Waste management in company premises or rented buildings where legal or natural persons do business has its strict rules.

A common mistake: Thinking that a business can automatically use containers and collection within the municipal system just like ordinary citizens. 

Reality: It's more complicated - and ignorance can lead to administrative penalties.

In this article, we clearly explain what the legal options are and what to look out for.

KEY DIFFERENCE: MUNICIPALITY ≠ COLLECTION COMPANY
Act No. 541/2020 Coll. on waste makes a clear distinction between two types of entities:

• The municipality operates a system for municipal waste primarily for citizens.
• An entrepreneur can only be involved exceptionally, if allowed by municipal ordinance, and on the basis of a contract with the municipality.
• A collection company is a private entity that can offer services to businesses on a contractual basis. This is the most common option.

CAN THE LANDLORD OF THE BUILDING ARRANGE COLLECTION FOR THE TENANT (COMPANY, BUSINESS)?
✔️ Yes - but only within the legal framework.

What is not possible: - The landlord may not collect waste from tenants and hand it over to the municipality unless he is himself an authorised person under the law.
What is possible: - Contract with a collection company for the whole building, where the company provides the collection and the costs are distributed among the tenants (e.g. according to the lease agreement).

✅ WHAT OPTIONS DOES THE ENTREPRENEUR HAVE?

• Contract with the municipality If the municipal ordinance allows it, the entrepreneur can enter into an individual contract (often for sorted waste).
• Contract with a waste collection company The classic solution - the entrepreneur has his own containers, contract and responsibility for waste management according to the law.
• Joint solution through the landlord The collection is handled by a company hired by the landlord of the building in which the entrepreneur has an establishment; the conditions must be clearly stipulated in the contract.
• Buy-back or bag collection Some waste (e.g. paper, metals) can be handed over to buy-back companies. Some municipalities also offer bag collection to businesses.

⚠️ WHAT TO LOOK OUT FOR?

• Without a contract with the municipality, a business cannot use public containers intended for households.
• The landlord cannot "single-handedly" deliver the tenant's waste to the municipality.

RECOMMENDATIONS FOR CONCLUSION
Do you want to keep your waste management issues in order? Focus on these three points:

1. Do you know your municipality's rules? - Not every municipality allows businesses to participate in the system.
2. Do you have the right contracts in place? - Whether with the municipality, the collection company or the landlord. 
3. Are you acting in accordance with the law? - Informal agreements will not help you in the inspection.

If you are not sure what solution is best for you, contact us. We will be happy to help you with the legal set-up of the system.

Mgr. Martina Petlachová, lawyer 
Mgr. Jaroslav Hroza, Partner