalties of up to a million zlotys.

What are the new rules for segregation of construction waste?

As the patron Joanna Lech notes, in accordance with the new regulations, the waste manufacturer from renovation or demolition is obliged to sort out the faction indicated in the regulations.

– In practice, this means that waste from renovation and demolition must now be sorted on the factions indicated in the regulations, i.e. wood, metal, glass, plastics, gypsum and mineral waste, including concrete, bricks, tiles and ceramic materials and stones – explains in an interview with “Wprost” Joanna Lech, legal advisor, Senior Assoice in the office Rödl & Partner.

In what situations does the law not provide for segregation of a given waste?

The legislator provides for exemption from the obligation to segregate construction waste, but this is only the case in exceptional cases. This applies to situations in which waste sort out is technically impossible or the lack of it allows you to prepare for reuse, recycling or other recovery.

– provided that the lack of technological possibilities of sorting the abovementioned Fraction from construction and demolition waste may not be problematic, in the practice of the manufacturers of these waste may deal with doubts when they may not segregate waste due to the second premise, i.e. when the lack of sorts allows for preparation for reuse, recycling or other recovery – notes Joanna Lech.

The expert draws attention to the fact that people outside the industry will be difficult to say.

– In the absence of sorting out, the manufacturer may have a problem with the transfer of these waste to the next owners, e.g. to entities authorized and professionally involved in the collection and development of such waste. The question is also how in practice the transfer of construction and demolition waste by natural persons to PSZOK will take place – a lawyer wonders.

Expert: “Penalties up to PLN 1 million”

Not releasing the sorting out of construction and demolition waste, i.e. breaking the provisions of art. 101a para. 1-3 of the Waste Act, is punishable by an administrative penalty.

– it is not less than 1 thousand. PLN and cannot exceed PLN 1 million – says Joanna Lech and emphasizes that the imposed financial penalty will not always be the amount of the maximum amount.

– Provincial Inspector for Environmental Protection, imposing an administrative fine, takes into account the type of violation, its impact on human life and health, and the environment, the duration of the violation, as well as the size of the business. It also takes into account the effects of these violations and the amount of threat. The financial penalty will not always be the maximum amount. The authority has the right to measure it in an individual way – notes the lawyer.

Who are the new regulations of segregation of construction waste?

The new obligation to segregate construction waste concerns:

• waste manufacturers-usually it is a company providing a construction and renovation service, not an ordering entity,

• next waste holder,

• the entity that was commissioned to segregate waste.

Who does not apply to the new regulations for segregation of construction waste?

Private persons renovating their apartment, house or other premises are exempt from the obligation to segregate-despite the fact that they are manufacturers of construction and renovation waste. However, as needed to emphasize, the obligation to divide waste into appropriate fractions lies with a company whose waste will be donated after renovation or construction.