What is the waste duty of care for builders in England?
If you produce waste on a job, you are responsible for it until it reaches someone authorised to take it. You have to check the carrier is registered, describe the waste in writing, and keep a waste transfer note for 2 years or a hazardous waste consignment note for 3.
The waste you produce is yours
The waste duty of care code of practice lists builders among the waste producers. GOV.UK says any waste from construction or demolition is business waste, and that you must keep it to a minimum, store it safely, check your carrier is registered and not let a carrier dispose of it illegally.
The code counts a builder who normally and regularly carries their own waste as a waste carrier too, and GOV.UK says you must register as a waste carrier if you want to dispose of your own waste regularly. Registration is usually free if you only transport waste you produce yourself. Carrying other people's waste needs an upper tier registration. Store waste securely and keep different types apart.
Check the carrier before you hand waste over
Before you give waste to a skip firm or any other carrier, check they are registered. The code says an authorised person holds a carrier, broker or dealer registration, or runs a site with an environmental permit or registered exemption. In England you can search the Environment Agency's public register of waste carriers, brokers and dealers, or ring 03708 506 506. Ask for their registration number or permit and check it on the register.
The code says to record the checks you make, because they are evidence that you met your duty of care. If you suspect someone is not authorised, do not give them your waste and report it to the Environment Agency.
Waste transfer notes
For each load of non-hazardous waste that leaves your site you need a waste transfer note, or a document with the same information, such as an invoice. Both you and the business taking the waste fill in your parts, sign it, and keep a paper or electronic copy for 2 years. You must show it to an enforcement officer from the council or the Environment Agency if asked.
The code says the description has to be accurate and include:
- the waste classification (List of Waste or EWC) code
- the quantity, the nature of the waste, and whether it is loose or in a container, and what type
- the time and place of the transfer
- your SIC code
- the names, addresses and signatures of both parties, and the capacity each is acting in, with the permit or registration number
- a statement that you have applied the waste hierarchy
For regular collections of the same non-hazardous waste, by the same carrier, you can use a season ticket for up to a year with a schedule of each transfer. Keep both for 2 years after the last transfer.
Hazardous waste
Asbestos, solvents, batteries, many chemicals and oils are examples. Classify your waste first. For hazardous waste you need a consignment note, not a waste transfer note. GOV.UK says to fill in the parts that apply to you (parts A and B for a producer), keep one copy and give two to the carrier. Keep your records, including consignment notes and consignee returns, for 3 years at the premises that produced or stored the waste. Check the waste site has an environmental permit too.
The waste hierarchy
Regulation 12 of the Waste (England and Wales) Regulations 2011 says anyone who produces, collects or transports waste must, when it is transferred, take all reasonable measures to apply this order of priority:
- prevention
- preparing for re-use
- recycling
- other recovery, such as energy recovery
- disposal
You can depart from the order where that gives the best overall environmental outcome and life-cycle thinking justifies it.
Digital waste tracking
GOV.UK says that from October 2026 the government digital waste tracking service is mandatory for permitted and licensed receiving sites in England and Wales, so the tip or transfer station records each load it takes in. A second phase is planned for waste carriers, brokers and dealers, mandatory from October 2027. Waste transfer notes and the duty of care checks above still apply, so check GOV.UK for the current position.
Householders and site waste management plans
A homeowner has a separate, narrower duty: to take reasonable measures to hand household waste only to an authorised person, such as a registered carrier. They do not need waste transfer notes. If a tradesperson works on their home, the code says the tradesperson is responsible for the waste they produce, including its transport and disposal, and that cost should be in the price. GOV.UK says the same. If the householder adds their own waste to your skip, the duty of care applies to that waste.
Site waste management plans were once required for building projects in England. The Site Waste Management Plans Regulations 2008 were revoked from 1 December 2013, so there is no legal requirement to have one. The duty of care rules above still apply. Check your contract or planning conditions in case a client still asks for a plan, and keep your own record of loads and carrier checks.
Sources
- GOV.UK: Dispose of business or commercial waste
- GOV.UK: Hazardous waste
- GOV.UK: Waste duty of care code of practice
- GOV.UK: Register or renew as a waste carrier, broker or dealer
- GOV.UK: Dispose of household waste
- legislation.gov.uk: Waste (England and Wales) Regulations 2011, regulation 12
- legislation.gov.uk: Site Waste Management Plans Regulations 2008 (revoked)
- legislation.gov.uk: Environmental Noise, Site Waste Management Plans and Spreadable Fats etc. (Revocations and Amendments) Regulations 2013
- GOV.UK: Developing the digital waste tracking service