U1 waste exemption: use of waste in construction (2024)

Waste exemptions are changing and this will affect anyone who carries out a waste exemption activity. Defra’sconsultation supplementary response documentand its annexes explain the changes. This sets out which exemptions will be withdrawn or restricted. Changes to the exemptions are likely to start in 2025 but timescales have not been finalised.

Construction means building or engineering work including:

• repairing, altering, maintaining or improving existing work
• preparatory or landscaping work

You can only landscape or reclaim land when it is an integral part of the construction activity.

Types of activity you can carry out

These include:

• using crushed bricks, concrete, rocks and aggregate to create a noise bund around a new development and then using soil to landscape the area
• using road planings and rubble to build a track, path or bridleway
• using woodchip to construct a track, path or bridleway
• bringing in soil from somewhere else to use in landscaping at housing developments, or as part of another construction activity

Types of activity you cannot carry out

You cannot:

• treat waste to make it suitable to use – see the section on ‘related exemptions’
• use waste that is physically or chemically unsuitable
• use more waste than you need – you must be able to justify the amount needed
• use waste for landscaping or land reclamation if it is not integral to a construction activity (such as infilling a hollow) or if it is disproportionate in scale to the construction activity
• register or renew this exemption at the same place for 3 years after the end of the first registration, other than for the purpose of repairing, altering, maintaining or improving existing work – ‘altering’ and ‘improving’ here means making relatively small but purposeful changes to the construction scheme
• de-register and then register this exemption at the same place within a 3 year period
• store the waste for longer than 12 months before you use it

Using more waste than your exemption allows

You must get an environmental permit if you need to use more waste than you are allowed under this exemption.

Check if you can meet the criteria for the standard rules permit SR2015 no 39: use of waste in a deposit for recovery operations. When you apply you must provide a waste recovery plan.

You can apply for a bespoke permit if you cannot meet the conditions of the standard rules permit. Check the guidance on deposit for recovery operators: environmental permits.

Types of waste you can use

The waste types you can use under this exemption are grouped into 5 tables. These show the maximum quantities you can use and the places you can use them.

You can use a combination of wastes from each of the tables, subject to the specified restrictions, provided you do not exceed the limits for each table.

You must make sure your waste fits within the waste code and the description in the table.

For any type of construction

You can use up to a total of 5,000 tonnes of the waste from this list for any type of construction:

For drainage work

Drainage authorities, such as Internal Drainage Boards, local authorities or the Environment Agency, can use up to 5,000 tonnes of non-hazardous dredging spoil for drainage work. This work must be carried out in accordance with any flood risk activity permit and relevant legislation.

For construction

You can use up to a total of 1,000 tonnes over any 3 year period of the waste in this table for construction.

For tracks, paths, bridleways or car parks

You can use up to 1,000 tonnes of the waste listed in the table to build tracks, paths, bridleways or car parks. The waste must be processed into chips before you use it.

For roads

You can use up to 50,000 tonnes in any 3 year period of the waste in this table for building roads. The road should be constructed to a specific engineering standard and have a sealed surface to qualify for this larger limit.

You may use a combination of wastes from each of the tables, provided you do not exceed the limits for each table.

What else you may need with a U1 exemption

As well as registering this exemption, you may also need to comply with other legislation. This could include:

• planning permission
• an environmental permit

If you propose building in the floodplain or near a watercourse, you must contact your lead local flood authority (county council or unitary authority), Internal Drainage Board and the Environment Agency.

Do this before you start to discuss whether you need any consent other than planning permission.

You can operate under this exemption along a ‘linear place’ such as a highway. The guidance on the meaning of ‘place’ in the waste exemption system gives examples of when the Environment Agency will accept linear arrangements for use of waste in construction under U1. It includes different tonnage limits.

These are related exemptions where you can use or treat waste:

• U8: using waste for a specified purpose

• T5: screening and blending of waste

• T6 treating waste wood and waste plant matter by chipping, shredding, cutting or pulverising

• T7: treating waste bricks, tiles and concrete by crushing, grinding or reducing size (you need to register this with your local authority)

Register a U1 exemption

1. 10 May 2024

   Updated the message at the start to say changes to exemptions are expected to start in 2025 but that timescales have not been finalised.

2. 29 June 2023

   Updated the example activities to better reflect the intended scope of the exemption. Removed references to out of date legislation. Updated the order of the information to make it easier to follow.

3. 9 February 2023

   We have added information about changes to this waste exemption that are likely to happen during 2024 to 2025.

4. 12 September 2019

   First published.