Mandatory traceability system at large demolition sites: VLAREMA amended since 1 July 2022

From 1 July 2022, the declaration of compliance and tracking of demolition waste in certain demolition, renovation or dismantling works will be mandatory. The new requirements are included under article 4.3.3. j° article 4.3.5. VLAREMA. This is an addition to the existing obligation to prepare a demolition succession plan.

VLAREMA 8 amended the Flemish Government Decree of 17 February 2012 establishing the Flemish regulations on the sustainable management of material cycles and waste materials (hereinafter: VLAREMA). This Amendment Decree was approved in the summer of 2021. The amendments aim to promote the traceability of certain waste materials such as demolition waste or asbestos, for example.

Since 2018, the environmental permit application for urban development operations such as the demolition, dismantling or renovation of a building, infrastructure or roadside must include a demolition follow-up plan (hereinafter SOP). This plan shall identify the site together with all waste that will be released. Article 4.3.3. VLAREMA defines the cases in which a SOP is required. The obligation applies to the demolition of non-residential buildings with a total building volume greater than 1000m³. An SOP is mandatory when demolishing residential buildings if the total building volume exceeds 5000m³. Demolition works at single-family houses are an exception: an SOP is not required. For infrastructure works requiring a permit and infrastructure maintenance works whose volume exceeds 250m³, the preparation of an SOP is also mandatory. If the SOP is missing, the environmental permit application will be refused. Until 30 June 2022, clients and/or contractors of demolition works could voluntarily follow the traceability procedure.

For all permit applications submitted after 30 June 2022, the traceability procedure must be followed on a mandatory basis. The standard procedure traceability demolition material was elaborated in Annex 1 to the Ministerial Decree of 2 September 2019 amending the annex to the Ministerial Decree of 3 February 2017.

Under Article 4.3.3, §3 VLAREMA, the SOP must first be declared compliant by a demolition management organisation. TRACIMAT vzw - recognised in accordance with Article 4.3.6. ff. VLAREMA - is currently the only demolition management organisation. The compliance statement confirms that the SOP was drawn up correctly and that the survey was carried out in accordance with legal requirements and according to standard procedures.

Subsequently, the contractor carrying out the demolition works informs the demolition management organisation of the planned start 15 days before the works begin. In buildings with a building volume of 1000m³ or more where asbestos has been identified, a monitoring visit by the demolition expert is required. After the inspection visit, if any, the demolition contractor must apply for a processing authorisation (hereinafter VWT) from the demolition management organisation. The VWT indicates that the debris comes from a demolition where all hazardous waste was removed prior to the actual demolition. Based on this information, it is possible to dispose of the debris for processing. A monitoring report is drawn up and the demolition expert evaluates the progress at the site. The demolition management organisation receives the information regarding the tracing of materials. After all works have been completed and the inspection report has been approved, the demolition contractor receives the required demolition certificate. The proof that the works were done in accordance with the demolition management system.

Breaches of traceability procedures are sanctioned according to the demolition management organisation's internal regulations. Sanctions are determined based on the nature and severity of the infringements.