Rank: Forum user
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Does anyone know if domestic projects are required to have a site waste management plan if they are of a value above the threshold?
Regards
Yul
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Rank: Forum user
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Do SWMPs apply to a person planning a project in relation to their own residence?
Answer. No, the regulations state that “client” means a person acting in the course of their business. If a person intends a building to be their own residential property, then the project is not in the course of their business. However, the principal contractor who is employed for the job would need to produce a SWMP if the project cost were over the minimum threshold.
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Rank: Forum user
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Oldroyd, thank you for your thoughts but if a Client means a person acting in the course of their business and it is a dwelling for their home then surely they aren't a client under the regs and therefore can't appoint a principal contractor?
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Rank: Super forum user
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Yulkok
The Pricipal contractor under the SWMP Regs is not the same as the one under CDM necessarily. Under SWMP it is the contractor appointed to undertake the swmp. Under CDM it is normal for the CDM PC to assume the role as these regs make it impractical for another contractor to fulfil the function
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Rank: Super forum user
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Yulkok
The SWMP Regs do not refer to 'domestic' projects. However, a client may be an individual. The client is responsible for ensuring a SWMP is in place if the project falls within the threshold. See Reg 4 below.
In these Regulations—
“client” means a person who in the course of business—
(a)seeks or accepts the services of another which may be used in the carrying out of a project for that person; or
(b)carries out a project on their own behalf;
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Rank: Super forum user
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As already stated SWMP does not apply. However most, if not all, of the other environmental laws e.g. The Clean Neighbourhood Act etc do apply to all people irrespective. So private people should also comply with env law when building, demolishing etc their own private property when not in the course of a business and things like Occupiers Liability also apply to a private persons private construction site
There is some case law re a private person on their own private site being prosecuted via the construction regs of 1996 because a person visiting site [not a construction worker] fell. I believe that it was a postman that fell but I could be wrong - Law is complicated is it not
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Rank: Super forum user
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As a client, you will need a SWMP if the construction work you are planning will cost more than £300,000.
SWMP is a legal requirement for all construction projects in England costing over £300,000
“Construction work” means the carrying out of any building, civil engineering or engineering construction work and includes—
(a) the construction, alteration, conversion, fitting out, commissioning, renovation, repair, upkeep, redecoration or other maintenance (including cleaning which involves the use of water or an abrasive at high pressure or the use of corrosive or toxic substances), de-commissioning, demolition or dismantling of a structure;
It is the value of the contract that determines the relevance of the SWMP not the domestic or commercial standing of the client.
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Rank: Super forum user
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The Site Waste Management Plans Regulations 2008
Exemptions
3. These Regulations do not apply to a project relating to a Part A installation as defined in the Environmental Permitting (England and Wales) Regulations 2007(1).
Appointment of principal contractor
4.—(1) A client who intends to use one or more contractors for any project to which these Regulations apply must appoint a contractor as the principal contractor.
(2) If a client does not use a contractor, all obligations placed on the principal contractor under these Regulations must be carried out by the client.
I would assume that your domestic project is not nuclear home energy system exempting it SWMP
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Rank: Super forum user
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SWMP only applies 'in the course of a business' irrespective of anything else - please note other responses e.g. RRapp
A house near me is currently being re furbished at a cost of ~£1m but is for a private person and their private house. This person; after lots of poor advice, asked the question directly via the experts [both the HSE and the EA] and both said that neither the CDM nor SWMP regs apply
My sons company has just made and fitted a kitchen in another property at a value of £1m [yep a kitchen at £1M!!!] and that too was not covered because it was for a private person in their private house and not related to a business
And as BL has already indicated the PC for a CDM job may also be the PC for the SWMP on the same job but that does not have to be the case
My big arguement is the involvement of the CDMC; as CDMC's are not mentioned in SWMPR and the people I have come accross todate wanting to undertake the Env areas have not to date been competent
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Rank: Super forum user
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It is clear from the responses thus far that the SWMP Regs are as clear as mud!
Bob, regulation 2 states '“client” means a person who in the course of business—' and not 'a business' as your post indicates - everything turned on a word. That said, domestic work is not normally bound by regulations, but if it does not say it on the tin...
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Rank: Super forum user
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Bob youel
I am at a loss to find the CDMC mentioned in this thread. Could you please enlighten me?
Where in previous posts has the CDMC been mentioned? Was the CDM PC, or, is it the definition of construction that was taken from the regs that threw you?
This is the definition that is used to describe construction work is it not?
With regards to the EA, we are currently under taking the installation of leisure suite and wine cellar for a domestic client, built at individual’s residence, for residents use, value 7.2m, Due to the fact that it is domestic, quite rightly CDM will not apply.
As advised by the EA SWMPR do.
The EA had extensive involvement due to the location and sensitive area that this is being constructed, and as such had input from the start.
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Rank: Super forum user
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I brought the CDMC into the thread as its a bug of mine when I find CDMC's getting involved with SWMP when they are not noted in the SWMP regs - sorry
As for the EA: I can only report back what I know as I was told; along with the private individuals; by the EA that SWMP did not apply to their projects even with those type of values. But as I noted in my posting other Env law did apply even where it was a private individual
The £ values U are talking about are good ones and it appears that there are sensitive wild life etc areas also to consider
REgards
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Rank: Super forum user
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There have been many issues with regards to this contract, and the hoops we have had to jump through are to say the least beginning to wear thin. I think that every regulation that has the slightest relevance has been enforced to try and prevent the project. But with over 3000 cube of muck away gives an idea of the size, nice size gardenand we are still away from the tennis courts, oh yes and the stables.
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