What is controlled waste? The legal definition and duty-of-care implications
Last updated 31 August 2026
In short
Controlled waste is household, commercial and industrial waste defined in section 75(4) of the Environmental Protection Act 1990 and classified by the Controlled Waste (England and Wales) Regulations 2012. Anyone who produces, carries, keeps, treats or disposes of controlled waste has a statutory duty of care under s.34 EPA 1990, including a requirement to use authorised carriers and issue waste transfer notes.
"Controlled waste" is the statutory term that switches on the duty of care, waste transfer notes and carrier registration requirements. Understanding exactly what it covers — and what it does not — is the starting point for every waste compliance question in England and Wales.
What is the legal definition of controlled waste?
The term sits at the heart of UK waste law. Every significant compliance obligation — the s.34 duty of care, waste transfer notes, waste carrier registration, and the Digital Waste Tracking mandate — applies specifically to controlled waste. If your waste falls within the definition, these obligations apply to you.
Controlled waste is defined in s.75(4) Environmental Protection Act 1990 and classified into three categories — household, commercial and industrial waste — by the Controlled Waste (England and Wales) Regulations 2012 (SI 2012/811), which came into force on 6 April 2012.
What are the three categories of controlled waste?
The Regulations classify waste by where and how it is produced. The same material — cardboard packaging, for instance — can be household, commercial or industrial waste depending entirely on its source premises.
| Category | Source / premises | Common examples |
|---|---|---|
| Household | Domestic properties (private dwellings), caravans on caravan sites, residential care homes, educational premises (schools, universities), hospitals and nursing homes | Kitchen scraps, garden waste, DIY materials and old furniture from a private home |
| Commercial | Shops, offices, restaurants, hotels, sport and leisure facilities, theatres, concert halls, airports | Food waste from a restaurant, cardboard from a retail unit, office paper, packaging from a hotel |
| Industrial | Factories and manufacturing sites, building and demolition works, public utility works (water, gas, electricity, telecoms) | Factory offcuts, construction and demolition rubble, water-treatment sludge, cable trimmings |
A 2023 amendment (SI 2023/1243) added a specific provision for small volumes of construction waste produced by householders at their own property — loads under 100 litres per transport, and individual items smaller than 2,000 mm x 750 mm x 700 mm — enabling them to be treated as household waste for disposal at a Household Waste Recycling Centre free of charge.
What waste is NOT controlled waste?
| Excluded waste stream | Regulated under instead |
|---|---|
| Agricultural waste from farms, horticulture and forestry | Environmental Permitting (England and Wales) Regulations 2016 and the Waste (England and Wales) Regulations 2011 |
| Mining and quarrying waste | The Mining Waste Directive (2006/21/EC, retained in UK law) and associated regulations |
| Radioactive waste | Environmental Permitting Regulations (radioactive substances activities) and the Nuclear Decommissioning Authority framework |
| Sewage sludge applied to agricultural land under permit | The Sludge (Use in Agriculture) Regulations 1989 |
Waste that is excluded from the Controlled Waste Regulations does not require a waste transfer note, and transporting it does not require a waste carrier registration under the controlled waste regime. Those other regulatory regimes, however, still impose their own separate obligations.
Does the duty of care apply to controlled waste?
The duty of care requires you to:
- Prevent the unlawful deposit, treatment or disposal of controlled waste.
- Prevent the escape of waste from your control.
- Only transfer controlled waste to an authorised person — a registered waste carrier, or the holder of an environmental permit or registered waste exemption.
- Pass a written description of the waste with every transfer: a waste transfer note for non-hazardous controlled waste, or a hazardous waste consignment note for hazardous controlled waste.
Courts have unlimited fining powers for serious duty-of-care offences. Regulators can also issue fixed-penalty notices for minor breaches and can require waste to be cleared at the producer's expense.
Do you need a waste transfer note for controlled waste?
The waste transfer note documents the handover between the person giving up the waste and the person accepting it. Both parties sign it. An annual "season ticket" note can cover multiple transfers of the same type of waste between the same two parties, avoiding a new note for every collection run.
Does carrying controlled waste require a carrier licence?
Registration comes in two tiers: upper-tier (all carriers transporting waste for hire or reward, plus certain business waste producers carrying their own waste) and lower-tier (businesses carrying only their own waste, not for hire or reward). Upper-tier registrations must be renewed every three years; lower-tier registrations do not expire but must remain active.
This guide provides general information about controlled waste regulations in England and Wales, not legal advice. Always verify your obligations against the primary sources below and, where in doubt, consult your environmental regulator or a specialist adviser.
Frequently asked questions
- What is the legal definition of controlled waste?
- Controlled waste is household, commercial and industrial waste as defined in section 75(4) of the Environmental Protection Act 1990 and classified in the Controlled Waste (England and Wales) Regulations 2012 (SI 2012/811). The three categories cover the vast majority of waste produced by UK businesses and households.
- Is agricultural waste controlled waste?
- No. Agricultural waste produced on farms and agricultural premises is not controlled waste and falls outside the Controlled Waste Regulations 2012. It is regulated under separate legislation. Other main exclusions are mining and quarrying waste and radioactive waste.
- Does the duty of care apply to controlled waste?
- Yes. Section 34 of the Environmental Protection Act 1990 imposes a statutory duty of care on anyone who imports, produces, carries, keeps, treats or disposes of controlled waste. This requires using authorised carriers and issuing a written waste transfer note for every transfer of controlled waste.
- Do you need a waste transfer note for controlled waste?
- Yes. Every transfer of controlled waste requires a written waste transfer note. The note must describe the waste, identify both parties and confirm their authorisations. It must be retained for at least two years (three years for hazardous waste consignment notes).
- Is household rubbish collected by the council controlled waste?
- Yes. Waste from domestic properties is household waste, one of the three categories of controlled waste. However, the duty-of-care obligations primarily fall on businesses and others who produce, carry or handle waste commercially, not on residents using their local authority collection service.
Related guides
This guide is general information from ComplyWaste, not legal advice. Always check the primary sources for your situation.