The mandatory legal framework in Spanish territory regarding construction and demolition waste management is established in Royal Decree 105/2008, of 1 February, which regulates the production and management of construction and demolition waste (CDW Royal Decree).
Furthermore, on the island of Mallorca, there is also a mandatory legal framework established in the Sectoral Master Plan for non-hazardous waste of the island of Mallorca.
According to the CDW Royal Decree, construction and demolition waste generated on a construction site and not reused on the same site must be transferred to an authorised manager, and this delivery must be recorded in a reliable document. On the island of Mallorca, the only authorised manager for the treatment of construction and demolition waste is the mandatory Public Service managed by MAC Insular.
The direct dumping of construction and demolition waste that has not passed through an authorised treatment plant is totally prohibited.
In the case of major works, the execution project must include a construction and demolition waste management study, as well as an assessment of the expected cost of that management, which will be included as a separate chapter of the budget. Furthermore, supporting documentation for the correct management of the waste must be available and, where applicable, a deposit must be constituted.
According to the Sectoral Master Plan, on the island of Mallorca, when applying for the building licence, a formalised contract with MAC Insular must also be submitted and a deposit must be lodged with the Consell de Mallorca for an amount equal to 125% of the cost of the correct management of the construction and demolition waste expected to be generated.
For minor works, according to the Sectoral Master Plan, the only obligation established is the correct management of the construction and demolition waste generated on the site.
The study must include at least:
- An estimate of the amount of CDW that will be generated on the site, as well as an inventory of hazardous waste in the case of demolition, rehabilitation or renovation works.
- Measures for waste prevention on the site.
- The reuse, recovery or disposal operations to which the waste will be destined.
- Measures for the separation of waste on site, in particular, the obligation to separate CDW established in art. 30 of Law 7/2022 on waste.
- Plans of the facilities for the storage, handling, separation and, where applicable, other CDW management operations within the site.
- The specifications of the particular technical specifications document of the project, in relation to the storage, handling, separation and, where applicable, other CDW management operations within the site.
- An assessment of the expected cost of CDW management that will form part of the project budget in an independent chapter.
It is the document that the constructor must prepare and present to the promoter, reflecting how the construction and demolition waste management will be carried out on the site. This document must be approved by the Technical Management and accepted by the owner, becoming part of the contract between the promoter and the constructor. Furthermore, the promoter is responsible for including waste management costs in the project and for demanding supporting documentation of correct management.
The responsible party is the constructor, who must prove correct management to the promoter. The Technical Management is also responsible, as waste management is part of the project, and the construction and demolition waste management plan is incorporated into the construction contract between the promoter and the constructor.
Only waste generated on the construction site can be recovered on the same site where it was generated. This activity must be established and detailed in the study and in the construction and demolition waste management plan. Any other recovery activity outside the site, in the case of the island of Mallorca, has MAC Insular as the sole authorised manager.
Clean, uncontaminated soil and excavation debris may be used (a fact that, according to article 9 of the Sectoral Master Plan, must be notified to the Consell de Mallorca, specifically to the Insular Directorate of Waste Management of the Department of the Environment), as well as stony waste from the Public Service plants managed by MAC Insular.
It is the legal instrument that organises, within the territory of the Island of Mallorca, the mandatory management of construction and demolition waste (rubble, CDW), excluding clean, uncontaminated soil and excavation debris; bulky waste (appliances, electronic equipment, furniture and mattresses); and end-of-life tyres (ELT), among others.
Currently, the Public Service is financed through fees payable by users and possible subsidies from the different public administrations, where applicable. The fees must be reviewed and approved annually by the Consell de Mallorca.
On the MAC Insular website, in the user management section or by clicking here.
The contract must be in the name of the same entity that applied for the building licence from the town council. The holder of the current account provided in the contract must, in principle, be the same entity. Otherwise, when the account holder is not the entity that applied for the building licence, it will be necessary to provide a document signed by the account holder indicating that they accept to take responsibility for the promoter's waste management invoices, as well as a bank certificate proving account ownership.
In any case, the waste management invoices and the corresponding management certificate will be issued in the name of the entity that signed the contract.
Yes, so that all procedures are carried out with up-to-date documentation and the identity of the applicant is correctly accredited.
In these cases, you must put the file number and, once the town council provides the licence number, you must notify MAC Insular so that it is recorded in the contract.
For a contract to be terminated, the end of the work must be communicated to MAC Insular, and it is at this moment that MAC Insular issues the certificate of the waste from the work that has been delivered for management.
The bank guarantee is only an option; the bond can also be deposited in cash. For more information, consult the Electronic Office of the Consell de Mallorca, section "Tax management and collection", "Ordinary bond" or "Single bond for construction and demolition waste for major works", as applicable.
Once the work is finished, you must request the refund of the bond from the Consell de Mallorca, attaching the waste management certificate issued by MAC Insular. For more information, consult the Electronic Office of the Consell de Mallorca, section "Tax management and collection", "Ordinary bond" or "Single bond for construction and demolition waste for major works", as applicable.
The carrier's authorisation is not necessary when the person delivering the waste to the plant assumes the payment of the management cost. However, if a third party must assume the payment, it is essential to provide an original authorisation for each trip, signed by both the carrier and the person accepting to assume the management cost of the delivered waste.
No, the ID is a mandatory document for waste transport purposes, according to Law 7/2022, Law 8/2019 and RD 553/2020 on waste shipment. The carrier authorisation is for payment purposes of the waste delivered to MAC Insular.
No, the rates are without VAT. The applicable VAT is the reduced rate, which is currently 10%.
The rate per tonne of construction and demolition waste management is variable depending on density, applying the polluter pays principle, since waste with a lower density means the material is dirtier and therefore its treatment is more costly.
In cash at the time of unloading at the plant, unless you are registered as a customer, or you have an original authorisation from a customer promoter. In these last two cases, at the end of the month, an invoice is issued for the amount corresponding to all deliveries made during that month. This invoice will be charged to the account provided in the contract, 30 days after the date of issue, in the case of private customers, or 60 days later, if the customer is a Public Administration.
No, they are completely independent concepts. Invoices must be paid to MAC Insular and the bond is deposited with the Consell de Mallorca, to be recovered once the work is finished, after proving correct waste management.
The list of admissible waste at MAC Insular's facilities can be found on the website, in the downloads section, or by clicking here.
Non-admissible waste must be delivered to authorised managers (consult the Environmental Information Point).
Fibrocement may contain asbestos, and therefore be hazardous waste. For this reason, it is not admissible waste at MAC Insular's facilities, unless it is certified that the fibrocement does not contain asbestos. This type of waste must be delivered to an authorised manager (consult the Environmental Information Point).
