Understand your waste duty of care

Learn what the law requires when producing, storing, and disposing of business waste. Covers transfer notes, hazardous waste, and carrier verification.

Key penalties and requirements

The Environmental Protection Act 1990 makes you legally responsible for waste from creation to final disposal. Even if you pay someone to take it away, you remain liable for how it's handled.

All businesses that produce, import, keep, store, transport, treat, or dispose of waste have a legal duty of care to ensure waste is managed properly from creation to final disposal. This applies regardless of business size.

Legal basis: Environmental Protection Act 1990, Section 34
Applies to: All businesses and organisations that produce or handle waste
Waste transfer notes: Required for every transfer of non-hazardous waste - keep for minimum 2 years
Consignment notes: Required for hazardous waste transfers - keep for minimum 3 years
Carrier verification: Only transfer waste to registered waste carriers - check public register
Fly-tipping fixed penalty: Up to £1,000 (increased from £400 from April 2025 for England)
Fly-tipping prosecution: Unlimited fine and/or up to 5 years imprisonment
Director liability: Directors can be prosecuted personally for waste offences committed with consent or negligence

Waste duty of care code of practice (opens in a new tab)

environment.data.gov.uk

Check the public register of waste carriers (opens in a new tab)

Verify your waste contractor is registered with the Environment Agency before any waste transfer.

gov.uk

Register as a waste carrier (if needed) (opens in a new tab)

If you transport your own business waste to a tip or recycling centre, you must register. Lower tier registration is free.

gov.uk

Classify your waste correctly (opens in a new tab)

Find the right European Waste Catalogue code for your waste. Misclassifying hazardous waste as non-hazardous is a criminal offence.

Construction site waste compliance

Detailed guidance on carrier registration, duty of care documentation, and environmental permits for construction waste operations.

Construction waste carrier fees

Construction businesses must register as waste carriers before transporting any waste, including their own site waste. Fees and processes vary by nation.

Construction businesses must register as a waste carrier even when transporting their own construction or demolition waste. This is a legal requirement across England, Wales, and Scotland with different fees and processes by nation.

England upper tier new registration: £191.02 (3-year validity)
England upper tier renewal: £130.25 (every 3 years)
Wales upper tier new registration: £169 (3-year validity)
Wales upper tier renewal: £116 (VAT exempt)
Scotland own waste transport: Free registration with SEPA
Lower tier registration: £0 (applies when not transporting others' waste)
Registration validity period: 3 years (upper tier) or indefinite (lower tier)
Change notification period: 28 days (must notify regulator of changes)

Simpler Recycling for businesses

Understand the requirements for separating recyclable waste and food waste, in force for most businesses since 31 March 2025.

Simpler Recycling requirements

These requirements affect how you segregate and store waste on your premises. If you are a micro-firm, plan ahead of the 31 March 2027 deadline to avoid disruption.

From 31 March 2025, all businesses in England must separate recyclable waste for collection. This "Simpler Recycling" requirement aims to increase business recycling rates and align with household recycling.

Start date (large businesses): 31 March 2025 (250+ employees)
Start date (SMEs): 31 March 2027 (fewer than 250 employees, except micro businesses)
Start date (micro businesses): 31 March 2027 (fewer than 10 employees)
Materials to separate: Glass, metal, plastic, paper/card, food waste (if produce 5kg+ per week)
Food waste threshold: 5kg per week - below this, food waste separation not required
Collection method: Either separate bins for each material OR single mixed recycling bin (dry materials) if collector accepts
Enforcement: Local authorities will enforce - approach focused on education initially

Simpler Recycling guidance (opens in a new tab)

Digital waste tracking is being phased in

A digital waste tracking service is replacing paper waste documentation in stages: a voluntary phase opened in April 2026, waste-receiving sites must use it from October 2026 (January 2027 in Scotland), and carriers and brokers from October 2027. Start reviewing your waste documentation processes now.

The digital waste tracking service remains in public beta. Mandatory use has not commenced because the required secondary legislation has not yet been made. The published timetable moved the laying of that legislation to summer 2026, with no confirmed mandatory go-live date.

Current status: Public beta; not yet mandatory
Mandating legislation: Not yet made; laying was expected in summer 2026
Applies to: All waste producers, carriers, and facilities in England
Current system: Paper waste transfer notes (retained 2 years) and consignment notes (retained 3 years)
Proposed system: Electronic records created at point of transfer, accessible via government portal once the mandate commences
Existing software: Some waste management software will integrate directly with government system
Benefits: Automatic compliance records, easier auditing, better enforcement, reduced fly-tipping

Digital waste tracking (opens in a new tab)

Manufacturing waste compliance

Sector-specific guidance for manufacturers including hazardous waste, packaging obligations, and environmental permits.

gov.uk

Report fly-tipping or waste crime (opens in a new tab)

Report illegal waste dumping to your local authority or the Environment Agency.

Managing business waste and duty of care compliance

Related journeys

Meet environmental compliance requirements

Run a construction business

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Environmental compliance for manufacturers