Waste exemptions—a property and construction focus
Produced in partnership with RSK
Waste exemptions—a property and construction focus

The following Environment guidance note Produced in partnership with RSK provides comprehensive and up to date legal information covering:

  • Waste exemptions—a property and construction focus
  • Brexit impact
  • The definition of waste and the Waste Framework Directive
  • Environmental permits
  • Exemptions
  • Alternatives to permitting and exemptions
  • Crushing material

The issues concerning waste generation, storage, treatment and use is heavily regulated. The property and construction sector generate significant quantities of waste across the UK. The sector is under pressure to reduce waste from a variety of sources including:

  1. internal environmental management system (EMS) requirements

  2. client specifications

  3. planning conditions

  4. from a cost reduction perspective

The governing provisions for environmental permitting are now contained in the Environmental Permitting (England and Wales) Regulations 2016, SI 2016/1154 (EPR), which came into force on 1 January 2017. This EPR regime clarifies the position as to when an environmental permit is required for various operations. Typically property and construction sites attempt to re-use ‘materials’ wherever possible to ensure costs are minimised and higher sustainability credentials can be attained from the project. Many organisations have in the past taken the position that materials such as excavated soil and stones; building rubble and other demolition materials are ‘materials’; and have not considered them as waste. However, the legal position on this varies dependent upon a number of factors such as those identified within the Waste Framework Directive (2008/98/EC) (WFD).

Brexit impact

As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject