Building & Landscape Services

Meet your pest control, landscaping and waste duties

If you carry out pest control, use professional pesticides and herbicides, remove green waste or work near invasive non-native species, you take on duties beyond the workplace foundation. This guide takes you through biocidal-product authorisation, pesticide-competence certificates, the waste duty of care for green waste, and the law on invasive species such as Japanese knotweed and giant hogweed.

UK-wide
On this page
UK-wide

Related guides in Health & Safety

Building and landscape services carry four sets of duties on top of the workplace and employment foundation. Pest-control operators must use only authorised biocidal products and hold competence certificates for professional pesticides. Landscapers and grounds-maintenance contractors must comply with the waste duty of care when removing green waste and must not cause listed invasive non-native species to spread. The sections below take you through each duty in turn.

A. Use only authorised biocidal products

Biocidal products — rodenticides, insecticides, disinfectants and preservatives used in pest control and cleaning — may only be placed on the Great Britain market if they hold a product authorisation under the GB Biocidal Products Regulation (assimilated Regulation (EU) No 528/2012). The active substance must be approved for its product type. The Health and Safety Executive is the GB competent authority. If you supply or use biocidal products in Northern Ireland, check the position separately — Northern Ireland follows the EU Biocidal Products Regulation under the Windsor Framework, so the authorisation requirements there can differ.

B. Hold pesticide-competence certificates

If you apply professional plant-protection products — herbicides for weed control, insecticides, fungicides — you must comply with the Plant Protection Products (Sustainable Use) Regulations 2012. Operators must hold a certificate of competence (typically City and Guilds Level 2, or the PA1 foundation plus the relevant application module such as PA6 for hand-held applicators) or work under the direct supervision of a certificate holder. You must use only authorised products in line with the label, keep records of applications, and have your application equipment tested. The Health and Safety Executive (Chemicals Regulation Division) regulates in Great Britain. In Northern Ireland the Department of Agriculture, Environment and Rural Affairs (DAERA) regulates, and separate training requirements may apply.

C. Comply with the green-waste duty of care

Garden and landscaping waste — grass clippings, hedge trimmings, tree arisings, soil and turf — is controlled waste. If your business removes it from a customer's site, you must comply with the waste duty of care in section 34 of the Environmental Protection Act 1990: register as a waste carrier, transfer waste only to an authorised person, and complete waste transfer notes describing the waste. The Environment Agency registers waste carriers in England; Natural Resources Wales (NRW) in Wales, the Scottish Environment Protection Agency (SEPA) in Scotland and the Northern Ireland Environment Agency (NIEA) in Northern Ireland operate equivalent regimes.

D. Do not cause invasive non-native species to spread

Grounds and landscape contractors must not cause certain invasive non-native plants — such as Japanese knotweed, giant hogweed and Himalayan balsam — to spread in the wild. In England and Wales this is an offence under section 14 of the Wildlife and Countryside Act 1981 (Schedule 9 species). In Scotland the Wildlife and Natural Environment (Scotland) Act 2011 strengthened the controls on non-native species. In Northern Ireland the Wildlife (Northern Ireland) Order 1985 creates equivalent offences. Soil and plant material contaminated with listed species is also controlled waste, requiring disposal at a licensed facility. Treatment and removal must follow an approved management plan.

  1. 1

    1. Check your biocidal products are authorised

    Confirm that every rodenticide, insecticide, disinfectant and preservative you use holds a valid GB product authorisation under the GB Biocidal Products Regulation. Check the NI position separately if you operate there.

  2. 2

    2. Get your pesticide-competence certificates

    Make sure every operator applying professional herbicides, insecticides or fungicides holds a certificate of competence (or works under direct supervision of a certificate holder), and have your application equipment tested.

  3. 3

    3. Register as a waste carrier and use transfer notes

    Register with the Environment Agency (or the equivalent body for your nation) before you remove any green waste from a customer's site, and complete a waste transfer note for every load.

  4. 4

    4. Follow an invasive-species management plan

    If you encounter listed invasive non-native plants on a site, do not cause them to spread. Follow an approved management plan and dispose of contaminated soil and plant material at a licensed facility.

What to do next

With the workplace spine and these specialist duties in place, confirm the whole picture with the building and landscape services compliance checklist. If you are not sure which guides apply to you, start from the router.

Official sources

Authoritative guidance on biocides, pesticides, waste and invasive species.