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The Controlled Waste (England and Wales) (Amendment) (England) Regulations 2023

Overview

In a bid to streamline waste management practices and align them with evolving needs, the Controlled Waste (England and Wales) (Amendment) (England) Regulations 2023 were passed to introduce crucial changes to the classification and treatment of construction or demolition waste in England. This blog article dives into the intricacies of the amendments, outlining the key requirements, impacts on businesses, and shedding light on the types of businesses directly affected.

These Regulations mark a pivotal moment in waste management legislation in England. Enacted under the authority of the Environmental Protection Act 1990, the amendments specifically target the classification of construction or demolition waste. The primary objective is to redefine how such waste is treated, introducing conditions that determine whether it falls under the category of household waste.

The amendments made by these Regulations include:

  • Amendment to Schedule 1: Entry 9 in Schedule 1 of the Controlled Waste (England and Wales) Regulations 2012 is revised. The amendment specifies that waste from construction or demolition works, including preparatory works, is considered industrial waste unless certain conditions are met.
  • Treatment as Household Waste: Construction or demolition waste is to be treated as household waste for specific purposes under the Environmental Protection Act 1990. The treatment as household waste is applicable to waste produced at a domestic property by occupiers conducting their own construction or demolition works.

Furthermore, to qualify for treatment as household waste, the construction or demolition waste must meet specific conditions:

  • It must not be from works for which payment has been or will be made.
  • The amount of waste delivered to a waste disposal site in a single visit must be below 100 litres or capable of fitting into two 50-litre bags, or a single article of waste not larger than 2000mm x 750mm x 700mm.
  • The waste delivered to waste deposit sites should not exceed four single visits per household in any four-week period.

Guidance on waste classification can be found here.

The Controlled Waste (England and Wales) (Amendment) (England) Regulations 2023 came into force on the 31st of December 2023 and apply to England.

controlled waste regs

Do the Controlled Waste (England and Wales) (Amendment) (England) Regulations 2023 affect my business?

These Regulations may have the following impacts on businesses:

  • Construction companies may benefit from reduced disposal costs for certain types of waste if they meet the criteria for household waste. Ensuring compliance with size and volume criteria may require adjustments in waste management practices.
  • Authorities responsible for waste disposal may need to make adjustments to billing processes based on the reclassification of construction or demolition waste. Clear communication with construction companies is crucial to align practices with the amended regulations.
  • Individuals or households undertaking their construction or demolition works need to be aware of the conditions for their waste to be treated as household waste. Providing clear guidelines on waste size, quantity, and visit frequency is essential to ensure compliance.

Businesses, waste disposal authorities, and individuals conducting their works must proactively adapt to the amended regulations to ensure efficient and compliant waste management in England. As the waste management landscape evolves, these regulations pave the way for a more sustainable and streamlined approach to handling construction and demolition waste.

Do I need the Controlled Waste (England and Wales) (Amendment) (England) Regulations 2023 in my ISO Compliance Register?

You will need the Controlled Waste (England and Wales) (Amendment) (England) Regulations 2023 in your ISO Compliance Register if your business is included below:

  • Construction Companies: Businesses engaged in construction or demolition works, including preparatory works, are directly affected by the regulations. They must comply with the reclassification and conditions for the treatment of construction or demolition waste.
  • Waste Disposal Authorities: Authorities responsible for waste disposal are impacted by the changes in the classification of construction or demolition waste. They need to adjust billing processes and communicate effectively with construction companies.
  • Occupiers Conducting Own Works: Individuals or households undertaking their construction or demolition works on their domestic property are directly affected. They need to be aware of the conditions under which their waste can be treated as household waste.

Legislation related to the Controlled Waste (England and Wales) (Amendment) (England) Regulations 2023

Legislation related to the Controlled Waste (England and Wales) (Amendment) (England) Regulations 2023 include:

More information

Visit the Controlled Waste (England and Wales) (Amendment) (England) Regulations 2023 article on the legislation.gov.uk website.

Create an account in the ISO Compliance Register App and add this article (which are updated by the Controlled Waste (England and Wales) (Amendment) (England) Regulations 2023) to your Register.