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The new Regulations for the Management and Handling of Solid Waste from Construction and Demolition have been approved through Supreme Decree No. 002-2022-VIVIENDA ("RSCD Regulation"), which aims to regulate the management and handling of solid waste generated in construction and demolition, prioritizing the minimization and valorization of solid waste, contributing to the sustainability and the transition to the circular economy in the construction sector.

The main provisions of the RSCD Regulation are as follows:

1. What is meant by solid waste from construction and demolition works?

Those solid or semi-solid materials or substances generated in the execution of infrastructure works, urban developments and/or buildings, which must be managed and run in a way that prioritizes their valorization and, ultimately, their final disposition. This solid waste can be hazardous or nonhazardous and should be handled according to its characteristics.

It should be remembered that, in case of uncertainty regarding the hazardous characteristics of solid waste from construction and demolition, the generator must request the respective defining technical opinion from the Ministry of the Environment to guarantee its proper handling.

2. What are the competent authorities to supervise and audit the proper management of this type of waste?

  1. The sectoral authorities and the Environmental Assessment and Control Agency (OEFA) are the entities responsible for supervising, auditing, and sanctioning the management of solid waste generated in investment projects within the scope of their competence.
     

  2. The district municipalities are in charge of, among other things, controlling and punishing the generators of solid waste from construction and demolition, with the exception of those that are generated in the framework of investment projects subject to the Environmental Impact Assessment; in these cases the competent authorities will be sector-specific.

    They are also in charge of issuing the operating license of buildings, infrastructure, recovery and final disposal of solid waste from construction and demolition, as appropriate, in accordance with the regulations in force.

  3. The provincial municipalities are responsible for supervising and punishing generators of solid waste from construction and demolition, within districts, among other functions.

    These authorities may approve their own classifications of infractions and also apply, in addition, the classification of infractions and scale of sanctions established in the Regulations of the Integral Solid Waste Management Law, approved by Supreme Decree No. 014-2017-MINAM.

3. What are the obligations of construction and demolition solid waste generators?

  • Maintain an internal record on the generation and management of solid waste on site according to the format approved by the RSCD Regulation.
  • Classify solid waste generated, according to the following classification: (i) waste material; or (ii) solid waste from construction and demolition. The latter can be: (i) surplus from works and debris, such as concrete and derivatives, wood and derivatives, metal and derivatives, plastics, etc.; or (ii) other waste similar to municipal waste.
  • Hire a solid waste operating company (EO-RS) for the management of solid waste from construction and demolition.

4. Who is required to submit the Annual Declaration on Minimization and Management of Nonmunicipal Waste?

  • All holders of investment projects required to have an Environmental Management Instrument.
  • Urban developments with simultaneous construction of housing, provided that their purpose is the sale of built housing.
  • Buildings for housing, multifamily or condominium purposes, which include multifamily housing of more than five floors and/or more than 3,000 m2 of built area.
  • Urban developments for housing purposes where the properties do not adjoin urban areas or where they have approval for urban development projects and, therefore, require comprehensive planning.
  • Urban developments for housing purposes where the properties adjoin archaeological zones, immovable cultural assets, previously declared or protected natural areas.
  • Total demolitions of residential buildings, whose projects are not required to have an Environmental Management Instrument.

We trust that this information will be useful to you and your company. If you require legal advice on this issue, do not hesitate to contact us.

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