Your household waste duty of care
You are responsible for your waste until it has been disposed of properly, even after someone else has taken it away.
What the duty is
Under the Environmental Protection Act 1990, anyone who produces waste has a “duty of care” to take reasonable steps to make sure it is dealt with legally. For householders that mostly means handing waste only to someone authorised to take it, such as your council, a household waste recycling centre or a registered waste carrier.
What you should do
- Check the carrier is registered before they take anything.
- Get a receipt or waste transfer note, and keep it.
- Ask where the waste is going if you are unsure.
- Report anyone you suspect of dumping to your council.
What can happen if you do not
If waste from your home is found fly-tipped and traced back to you, the council can issue a fixed penalty notice (currently up to £400 in England) or, in serious cases, prosecute. Amounts and rules can change, so check with your council.
If you run a business
Businesses have extra duties, including keeping written records of waste transfers for at least two years (three years for hazardous waste consignment notes) and using a registered carrier. The code of practice above explains these in full.
More guides
How to check a waste carrier is registered
Anyone who takes your waste away as a business must be a registered waste carrier. Here is how to check in a few minutes, and the warning signs to look for.
Fly-tipping: what to do and who is responsible
What counts as fly-tipping, how to report it, and why handing waste to the wrong person can make you responsible. Plain-English help for UK householders.
Getting rid of bulky items: your options
Sofas, mattresses, fridges and old furniture: the legal ways to get rid of bulky household items in the UK, from council collections to registered carriers.
Skip hire or man and van: which is right?
Skip hire or a man and van? How the two compare for household clearances in the UK, what a skip permit is, and what to check before you book.
Questions to ask before hiring someone to take your waste
A short checklist of questions to ask a rubbish removal company before you book: registration, insurance, where the waste goes and what paperwork you will get.
Waste transfer notes: what householders need to know
What a waste transfer note is, whether you need one for household waste, and why keeping a receipt from your waste carrier is a good idea.