Earthworks: what rules do you need to follow to remain legally compliant?
Are you planning to excavate and transport soil or other earth materials? If so, you'll need to comply with the rules governing earthworks. As the procedure is quite complex, we've summarised the key points below.
The rules governing earthworks are set out in VLAREBO, the Flemish Soil Remediation and Soil Protection Regulation. Their primary purpose is to prevent contaminated soil from being reused.
As the legislation is fairly extensive, we've summarised the key points for you.
What are earth materials?
Simply put, earth materials are materials found in the ground. 😉 This includes excavated soil, as well as:
dredged material;
desilted sediment;
soil slurry;
bentonite sludge.
What about asbestos?
VLAREBO also includes guidance on dealing with asbestos. This enables clients commissioning earthworks to take the appropriate precautions to guarantee the safety of everyone who may come into contact with the excavated materials.
When do you need to carry out a soil investigation?
If you're excavating less than 250 m³ of soil, a soil investigation is only required if the ground is considered potentially contaminated or if the excavated material is to be removed from the site.
For projects involving more than 250 m³ of excavated soil – which is usually the case for non-private projects – the client is almost always required to have a soil investigation carried out before the works begin. Once the client has a technical report, the contractor is legally authorised to carry out the works.
The OVAM website explains when a soil investigation is mandatory and how to obtain a technical report.
In addition, the client must obtain a declaration of conformity for the technical report from an approved soil management organisation, such as Grondbank or Grondwijzer.
How do you correctly follow the traceability procedure?
Anyone required to obtain a technical report must also follow the VLAREBO traceability procedure. This is the contractor's responsibility:
The contractor submits the necessary information about the earthworks to Grondbank or Grondwijzer. The soil management organisation then issues an earthworks permit.
The transport of earth materials by vehicle combinations with a gross weight exceeding 3.5 tonnes must be documented using official transport documents. The contractor applies for this from the soil management organisation, an approved (temporary) storage site or an approved soil treatment centre. Since 2019, this reporting requirement has also applied to the transport of less than 250 m³ of soil. The contractor provides the documents to the client, who must keep them for five years.
Once the works have been completed, the contractor requests a soil management report from the soil management organisation. A copy of this report is given to the client as proof that the earth materials have been transported and delivered in accordance with the regulations.
The Grondbank website includes a handy diagram explaining the traceability procedure for your earthworks.
Tip: make sure both the client and the contractor submit the required applications and documentation well in advance. This helps avoid unnecessary delays to the project. Depending on the type of project, the timeframe ranges from a few days (for small volumes and non-suspicious soil) to several weeks for a technical report.