Construction debris in the light of the law – the latest regulations regarding construction waste
The first decades of our century are a time of rapid growth in environmental awareness, especially in developed regions of the world. In recent years, the word “recycling”, declined in all cases, has firmly settled into our everyday vocabulary.
Regulations regarding waste segregation have also covered the construction industry.
Let us therefore take a look at what Polish law currently looks like in specifying the management of so-called “debris”.
What does construction law say?
The main legal acts addressing the issue of construction waste are:
- Act of 14 December 2012 on Waste (consolidated text: Journal of Laws 2023, item 1293)
This is the main legal act concerning waste management, including construction waste. According to this Act, construction waste is treated as non-hazardous waste and requires appropriate management in order to minimize its impact on the environment.
The Act imposes on waste producers, who are contractors performing the works, and not investors, the obligation to properly manage the waste produced. The regulations require that this waste be segregated, and then properly processed and disposed of or recovered.
- Regulation of the Minister of Climate and Environment of 29 October 2021 on the waste catalogue (Journal of Laws 2021 item 1988)
This document, like the one above, imposes on the contractor performing construction works the obligation of segregation.
The contractor performing construction works is subject to the necessity of appropriately dividing waste into various fractions, such as: debris, wood, metal, glass, insulation materials, plastics, etc. Such division enables the later recovery of secondary raw materials.
What do the regulations on construction waste mean in practice…
Are you wondering: where to dispose of debris after renovation, where to take debris? If you are renovating an apartment, you are obliged to order a bag or container provided by the city. In that case you are not obliged to independently segregate debris into various subcategories.
If you are an investor, it is your responsibility to hire a professional company that removes debris. However, segregation should be handled by the company carrying out your order. Responsibility for sorting waste on the construction site lies with both the investor and the contractor.
If you run a construction company, you should ensure that the direct contractors know the rules and criteria for dividing construction waste and do not mix it with other types of waste. Otherwise, the investor may accuse you of failing to fulfill the contract.
Independent recycling of debris
An alternative to using external companies is independent recycling of debris.
This may be a cost-effective solution for large construction companies or investors financing large projects. In such a case, the raw materials recovered from debris can be reused, for example, to harden ground or lay access roads.
However, independent recovery of raw materials from debris requires appropriate equipment facilities, above all – a jaw crusher.
Crushers are machines used in the mining, construction and recycling industries. They are used to crush materials such as stones, rocks, bricks, concrete, construction debris and other hard substances. They are an essential tool in the process of crushing raw materials. They make it possible to obtain particles of appropriate dimensions that can be used in subsequent stages of production.
You can find more about crushers in our other article.
What construction waste can be reused?
The basic material suitable for reintroduction into the production process is construction debris. It includes all kinds of:
stones, old asphalt surfaces, concrete, paving blocks, bricks, etc.
Debris subjected to the action of a crusher is used as material for the production of:
paving slabs, recycled concrete, road subbase, mortar, asphalt or fillers.
Independent recycling – construction law regulations
It is worth remembering, however, that in order to carry out independent recycling of construction waste, appropriate authorization must be obtained.
Such a document may be issued by the voivodeship marshal, the starosta or the office of the regional director for environmental protection.
However, there are exceptions:
Authorization is not required for:
- a natural person or an organizational unit that is not an entrepreneur, using waste for its own needs
- a property holder who collects municipal waste generated on that property.
This means that, for example, during independent home renovation, a natural person may collect, recover and reuse construction waste without a permit.
What is new in construction law in 2025?
From 1 January 2025, an obligation was introduced to selectively collect construction waste divided into six fractions:
wood, metals, glass, gypsum, plastics and so-called mineral waste (tiles, bricks, concrete, ceramics, stones).
The new regulations also include changes to the BDO system (Database on Products and Packaging and on Waste Management)
From now on, entrepreneurs will be obliged to report in detail which waste goes to recycling and how it has been processed.
The new regulations, in line with the maxim that ignorance of the law is harmful, also provide for stricter penalties for persons who do not comply with the updated guidelines.
Apart from the threat of penalties, another factor that should encourage us to comply with the new rules is concern for local nature and landscape. Legal storage and use of waste is a profitable and ethical practice.
