As part of government’s drive to reduce construction waste, reduce site accidents and fly-tipping, Regulations will apply from 6 April 2008 to construction works in England costing £300,000 or more.

Prior to the commencement of any works, construction clients need to ensure that a site waste management plan has been prepared identifying what waste will be generated from the works and how this will be dealt with. During construction, the principal contractor – who may or may not be the same entity as the 'Principal Contractor' for the purposes of the CDM Regulations – must implement and update the plan. A more detailed Site Waste Management Plan (SWMP) is required for projects with a value of £500,000 or above.

The Regulations define 'construction work' broadly (the definition is based on the CDM Regulations 1994). So, for example, tenants' or landlords' works under an agreement for lease or licence for works or any reinstatement of premises at the end of a lease term will need to comply with its requirements if the £300,000 threshold is met.

Since the Regulations require the SWMP to be in place before construction works can begin, clients may want to include obligations in their construction contracts to ensure their contractors produce such plans prior to starting work on site.

Government envisages that the reduction of waste may lead to cost savings. Clients, contractors and insurers paying for works under first- or third-party insurance policies may be interested in how such savings are apportioned between client and contractor under the relevant construction contracts.

The Regulations contain transitional provisions. If the works were planned before 6 April the Regulations will not apply, providing construction begins before 1 July 2008.