New waste legislation in Slovakia for the construction sector

New costs and obligations must be taken into account during construction

Developers and builders may not be happy about this. They will face new financial, administrative, and logistical burdens.

The Slovak Ministry of Environment has submitted an amendment to the Slovak Waste Act,[1] which introduces new legislation on construction and demolition waste as well as new obligations for producers of such waste. If the amendment is adopted as proposed, the new provisions will enter into force on 30 June 2022. In this article you will learn what new challenges will face entrepreneurs in the construction sector.

The construction of “green” and sustainable buildings is in vogue. However, the construction of environmentally friendly buildings should not be limited to buildings with high energy efficiency. Doing so will not avoid all environmental problems. The aim of the proposed amendment is to increase the potential for introducing a circular economy in the construction waste and construction sector, which should lead to higher recycling rates and reduce construction and demolition waste. It will give priority to the use of recycled waste material over the extraction of new natural resources.

The interministerial commenting procedure has shown that the proposed amendment has met with much criticism and that the public experts have reservations about some ambiguous issues. It is proposed that the amendment’s entry into force be postponed and a number of unclear provisions first be clarified. Even though it is still uncertain whether the amendment will be adopted in its current form, it cannot hurt to be informed in advance about the intended changes.

Construction and demolition waste and its producers

According to the Slovak Waste Act, construction and demolition waste is the waste generated during construction and securing work as well as during work on the maintenance of buildings, the modification of buildings or the removal of buildings.

In general, according to the amendment, the waste producer should be the person (if it is a legal or natural person-entrepreneur) to whom the construction permit was granted. Under the current legislation, producers of construction and demolition waste have the usual obligations of a waste holder. The amendment adds additional obligations.

Brief overview of the new legislation

1. Recovery and recycling of construction and demolition waste Construction and demolition waste has long been the most significant waste stream. At the same time, it is characterised by a high reuse and recycling potential and could be substituted for large quantities of primary raw materials. Under the proposals, at least 70 % of the weight of construction and demolition waste generated during construction or demolition would be recycled. This obligation is to apply only to buildings with more than 300 m2 of built-up area and to a specific group of wastes.
2. Selective demolitionThe amendment introduces a new concept of “selective demolition”. In selective demolition, the individual steps of the demolition work are specified to ensure the removed building materials and construction waste (e.g. wood, metal, glass, plastic, gypsum, mineral components) are separated and sorted to ensure waste is primarily recycled and only disposed of when necessary. In short, the separation of construction and demolition waste must be carried out on site; i.e. waste separation points must be established on construction and demolition sites. Further details on selective demolition will be laid down in an implementing regulation.
3. Proof of a contractual relationship with an authorized waste disposal company According to the legislator's explanatory memorandum, this is intended to make it easier and more comprehensible to demonstrate the management of waste from construction activities. The proposed obligation should ensure each construction and demolition waste producer has a direct contractual relationship to ensure the management of construction or demolition waste from a building for which a construction permit has been granted. The obligation will also apply to natural persons who will carry out the construction activity themselves. The necessary contractual elements will be laid down in an implementing regulation.
4. Material recovery of construction and demolition waste on the construction site and its further use in the construction Construction and demolition waste should be recovered on site and the recycled material preferably be used in construction. This obligation aims to reduce the carbon footprint not just of demolition and building refurbishment, but also other construction activities (e.g. by reducing the need to transport waste). The amendment vaguely states that this obligation only has to be fulfilled if the technical, economic and organisational conditions allow it.
5. Reporting obligations before and after demolition

The amendment also provides for new administrative obligations. Prior to carrying out the demolition work and at least three days before the selective demolition, the waste producer must notify a competent state waste management authority in writing of the method of selective demolition. In addition, the waste producer should inform the competent authority of the type of waste, the expected quantity, and the method intended to recover or dispose of the waste. This is not the end of the obligations. After completion of the demolition work, the waste producer must notify the competent waste management authority in writing of the assessment of the selective demolition within thirty days at the latest. The form of these notifications is also to be regulated in an implementing regulation.

Although it is uncertain what the final wording of the amendment will be, it can be assumed that the basic obligations mentioned above will remain. The proposed amendment does not address whether the new obligations will also apply to building companies that started construction or demolition work before the amendment came into force.

We are following the development of this legislation and are available to answer any questions you may have.

[1] Act No. 79/2015 Coll. on Waste and on Amendments and Additions to Some Acts