U1 waste exemption: use of waste in construction

Construction means building or engineering work - including repairing, altering, maintaining or improving existing work and preparatory or landscaping work.

Land reclamation is only allowed 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

Types of activity you cannot carry out

You cannot:

• treat waste to make it suitable to use - see related exemptions T5, T6 and T7 (you need to register T7 with your local authority), for treatment options
• dispose of waste by using waste that is unsuitable or by using more waste than is needed. You need to be able to justify the amount needed
• use waste for land reclamation, for example by infilling a hollow
• register this exemption more than once at the same place for 3 years after registration
• de-register and then renew this exemption at the same place within a 3 year period
• store the waste for longer than 12 months before you use it

Types of waste you can use

The types of waste you can use under this exemption have been grouped together into 5 tables. These show the maximum quantities you can use and conditions for using the specific types of waste.

The waste codes are those listed in the List of Wastes (LoW) Regulations. You need to make sure your waste fits within the waste code and the description in the table.

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

Within the 5,000 tonnes total, the waste described below can only be used for drainage work carried out under the Land Drainage Act 1991, the Water Resources Act 1991 or the Environment Act 1995. This is work that can be carried out only by drainage authorities such as Inland Drainage Boards, local authorities or the Environment Agency:

You can use up to a total of 1,000 tonnes of the waste in this list for construction:

Within the 1,000 tonnes total, you can only use the waste below to build tracks, paths, bridleways or car parks. The waste must be processed into chips before you use it:

You can use up to a total of 50,000 tonnes of the waste in this list for building roads only. The road should be constructed to a specific engineering standard and have a sealed surface in order 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 are building in the floodplain or near an ordinary watercourse, contact your lead local flood authority (county council, unitary authority or Internal Drainage Board) to discuss whether any consent other than planning permission is needed. This exemption can be carried out along a linear place such as a highway.

Guidance: meaning of ‘place’ for a linear site

Related exemptions

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)

Using more waste than your exemption allows

If you need to use more waste than you are allowed under this exemption, you will need to apply for an environmental permit. Standard rules permits are available for using waste in construction not covered by this exemption:

Standard permits for waste operations

Register a U1 exemption

You must register this exemption with the Environment Agency if you meet the requirements.