Revolution in segregation of construction waste. What are the new rules?

From January 1, 2025, the amended provisions of the Waste Act are in force. According to the new regulations, waste resulting during construction, renovation or demolition 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.

Who is obliged to segregate construction waste?

– The obligation to segregate construction and demolition waste has been imposed on the producers of those waste who are entrepreneurs. When the manufacturer of construction and demolition waste is a natural person who is not an entrepreneur, this obligation is carried out by the next waste holder, i.e. the one to whom the manufacturer has transferred this construction and demolition waste – explains Joanna Lech, legal advisor, Senior Associate at Rödl & Partner’s office in an interview with “Wprost”.

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.

Segregation of construction waste and contracts between the parties

As the lawyer notes, the contract concluded between the parties may change the responsible entity for segregation.

– Pursuant to the provisions of the cited Act, a waste manufacturer arising as a result of the provision of services in the field of construction, demolition, renovation of facilities, cleaning tanks or equipment as well as cleaning, maintenance and repair is the entity that provides the service. The agreement concluded between the parties may regulate this issue differently – says Joanna Lech.

– When the contract on the provision of services does not change the statutory rules, then the entity providing the construction, demolition service, renovation will be obliged to sort out individual fractions, unless the next owner of this waste does. The manufacturer of construction and demolition waste and the next waste holder will be able to order segregation to the entity referred to in art. 27 para. 2. – he explains.

However, he notes, however, a contract will be required to specify further development of sorted waste, and what is important, it will have to be concluded in writing, under pain of nullity.

– From a legal point of view, the key issue is to preserve the form of a written contract. In the absence of this form, the contract will become invalid. This can be of particular importance, among others In the context of joint and several liability for sorting waste – notes the lawyer.

Solidarity responsibility for segregation of construction waste

As the lawyer notes, the legislator provided for joint and several liability for performing the obligation to segregate this type of waste.

– It refers to the manufacturer of construction and demolition waste, the next waste holder, to whom the manufacturer transferred this construction and demolition waste. It is also borne by the entities referred to in art. 27 para. 2 of the cited act, i.e. having a waste collection permit, waste processing permission or a license for underground waste storage – explains Lech.

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 in 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.