Autor

Luis Palacios
Director
Costa Rica
E-mail

The construction industry is one of the most environmentally impactful sectors worldwide, primarily due to the large volume of waste it generates. However, in Costa Rica, there has historically been a regulatory gap concerning the management of construction waste, as governmental oversight has traditionally been reserved for when construction is completed, and buildings are already in operation.

To address this issue, the Government issued the Regulation for the Management of Construction and Demolition Waste (Executive Decree No. 44843-S), which will take effect in July 2025. This regulation establishes obligations for companies and individuals engaged in construction, remodeling, expansion, or demolition projects.

The regulation imposes specific requirements for waste generators, implements a digital logbook system for monitoring and control, defines oversight measures, and establishes penalties for non-compliance. Below, we detail these obligations:

Obligations for Waste Generators

The regulation differentiates between major and minor waste generators based on the project’s size.

  1. Obligations for Major Waste Generators

Major waste generators are projects that exceed 300 m² of construction or demolition area. In these cases, the regulation mandates the following:

  • Development of a Comprehensive Waste Management Plan: This plan must be prepared before the project begins and should include:
  • Classification and segregation of waste at the construction site.
  • Proper disposal of waste through authorized waste management companies.
  • Measures to minimize and reuse waste whenever possible.
  • Designation of a specific area for temporary waste storage.
  • Maintenance of a Digital Logbook with the CFIA: This logbook must report:
  • Written agreements with authorized waste management companies.
  • Records of waste deliveries, specifying quantity, type, and date.
  • Use and percentage of recycled materials incorporated into the project.
  • Documentation of the final waste disposal process.
  • Submission of Quarterly Reports via the Single Investment Window (VUI): Major waste generators must submit quarterly reports and a final report at the end of the project. These reports should detail the general project data, types of waste generated, and quantities disposed of.
  1. Obligations for Minor Waste Generators

Minor waste generators are projects smaller than 300 m² whose obligations are less stringent but remain mandatory:

  • Development of a Waste Management Plan:
  • Unlike major generators, this plan does not need to be reported to the Single Investment Window but must be available on-site.
  • Waste must be classified and segregated at the site.
  • Waste must only be delivered to authorized waste management companies or municipal collection facilities, where available.

Oversight and Penalties

In cases of non-compliance, the Ministry of Health or municipalities may impose the following measures:

  • Temporary suspension of the project or immediate closure until violations are corrected.
  • Fines and economic penalties up to eight times the highest municipal waste management service fee.
  • Complaints filed before the Administrative Environmental Tribunal if environmental damage is suspected.

The obligations outlined in this regulation align with a broader governmental trend to promote a circular economy, emphasizing environmental impact prevention and strategic decision-making before initiating construction projects.

For optimal compliance with this regulation and to reduce process redundancy, a more in-depth assessment of waste management during the environmental impact evaluation stage is recommended.

For more information, contact us at [email protected]