In April, 2025, the Ministry of Environment, Forest and Climate Change (MoEFCC) notified the Environment (Construction and Demolition) Waste Management Rules, 2025. These rules, which will come into force on April 1, 2026, introduce an Extended Producer Responsibility (EPR) framework for the management of construction and demolition (C&D) waste.

The regulation imposes obligations on producers to recycle C&D waste, incorporate recycled materials into new projects, register on official portals, and report their compliance. Initially proposed in July 2024, the final rules reflect a one-year deferment of the enforcement date and include some relaxed provisions compared to the original draft.

Key Definitions

• Producer: An entity generating C&D waste, specifically the occupier or person in charge of a building or project with a built-up area of 20,000 square meters or more.
  
• Waste Generator: The occupier of a project who has full control over activities like construction, demolition, renovation, or remodeling that result in waste generation.

Main Obligations for Producers and Waste Generators

1. Registration
   Entities must register on a dedicated portal to be developed by the Central Pollution Control Board (CPCB) within six months from the date of rule publication.
   
2. Waste Management Plan
   Producers must prepare and submit a waste management plan to local authorities, detailing the expected quantity and types of waste.
   
3. EPR Targets
   Producers are required to recycle a specified percentage of generated waste, with annual targets progressively increasing to reach 100% by the year 2028–29.

Although the rules officially come into force in 2026, they outline obligations for the 2025–26 period as well, leading to some legal uncertainty.

Construction and reconstruction projects are also required to incorporate a specified percentage of recycled materials.

Materials Covered Under EPR Obligations

Materials such as cement concrete, bricks, cement plaster, stones, rubble, and ceramic tiles will be counted toward EPR compliance. However, materials like iron, wood, plastic, metal, and glass are excluded from these obligations.

Additional Compliance Requirements

1. Annual Reporting
   Entities must submit data on waste generation and related metrics by May 15 each year.
   
   
2. Incident Reporting
   Any accidents related to waste handling must be reported to the State Pollution Control Board within 24 hours.
   
   
3. Other Responsibilities
   Producers must ensure proper segregation, storage, and transfer of waste to authorized recyclers.

Environmental Compensation Framework

Non-compliance with the rules will attract penalties known as environmental compensation. However, a portion of the fine may be refunded if the violation is rectified within a specified period:

• 85% refund if corrected within 1 year
• 60% refund if corrected within 2 years
• 30% refund if corrected within 3 years
• No refund after 3 years

Stay ahead in sustainability compliance with Global PCCS —where expert insights meet the latest regulations. Unlock a future where compliance fuels sustainability, helping your business thrive in a greener, well-regulated world. For more information, contact us at info@globalpccs.com