Author: Administrator

Posted on

Does the Control of Asbestos Regulations apply to my business?

If your business owns, manages or is responsible for repairing a non-domestic building, or if your people could disturb the fabric of a building during their work, the Control of Asbestos Regulations 2012 (CAR 2012) almost certainly apply to you. Asbestos was not fully banned in the UK until 1999, so any building built or refurbished before 2000 may contain it. This guide explains who is covered, what you must do, and how to check your own position.

Who do the Control of Asbestos Regulations apply to?

CAR 2012 apply to almost every workplace in Great Britain, but the duties you hold depend on your role. Three groups are caught:

  • Owners and managers of non-domestic premises. Offices, shops, factories, warehouses, schools, farms, care homes and pubs all count, as do the shared areas of blocks of flats and other multi-occupancy homes.
  • Tenants with repair or maintenance responsibility. If your lease makes you responsible for the fabric of the building, you share the duty to manage asbestos, or hold it outright.
  • Employers whose staff may disturb asbestos. Electricians, plumbers, joiners, gas fitters, decorators, telecommunications engineers and facilities teams can all drill into, cut or damage asbestos-containing materials without knowing it.

Self-employed people are covered in the same way as employers. Homeowners living in their own private home are not dutyholders, but a tradesperson working in that home still is.

Does the Control of Asbestos Regulations Apply to You?

Do your business premises have asbestos? Do your employees come into contact with it?

The duty to manage asbestos (Regulation 4)

Regulation 4 is the part that catches most small and medium-sized businesses. If you have it, you must:

  1. Find out whether asbestos is present. Take reasonable steps to locate materials likely to contain it, and assume a material contains asbestos unless you have strong evidence it does not.
  2. Keep a written record of where it is, what condition it is in and how much there is. This is your asbestos register.
  3. Assess the risk that anyone could be exposed to fibres from those materials.
  4. Prepare a management plan that says how you will keep the risk under control, and put it into action.
  5. Review and monitor the plan and the register, especially after any change to the building or the condition of the materials.
  6. Pass the information on to anyone likely to disturb the materials, including contractors, before they start work.

The usual starting point is an asbestos management survey carried out by a competent surveyor, following HSE guidance in HSG264. Sampling and analysis should use a UKAS-accredited laboratory. Asbestos left in good condition and unlikely to be disturbed can often stay where it is, as long as it is managed.

Work that disturbs asbestos

Separately from the duty to manage, CAR 2012 sets rules for any work that could disturb asbestos. These depend on the type of material and the risk of releasing fibres.

  • Licensed work. Work on higher-risk materials such as sprayed coatings, lagging and most asbestos insulating board must be done by a contractor licensed by the HSE. The work must be notified to the enforcing authority, normally at least 14 days in advance.
  • Notifiable non-licensed work (NNLW). Some lower-risk work does not need a licence but must still be notified, and workers need health surveillance and records of the work must be kept.
  • Non-licensed work. Short, low-risk tasks, such as removing a few asbestos cement sheets or drilling into textured coating, still need proper controls, trained workers and a risk assessment.

If your employees do any of this work, you must also give them information, instruction and training at the right level for what they do. Even workers who never handle asbestos on purpose need asbestos awareness training if their work could disturb it.

Quick check: does it apply to my business?

Your situationDoes CAR 2012 apply?What it means for you
You own or manage a non-domestic building built before 2000YesYou hold the duty to manage: survey, register, risk assessment and management plan
You rent premises and your lease makes you responsible for repairsYesYou share or hold the duty to manage, so check your lease and agree responsibilities in writing
You rent premises, the landlord handles all repairs and maintenancePartlyThe landlord holds the duty, but you should ask to see the asbestos register and plan
You manage shared areas of flats or a multi-occupancy buildingYesCommon areas are covered by the duty to manage
You send staff into other people’s buildings (trades, maintenance, installers)YesStaff need asbestos awareness training and must check the register before starting work
Your premises were built after 2000 and have not been refurbished with older materialsUnlikelyKeep a record of how you decided, and check if the building has been altered
You work from your own private homeNoThe duty to manage does not cover private homes, but trades working in them are still covered

If you cannot say for certain which row you fall into, treat the regulations as applying until you have checked.

Northern Ireland, the Isle of Man and the Republic of Ireland

CAR 2012 itself applies in Great Britain. If you operate elsewhere, different legislation applies, although the principles are very similar.

If your business has premises in more than one jurisdiction, you need to manage each site against the law that applies there.

What happens if you ignore the regulations?

Breaches of CAR 2012 are prosecuted regularly. Penalties include unlimited fines and, in serious cases, prison sentences for individuals. Beyond the legal risk, unmanaged asbestos can lead to contractors, cleaners or staff being exposed, claims for illness that can take decades to appear, and delays or cost increases when a refurbishment or sale uncovers material you did not know about.

Frequently asked questions

Do I need an asbestos survey? If you hold the duty to manage and cannot show the building is asbestos-free, a survey is the normal way to meet it. A refurbishment and demolition survey is needed before any major building work.

Does it apply to a small office or shop? Yes. Size makes no difference. If the building is non-domestic and you own it, manage it or are responsible for repairs, the duty applies.

Does it apply if I only rent my premises? It depends on your lease. The duty falls on whoever has repair or maintenance responsibility, or on the person who controls the premises. Where there is no clear owner of the duty, the person in control of the building holds it.

How often should I review my asbestos register? There is no fixed interval. Review it when anything changes, such as damage, building work or a change in use, and carry out regular condition checks. Many businesses reinspect known materials once a year.

Do my staff need training? Anyone whose work could disturb asbestos needs asbestos awareness training. Those who carry out non-licensed or notifiable work need higher levels of training.

Next steps

  1. Establish when your premises were built and whether they have been altered.
  2. Check your lease, or ask your landlord, to confirm who holds the duty to manage.
  3. Ask for the asbestos register and management plan, or arrange a survey if there is none.
  4. Make sure anyone working on the building sees the register before they start.
  5. Arrange asbestos awareness training for staff who could disturb the fabric of the building.

We review your business premises and activities to determine which legislation applies to you as well as detailing the steps you need to take to comply. To discuss your needs further, please contact one of our team.

This article is general guidance and does not constitute legal advice or replace advice on your own premises.

Posted on

EU vs UK Environmental Regulation After Brexit: A Business Guide

Position as at October 2026. Regulation in this area is moving quickly, so check the current status of individual measures before acting.

When the UK left the EU, the government’s stated aim was to keep environmental standards at least as high as before while gaining the freedom to regulate differently. Six years on, the picture is more complicated than either “race to the bottom” or “business as usual” suggests. The UK and EU have diverged in some areas, drifted passively apart in others, and are now deliberately re-aligning in a few of the most commercially important ones.

This article compares the two systems, explains where they differ and why, and sets out what the direction of travel means for businesses that operate in, or trade with, both markets.

EU UK environmental regulation post Brexit

EU vs UK Environmental Regulation, what has changed since Brexit?

Summary: the key points

  • Structure. The UK retained most EU-derived environmental law as “assimilated law” in 2021, but now amends it independently. The EU has kept legislating, so divergence is partly active (UK changes) and partly passive (the EU changes and the UK does not follow).
  • Governance. The UK replaced Commission and Court of Justice oversight with the Office for Environmental Protection (OEP), which has real powers but fewer than its EU counterparts.
  • Chemicals. UK REACH and EU REACH are now separate regimes, with separate registrations, deadlines and costs. Neither side is currently pursuing a full rewrite.
  • Climate and carbon. The UK runs its own Emissions Trading Scheme. Both sides are now moving towards linking them, alongside border carbon taxes (CBAMs).
  • Planning and nature. England has taken a distinctive route through the Planning and Infrastructure Act 2025, which the OEP and NGOs have criticised as weakening protections.
  • Simplification. Both sides are in a deregulatory mood. The EU’s “omnibus” programme and the UK’s planning reforms pursue similar goals by different means.
  • Northern Ireland. NI still applies a defined body of EU law under the Windsor Framework, creating a three-way compliance map across the EU, Great Britain and Northern Ireland.

1. The legal starting point

On 31 December 2020 the UK converted EU environmental law into domestic law through the European Union (Withdrawal) Act 2018. Directly applicable EU regulations became UK statutory instruments, and directives that had been implemented through UK legislation stayed in place. In 2023 the Retained EU Law (Revocation and Reform) Act renamed this body “assimilated law” and ended the special status it had held.

On day one the two systems were almost identical. The divergence since then comes from three sources:

  1. Active divergence: the UK changes or replaces a rule.
  2. Passive divergence: the EU adopts new legislation and the UK does not follow.
  3. Internal divergence: England, Scotland, Wales and Northern Ireland make different choices on devolved matters such as waste, water and nature.

The third source matters more than it is often given credit for. Because environmental policy is largely devolved, there is no single “UK” regime in many areas.

2. Governance and enforcement

Before Brexit, the European Commission could investigate member states and bring them before the Court of Justice, which could impose financial penalties. After Brexit, the UK’s Environment Act 2021 created the Office for Environmental Protection, which scrutinises government performance, investigates alleged failures and can bring enforcement proceedings.

Differences worth noting:

FeatureEUUK (England-focused)
Oversight bodyEuropean Commission, with Court of Justice backstopOffice for Environmental Protection
Sanctions on governmentCourt-imposed fines on member statesDeclarations and enforcement through the courts; no equivalent fines
Environmental principlesEmbedded in the TreatiesStatutory duty to have due regard to a policy statement on environmental principles
Target settingBinding EU-level targets (climate, nature restoration, waste)Statutory targets set domestically under the Environment Act 2021 and Climate Change Act 2008

The OEP has been willing to criticise the government, including on the planning reforms discussed below, but its powers are narrower than those of the Commission and Court, and the UK government’s response to its recommendations is advisory in practice.

3. Chemicals: two REACH regimes

Chemicals regulation is where divergence is most visible to businesses, because it creates direct, duplicated costs.

UK REACH took effect on 1 January 2021 and applies in Great Britain. It is administered by the Health and Safety Executive with policy led by Defra. It has its own registrations, its own substance evaluation and its own restrictions and authorisation lists. The government is developing an Alternative Transitional Registration model (ATRm) to reduce data requirements and cost, and, because the legislation could not be completed in time, it has extended the transitional registration deadlines to 27 October 2029, 2030 and 2031.

EU REACH continues to apply in the EU and, for most purposes, in Northern Ireland. The Commission spent years preparing a major revision, but it confirmed in April 2026 that it would not open the regulation. It is instead pursuing simplification through secondary legislation, plus stronger enforcement against non-compliant products at EU borders and in the market. A large PFAS restriction proposal is expected to progress by the end of 2026.

What this means in practice:

  • A business supplying both markets needs two sets of registrations, or access to two sets, and must manage two substance lists.
  • Neither side is currently converging, and neither is conducting a wholesale rewrite.
  • Enforcement is likely to be the main change in the EU, while cost and data requirements are the main uncertainty in GB.

4. Climate policy and carbon markets

Separate trading schemes, heading towards a link

The UK left the EU Emissions Trading System and launched the UK ETS in 2021. The UK scheme is smaller and has historically traded at a lower price. It is expanding, including a commitment to bring waste incineration in from 2028.

At the May 2025 UK-EU summit, both sides agreed in principle to link the two schemes. The EU Council approved a negotiating mandate in November 2025, and negotiations have been under way since early 2026. Linking would require the UK to track relevant EU rules “dynamically”, and would allow allowances to be traded across both markets. The intended scope includes power, industry, aviation and maritime.

Carbon border taxes

The more immediate pressure comes from carbon border adjustment mechanisms:

  • The EU CBAM entered its definitive phase on 1 January 2026. UK exporters of covered goods such as steel, aluminium, cement and fertiliser currently receive no exemption. Importers will declare 2026 emissions by September 2027.
  • The UK CBAM starts on 1 January 2027, covering aluminium, cement, fertiliser, hydrogen and iron and steel. Importers above a £50,000 registration threshold will be liable. Indirect emissions are excluded until 2029 at the earliest. Primary legislation is in the Finance Act 2026, with secondary legislation still being finalised.

A completed ETS link would create conditions for mutual CBAM exemptions, but only once the agreement is in force, so there is a real risk of paying both ways in the interim. Businesses in covered sectors should treat this as a live cost issue, not a distant policy debate.

5. Nature, planning and development

This is where UK and EU approaches have diverged most politically.

England has pursued a more flexible planning route. The Planning and Infrastructure Act 2025, which became law in December 2025, creates Environmental Delivery Plans prepared by Natural England and a Nature Restoration Fund. Developers can pay a Nature Restoration Levy instead of carrying out some site-specific assessment and mitigation. The government’s position is that this provides a different route to meet existing obligations, not a removal of protections. The OEP and several nature charities have argued it reduces the level of legal protection for specific habitats and species, and the Act’s amendments responded to part of that criticism. Secondary legislation on how the levy operates was consulted on over summer 2026.

Biodiversity net gain is also evolving. It is due to become mandatory for nationally significant infrastructure projects from 2 November 2026, while a separate consultation has examined exempting brownfield development.

The EU has taken a more target-led approach through measures such as the Nature Restoration Law, which sets binding restoration objectives for member states. At the same time, the Commission has said it will stress-test the Habitats and Birds Directives, so a softening of site-based protection is under discussion in Brussels too.

The honest comparison is that both sides are under pressure to speed up infrastructure and housing, and both are testing how far that can go before it undermines nature protection. The UK has moved first and in a more structural way in England.

6. Industrial regulation and simplification

The EU has set out a programme of “omnibus” simplification packages. The Environmental Omnibus, proposed in December 2025, targets industrial emissions, circular economy reporting, extended producer responsibility, environmental assessments and geospatial data. The Commission says it will save around €1 billion a year for business. The Council agreed its position in June 2026, and EU leaders have set a goal of concluding all simplification packages by the end of 2027.

Changes proposed include allowing environmental management systems under the Industrial Emissions Directive to be prepared at company level instead of per installation, and simplifying reporting for livestock and aquaculture operators. The Council has retained a chemicals inventory requirement as a monitoring tool.

In Great Britain, industrial permitting remains based on the Environmental Permitting Regime derived from the previous EU framework. The UK has focused its reform energy on planning and infrastructure delivery rather than rewriting industrial emissions rules, so the more important divergence for permitted sites is likely to come from what the EU changes and the UK leaves alone.

7. Dynamic alignment: the reset

The most significant strategic shift is political. As part of the “reset” of UK-EU relations, the UK has agreed to pursue dynamic alignment with EU law in three areas: a sanitary and phytosanitary (SPS) agreement, ETS linking, and participation in the EU electricity market. UK participation in decision-shaping and a financial contribution to the EU’s work were also agreed. Electricity negotiations were formally launched in March 2026.

For environmental regulation, this has several consequences:

  • SPS alignment would reverse a number of post-Brexit divergences in areas such as pesticides, food and feed. Campaign groups argue that GB pesticide standards have fallen behind the EU’s, so alignment would raise the bar in some cases.
  • Reduced regulatory freedom. Critics, including some parliamentarians, argue that tracking EU rules limits the UK’s ability to set its own course. The House of Lords European Affairs Committee opened an inquiry into dynamic alignment in March 2026, including its implications for devolution.
  • Timing. The government has indicated it wants legislation by the end of 2026 so an SPS agreement can take effect around mid-2027, but the detail remains subject to negotiation.

8. Northern Ireland: a third regime

Under the Windsor Framework, Northern Ireland continues to apply EU law on goods, including much environmental product legislation. Examples include EU REACH and CLP, and much of the EU Packaging and Packaging Waste Regulation, while Great Britain follows domestic packaging and producer responsibility rules. The EU Deforestation Regulation is set to apply in NI in phases from 30 December 2026, and the UK government has indicated it will consult on a GB regime covering similar commodities.

This produces a three-way compliance map. A single product placed on the EU, NI and GB markets can face different packaging, chemicals and supply chain due diligence rules, and GB producers selling into NI may need to change practices to meet EU requirements.

9. Side-by-side comparison

AreaEUGreat Britain / UK
OversightCommission and Court of JusticeOffice for Environmental Protection
ChemicalsEU REACH; full revision shelved; simplification by secondary legislationUK REACH; ATRm in development; deadlines 2029 to 2031
Carbon pricingEU ETS; CBAM definitive phase from January 2026UK ETS; UK CBAM from January 2027; ETS linking under negotiation
Nature and planningBinding restoration targets; Habitats Directives under reviewEnvironmental Delivery Plans and Nature Restoration Fund in England
Industrial emissionsIED recast; omnibus simplification under negotiationEnvironmental Permitting Regime; less active reform
PackagingPPWRDomestic packaging and EPR rules (EU PPWR largely applies in NI)
DeforestationEUDR applying from December 2026 (phased in NI)GB regime proposed; consultation planned
Direction of travelSimplify and enforce, but keep objectivesDeregulate delivery, re-align selectively through the reset

What this means for businesses

  1. Treat the UK as at least two markets. GB and NI will continue to follow different rules for the foreseeable future, and the EU is a third.
  2. Plan for double chemicals compliance. Map which substances are registered under each REACH regime and monitor ATRm developments.
  3. Model carbon border exposure now. If you import or export steel, aluminium, cement, fertiliser or hydrogen, work out your CBAM liability on both sides and what an ETS link might change.
  4. Watch dynamic alignment. It may improve predictability for agri-food and energy-intensive trade, but it also means EU decisions will increasingly shape GB rules.
  5. Expect planning and permitting to change in England. If your projects affect protected sites, follow the Nature Restoration Levy regulations and Environmental Delivery Plan roll-out.
  6. Build a regulatory horizon scan. With both sides in reform mode, a quarterly review of legislative changes will prevent costly surprises.

Conclusion

The post-Brexit story in environmental law is neither a collapse in standards nor a frozen copy of EU rules. It is a gradual and uneven separation, now partially reversed by political choices to re-align in carbon, agri-food and energy. The most useful way for businesses to think about it is as a moving map: stable in some places, fast-changing in others, and increasingly shaped by trade as much as by environmental policy.

This article is for general information only and is not legal advice. Regulations and deadlines change, so confirm the current position with the relevant regulator or a qualified adviser.

Posted on

What Businesses Need to Comply with UK REACH?

If your business makes, imports or uses chemicals in Great Britain, UK REACH almost certainly affects you. Since the end of the Brexit transition period, GB has operated its own chemicals regime, separate from EU REACH, and the rules, deadlines and costs have been shifting ever since.

This guide explains who UK REACH applies to, what you must do, and the practical steps to take now.

What is UK REACH?

UK REACH (Registration, Evaluation, Authorisation and Restriction of Chemicals) is the Great Britain chemicals regulation that took over from EU REACH on 1 January 2021. It is administered by the Health and Safety Executive (HSE) as the UK REACH agency, with policy led by Defra.

Its core principle is “no data, no market“: a substance on the GB market must be registered, and the information needed to use it safely must be available and passed down the supply chain.

Important: UK REACH applies in England, Scotland and Wales. Northern Ireland continues to follow EU REACH under the Windsor Framework, so businesses trading across the UK may need to comply with both systems.

UK REACH compliance

Does REACH apply to your business?

Who needs to comply?

Your obligations depend on your role in the supply chain.

RoleWhat it meansTypical obligations
ManufacturerYou make a substance in GBRegister substances at 1 tonne or more per year; classify and label; supply compliant safety data sheets
ImporterYou bring a substance, a mixture or an article into GB from outside GB, including from the EURegister substances at 1 tonne or more per year; meet transitional notification or registration requirements; communicate hazards downstream
Downstream userYou use chemicals in your business activities (formulators, manufacturers, industrial and professional users)Follow the safety data sheet and exposure scenarios; check that suppliers are registered; pass information up and down the chain
Distributor / retailerYou store and sell chemicals without changing themPass on safety information; check the supply chain is compliant
Article producer / importerYou make or import products such as equipment, furniture or textilesNotify and communicate on SVHCs in articles; check restrictions apply

Obligations apply per legal entity, so a group with several GB companies needs to assess each one.

The main UK REACH requirements

1. Registration

Manufacturers and importers of substances at 1 tonne or more per year must register them with HSE. Because most businesses could not complete full registrations on day one, the government introduced transitional arrangements:

  • Grandfathering: companies that held an EU REACH registration could carry it across to UK REACH.
  • Downstream User Import Notification (DUIN): downstream users who had been importing from the EU could notify HSE and keep trading while full registration deadlines run.
  • New Registration of Existing Substances (NRES): a route for substances that were not already registered under EU REACH but were on the GB market.
  • Inquiry and registration of new substances: substances not previously on the GB market need a full registration before supply.

2. Transitional registration deadlines

The deadlines have been pushed back twice. Defra has been developing an Alternative Transitional Registration model (ATRm) that is intended to reduce data requirements and costs. Because the ATRm could not be legislated before the original first deadline of October 2026, the government extended the submission dates. The revised deadlines are 27 October 2029, 27 October 2030 and 27 October 2031, phased by tonnage and hazard:

  • 27 October 2029: the highest tonnage and hazard band (broadly substances at 1,000 tonnes or more per year, and certain highly hazardous substances at lower tonnages)
  • 27 October 2030: substances at 100 tonnes or more per year
  • 27 October 2031: all other substances at 1 tonne or more per year

Even with extra time, you should not wait. The detailed ATRm information requirements are still being finalised, and data gathering, supplier agreements and cost-sharing take time.

3. Safety data sheets and communication in the supply chain

Suppliers must provide safety data sheets (SDS) that meet UK REACH requirements, and downstream users must apply the advice in them. Make sure your SDSs carry the correct GB details and that you have a process to update them when information changes. Where substances of very high concern (SVHCs) are present in articles above the threshold concentration, you must pass on information so the articles can be used safely.

4. Restrictions

Annex 17 of UK REACH lists substances and uses that are restricted or banned. If you manufacture, supply or use a restricted substance, you need to confirm that your use is permitted and that any conditions are met. Restrictions can apply to substances on their own, in mixtures and in articles.

5. Authorisation

Substances of very high concern can be added to the Authorisation List (Annex 14), after which they cannot be used or placed on the GB market without authorisation. Watch the UK REACH Candidate List and the Authorisation List and check whether any of your substances are listed.

6. Classification and labelling

UK REACH works alongside GB CLP, which governs the classification, labelling and packaging of hazardous chemicals. Suppliers must classify and label correctly, and use the GB mandatory classifications where they apply.

Practical steps to get compliant

  1. Map your chemicals. List every substance and mixture you make, import or use, with volumes and suppliers.
  2. Confirm your role. Identify whether you are a manufacturer, importer, downstream user, distributor or article producer for each substance.
  3. Check your supply chain. Ask suppliers whether they hold a UK REACH registration or notification, and get confirmation in writing.
  4. Review your transitional status. Establish whether you have a grandfathered registration, a DUIN, an NRES submission or nothing at all.
  5. Check tonnage bands and deadlines. Work out which deadline applies to each substance and plan backwards from it.
  6. Review safety data sheets. Check they are current and meet UK requirements.
  7. Screen for restrictions and SVHCs. Check your substances and products against Annex 17 and the Candidate and Authorisation Lists.
  8. Assign responsibility and keep records. Name an owner for UK REACH, and keep evidence of your assessments and supplier correspondence.
  9. Monitor developments. Follow HSE and Defra updates on the ATRm, fees and deadlines.

What happens if you do not comply?

Supplying or using chemicals in breach of UK REACH can lead to enforcement action by regulators, including notices and prosecution, as well as commercial risk. Non-compliant supply chains can lose market access, and customers increasingly require evidence of regulatory compliance.

Frequently asked questions

Does UK REACH apply if I only import from the EU? Yes. Since 1 January 2021, substances imported from the EU into GB are treated as imports and can carry registration or notification duties.

Does UK REACH apply in Northern Ireland? No. Northern Ireland follows EU REACH under the Windsor Framework, although businesses moving goods between NI and GB may face obligations under both regimes.

Do small businesses need to comply? Yes. There is no general exemption for small businesses, although the 1 tonne per year threshold means many smaller businesses fall into the downstream user category rather than registrant.

Have the deadlines changed? Yes. The transitional registration deadlines were extended to 27 October 2029, 2030 and 2031. Check the current position with HSE or Defra before making decisions.

How we can help

UK REACH sits alongside COSHH, GB CLP and your wider health, safety and environmental duties. We can help you map relevant legislation for your business and compile a legal register. The register will also include details of how your business must comply with each piece of legislation.

Contact us to discuss your legal register requirements.

This article is for general information only and is not legal advice. Regulations and deadlines change, so confirm the current position with HSE, Defra or a qualified adviser.

Posted on

What Businesses Need an Environmental Permit?

If your business could pollute the air, water or land, there is a good chance it needs an environmental permit. Operating a regulated facility without one is a criminal offence, and the consequences can include unlimited fines, enforcement notices, prosecution and, in serious cases, imprisonment.

The tricky part is that “regulated facility” covers a far wider range of businesses than most people expect. It is not just chemical plants and landfill sites. Dry cleaners, vehicle dismantlers, farms, food manufacturers, concrete producers and even businesses running a standby generator can all fall within scope.

This guide explains which businesses need an environmental permit, who regulates them, and how to work out where you stand.

A note on jurisdiction: this article focuses on England and Wales, where environmental permitting is governed by the Environmental Permitting (England and Wales) Regulations 2016. Scotland, Northern Ireland and the Republic of Ireland each operate their own regimes, detailed in a summary at the end.

What is an environmental permit?

An environmental permit is a legal authorisation to carry out an activity that could harm the environment or human health. It sets out conditions the operator must meet, such as emission limits, monitoring requirements, waste handling rules and pollution-control measures.

Permits are issued to the operator of the facility, meaning the person or business that controls how it runs day to day, not necessarily the landowner.

An environmental permit is not the same as planning permission, an ISO 14001 certificate or a waste carrier registration. Each has a separate legal purpose, and holding one does not remove the need for the others.

What Businesses Need an Environmental Permit?

Does your business need an environmental permit?

Which businesses need an environmental permit?

Under the 2016 Regulations, you need a permit (or must register an exemption) if you operate a “regulated facility”. The main categories are below.

1. Industrial installations (Part A(1), Part A(2) and Part B)

Larger industrial processes are regulated as installations. They are split into three tiers based on environmental risk:

  • Part A(1) installations are regulated by the Environment Agency (or Natural Resources Wales). They cover the highest-impact activities such as large chemical manufacturing, refining, metals production, major energy and large-scale waste treatment.
  • Part A(2) installations are regulated by the local authority and cover emissions to air, water and land from medium-impact activities such as some glass, ceramics and surface treatment processes.
  • Part B installations are also regulated by the local authority, but focus on emissions to air only. Typical examples include petrol stations, dry cleaners, mobile crushing plant, concrete batching, coating and printing processes, wood processing and some food and animal feed manufacture.

2. Waste operations

If you treat, store, recycle, recover or dispose of waste, you will generally need a permit. This includes:

  • Landfill sites
  • Waste transfer stations
  • Metal recycling and vehicle dismantling sites
  • Anaerobic digestion and composting facilities
  • Waste incineration, gasification and pyrolysis plants
  • Hazardous waste treatment sites

Some lower-risk waste activities may qualify for an exemption, which still requires registration with the regulator and compliance with set limits on quantities and types of waste. Many businesses assume they are exempt without checking, which is a common route to enforcement action.

3. Combustion plants and generators

Businesses running boilers, engines, turbines or generators can fall within permitting requirements depending on their thermal input. Medium combustion plants (roughly 1 to 50 megawatts thermal input) and specified generators, including some standby and backup generators, may need a permit or registration. This surprises many hospitals, data centres, manufacturers and large commercial sites.

4. Discharges to water and groundwater

You may need a permit if you discharge anything to surface water or groundwater, including trade effluent that is not going to a public sewer, treated sewage effluent from a private system, or cooling water. Some activities that could affect groundwater, such as injecting substances into the ground, also require authorisation.

5. Flood risk activities

Work in, over, under or near a main river, flood defence or sea defence may need a flood risk activity permit. This is relevant to construction, civil engineering, landscaping and riverside development, not just industrial operators.

6. Radioactive substances

Businesses that keep, use or dispose of radioactive material or radioactive waste may need a permit or registration. This can include some hospitals, laboratories, industrial gauging operations and sites handling naturally occurring radioactive material.

7. Mining waste operations

Operators that manage waste from mineral extraction, such as tailings, overburden and waste rock, fall within the regime.

8. Solvent emissions and other specific activities

Processes using significant volumes of organic solvents (for example in printing, coating or cleaning), as well as some intensive farming operations (large pig and poultry units above set capacity thresholds), also require permits.

Who regulates environmental permits?

The regulator depends on the activity:

ActivityRegulator (England)
Part A(1) installationsEnvironment Agency
Part A(2) and Part B installationsLocal authority (environmental health or environmental protection team)
Waste operations and mining wasteEnvironment Agency
Water discharges, groundwater activities, flood risk activitiesEnvironment Agency

In Wales, Natural Resources Wales takes the Environment Agency’s role.

What happens if you operate without a permit?

Operating a regulated facility without a permit, or breaching permit conditions, is an offence. Possible consequences include:

  • Enforcement and stop notices requiring you to cease operating
  • Unlimited fines in the Crown Court
  • Prison sentences for individuals in serious cases
  • Prosecution of directors and senior managers where an offence is committed with their consent or neglect
  • Clean-up and remediation costs
  • Reputational damage and difficulties with insurers, lenders and customers

Regulators also publish enforcement outcomes, so a conviction is rarely a private matter.

How to check if your business needs a permit

  1. Identify every activity on site. Consider waste handling, combustion plant, solvent use, discharges and any work near watercourses, not just your core process.
  2. Use the official checker. GOV.UK provides a “check if you need an environmental permit” tool covering permits, exemptions and standard rules.
  3. Check for standard rules permits. Many common activities can be covered by pre-set standard rules, which are quicker and cheaper than a bespoke permit.
  4. Speak to the regulator early. The Environment Agency or your local authority can confirm whether an activity needs a permit and which type. Pre-application advice can save months and reduce wasted application documents and assessments.
  5. Keep records. If you conclude no permit is needed, document your reasoning in case a regulator challenges it.

What about Scotland, Northern Ireland and the Republic of Ireland?

The principles are similar, but the legal framework and regulator differ:

If you operate across more than one jurisdiction, you cannot assume a permit in one place covers another.

Frequently asked questions

Do small businesses need an environmental permit? Size does not determine whether you need one. What matters is the activity. A small dry cleaner or a small vehicle dismantler can need a permit just as a large manufacturer can.

Is an exemption the same as not needing a permit? No. An exemption usually has to be registered, and it only applies if you stay within strict conditions.

Can I apply for a permit myself? Yes, the operator can apply directly. For complex sites, many businesses use a consultant to prepare risk assessments, management systems and technical submissions, because errors cause delays and rejections.

How long does a permit take? It varies widely. Standard rules permits can be relatively quick and determined within 6-8 months, while bespoke permits for complex sites can take even longer. Regulators set statutory determination periods, and incomplete applications restart the clock.

Do permits cost money? Yes. There is typically an application charge and an annual subsistence charge, which vary by activity and risk rating. Check the current charging scheme with the relevant regulator.

Need help working out whether you need a permit?

Getting this wrong is expensive, whether that means operating illegally or paying for a permit you did not need. At Ashbrooke Management Consultants, we help businesses identify which legislation applies to business operations and sites. Once identified, we compile all the legislation into a register and include the steps required to be compliant.

If you need to identify the legislation applicable to your business, please contact one of our team.

Posted on

Does My Business Need to Comply with the Waste Regulations?

Short answer: yes. If you run a business, charity or any other workplace, you produce waste, and if you produce waste, you have legal duties. The size of your business, the type of waste and where you operate change which duties apply, but there is no sector or headcount that switches them all off.

This guide explains the main waste obligations for businesses in England, what has changed recently, and how to check whether you are compliant. It also flags where Wales, Scotland and Northern Ireland differ.

What do we mean by “the Waste Regulations”?

There is no single set of regulations called “the Waste Regulations”. Businesses are usually caught by a combination of:

  • The waste duty of care (Section 34, Environmental Protection Act 1990), which applies to everyone who produces, keeps, carries, treats or disposes of business waste.
  • The Waste (England and Wales) Regulations 2011, which require businesses to take all reasonable steps to apply the waste hierarchy (prevent, reuse, recycle, recover, then dispose).
  • Workplace recycling rules (“Simpler Recycling”), which require businesses in England to separate certain waste streams.
  • Hazardous waste regulations, which apply if you produce waste that is harmful to people or the environment.
  • Producer responsibility rules, covering packaging, electrical and electronic equipment (WEEE) and batteries, which apply depending on what you place on the market.
  • Digital waste tracking, a new system that is rolling out in phases.

Which of these apply to you depends on your answers to a few simple questions, covered below.

1. The duty of care: it applies to every business

If your business produces waste of any kind, the duty of care applies to you. In practice it means you must:

  • Store waste safely and securely so it cannot escape, be stolen or cause pollution.
  • Only pass waste to an authorised person, such as a registered waste carrier or a permitted site. Check the carrier’s registration on the Environment Agency public register.
  • Describe the waste accurately and complete a waste transfer note (or hazardous waste consignment note) for each transfer. Waste transfer notes should be kept for at least two years; hazardous waste consignment notes for at least three years.
  • Take reasonable steps to make sure the waste is managed lawfully after it leaves your premises.

You remain responsible for your waste until it has been properly disposed of or recovered. If a “man with a van” takes it and tips it illegally, you can still be prosecuted. Penalties for duty of care offences can include unlimited fines, and serious cases can lead to imprisonment.

2. Workplace recycling: Simpler Recycling in England

England’s Simpler Recycling reforms require workplaces to separate their waste into core streams, working with their waste collector. In broad terms these are:

  • Dry recyclables (paper and card, plastic, metal and glass)
  • Food waste
  • Residual (general) waste

The key dates are:

DateWho is covered
31 March 2025Businesses and non-domestic premises with 10 or more full-time equivalent (FTE) employees
31 March 2027Micro-firms with fewer than 10 FTE employees

Points that catch people out:

  • Headcount is counted across the whole organisation, not per site. Three sites with five staff each is a 15-person business, not three micro-firms.
  • It is not just offices and shops. Charities, schools, care homes and other non-domestic premises are in scope.
  • Staff kitchens count. If your premises produce waste similar to household waste, the rules apply to it.
  • Plastic film and bags are due to be added to the plastic stream at a later date than originally planned. Check current guidance for the latest timetable.

If you do not comply, the Environment Agency can issue compliance notices.

If you are a micro-firm, the 2027 deadline is closer than it feels. Talk to your waste collector now about containers, collection frequency and contract changes.

3. Hazardous waste

Many businesses produce hazardous waste without realising it. Common examples include:

  • Fluorescent tubes and some other lighting
  • Batteries
  • Waste oils, solvents, paints and adhesives
  • Asbestos
  • Some electrical equipment and electronic screens
  • Clinical and healthcare waste
  • Certain chemical-contaminated materials

If you produce hazardous waste you must classify it correctly, keep it separate from non-hazardous waste, use a registered carrier, and complete consignment notes for each movement. Mixing hazardous waste with other waste is generally unlawful.

4. Digital waste tracking: what has just changed

Digital waste tracking is designed to replace much of the paper-based system with a single national digital service, to improve traceability and tackle waste crime.

  • From 1 October 2026, operators of permitted waste receiving sites in England and Wales must record the waste they receive through the government’s digital service. Scotland and Northern Ireland have their own timetables, so check the position there.
  • Waste collectors, carriers, brokers and dealers are expected to follow in a later phase, anticipated from October 2027.
  • Waste producers have no mandatory date yet.

For now, you must carry on completing waste transfer notes and consignment notes as normal. However, it is sensible to ask your waste contractor how they are preparing, because the data they will need from you is likely to increase.

Business waste bins separated for dry recycling, food waste and general waste

Do you know what waste your business produces?

5. Producer responsibility: packaging, WEEE and batteries

Separate from the day-to-day waste you throw away, you may have obligations because of what you supply:

  • Packaging: extended producer responsibility (EPR) rules require larger businesses that supply or handle packaging to report packaging data and pay fees. Thresholds are based on turnover and tonnage, so check whether you are in scope.
  • WEEE: businesses that sell electrical and electronic equipment have take-back and financing duties.
  • Batteries: businesses that supply batteries have their own registration and take-back duties.

If you manufacture, import or sell products, take specific advice on these.

6. Does it apply outside England?

Yes, although the detail differs.

  • Wales: workplace recycling regulations have applied since April 2024, requiring separate collection of core materials, including food waste.
  • Scotland: the Waste (Scotland) Regulations 2012 require businesses to present dry recyclables and, for many, food waste for separate collection.
  • Northern Ireland: separate legislation applies, including duties to segregate recyclables, with its own timetable for digital waste tracking.
  • Republic of Ireland and the Isle of Man: each has its own waste legislation, and the English rules above do not apply.

If you operate across more than one jurisdiction, you need to manage each site against the local rules.

A quick compliance checklist

Ask yourself:

  1. Do I know what types and volumes of waste my business produces?
  2. Is any of it hazardous, and is it classified and segregated correctly?
  3. Is my waste collector or carrier registered, and do I hold up-to-date transfer notes and consignment notes?
  4. Do I separate dry recyclables, food waste and general waste as required for my size and location?
  5. Have I recorded my headcount across the whole organisation to confirm which deadline applies?
  6. Do my staff know what goes where?
  7. If I supply packaging, electrical goods or batteries, have I checked my producer responsibility obligations?
  8. Do I know what my contractor needs from me for digital waste tracking?

If you cannot answer yes to all of these, a waste compliance review is a sensible next step.

What happens if you get it wrong?

Consequences can include compliance notices, fixed penalties, prosecution with unlimited fines, and reputational damage, particularly if your waste ends up fly-tipped or illegally dumped. Poor waste management is also frequently a health and safety issue, from fire risks in poorly stored waste to manual handling injuries and exposure to hazardous substances.

How we can help

Waste compliance sits alongside health, safety and environmental management, and many businesses find it easier to deal with them together. We can prepare a legal register detailing each piece of waste legislation that applies to your business and what you must do to comply with it. We can also maintain this register when new legislation is introduced or your sites or operations change.

Contact one of our team to find out how we can help you with your waste obligations.

This article is general guidance and not legal advice. Legislation and deadlines change; please contact us for advice on your specific circumstances.

Posted on

When Does DSEAR Apply?

Short answer: DSEAR applies whenever your work involves a substance that could cause a fire, explosion or similar energetic event. The Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR) cover far more than heavy industry. Petrol, solvents, LPG, wood dust, flour and even the hydrogen given off by charging forklift batteries can bring a workplace within scope.

This guide explains when DSEAR applies, which activities are excluded and what employers need to do.

What is DSEAR?

DSEAR is the main piece of Great Britain’s health and safety law for protecting people from the fire and explosion risks of dangerous substances at work. It requires employers to assess those risks and then eliminate or reduce them, so far as is reasonably practicable. The regulations are enforced by the Health and Safety Executive (HSE) and, for some premises, local authorities.

What is a “dangerous substance” under DSEAR?

A substance counts as dangerous under DSEAR if it could cause harm through fire, explosion or a similar energetic reaction. This includes:

  • Flammable liquids, such as petrol, solvents, thinners, alcohols and some paints, varnishes and adhesives
  • Flammable gases, such as LPG, propane, acetylene, hydrogen and natural gas
  • Aerosols containing flammable propellants
  • Flammable solids, such as certain metal powders
  • Oxidising substances and organic peroxides, which can feed or intensify a fire
  • Self-reactive, self-heating and pyrophoric substances, which can ignite without an obvious ignition source
  • Substances that give off flammable gas on contact with water
  • Combustible dusts, such as flour, sugar, grain, wood, paper, plastics and some metal dusts, which can form explosive clouds when dispersed in air

Look at hazard pictograms and the supplier’s safety data sheets, these are a good first indicator of whether a substance is covered.

DSEAR

Does DSEAR apply to you?

What is an explosive atmosphere?

DSEAR is particularly concerned with explosive atmospheres. These are mixtures of air and flammable gases, vapours, mists or dusts in which, once ignited, burning spreads through the whole mixture. A small leak in a poorly ventilated room, a cloud of dust in a hopper or vapour from a spray booth can each create one. If there is also an ignition source (a spark, static electricity, a hot surface or an electrical fault), the result can be devastating.

When does DSEAR apply to my business?

DSEAR applies when dangerous substances are present at work, whether you:

  • Use them in a process, such as spraying, mixing, cleaning or welding
  • Store them, for example solvents, gas cylinders or fuel
  • Produce or handle them, intentionally or as a by-product (such as dust from sanding or cutting)
  • Transport them within or around your premises

It applies regardless of business size or sector. Typical examples include:

  • Vehicle repair, spraying and refinishing
  • Woodworking, joinery and furniture manufacture
  • Food and drink production, milling and bakeries
  • Warehousing, including battery charging areas
  • Engineering, welding and fabrication
  • Waste and recycling, where dust, gases and fire risks are common
  • Farms, including grain stores and fuel storage
  • Laboratories, schools and universities
  • Petrol stations and fuel depots

DSEAR protects employees, contractors, visitors and members of the public who could be affected by your work, and self-employed people have duties too. Small quantities can still bring DSEAR into play, although the controls needed should be proportionate to the risk.

When does DSEAR not apply?

DSEAR does not apply to some activities, which are covered by other specific legislation, including:

  • Areas used directly for the medical treatment of patients
  • Appliances burning gaseous fuel that are covered by gas appliance rules
  • The manufacture, handling, use, storage and transport of explosives and chemically unstable substances, which fall under explosives legislation
  • Mineral extraction industries, which have their own regulations
  • Certain forms of transport, such as use of vehicles on public roads, which have separate rules

If you are unsure whether an exclusion applies to your activity, take advice before relying on it – in some cases only parts of DSEAR are disapplied.

DSEAR or COSHH: what’s the difference?

The two sets of regulations are often confused, but they address different harms. COSHH deals with hazardous substances that damage health, such as through inhalation or skin contact. DSEAR deals with substances that can cause fire, explosion and similar events. Many substances fall under both. Solvents, for example, can harm health through exposure and also burn or explode, so you may need to assess the risks under each.

What do I need to do to comply with DSEAR?

DSEAR compliance usually follows these steps:

  1. Carry out a risk assessment. Identify the dangerous substances, how they might ignite or explode and who could be harmed. Consider the quantities, the processes, the possible ignition sources and what could go wrong.
  2. Eliminate or reduce the risk. Substitute with a less hazardous substance where you can, reduce quantities, improve ventilation and control leaks and spills.
  3. Control ignition sources. Use suitable equipment in hazardous areas, manage static, control hot work and keep unsuitable equipment out.
  4. Classify hazardous areas into zones. Where explosive atmospheres may occur, areas are classed by how often and for how long they are likely to be present (zones 0, 1 and 2 for gases and vapours; zones 20, 21 and 22 for dusts). This determines the equipment that can be used there.
  5. Mark hazardous areas where necessary. Display the explosive atmosphere warning sign at entry points.
  6. Mitigate the effects. Use measures such as explosion relief, suppression, isolation and separation, so that harm is limited if an incident occurs.
  7. Prepare for emergencies. Provide procedures, alarms, escape routes and equipment, and practise them.
  8. Inform, instruct and train. Everyone who works with or near dangerous substances must understand the risks and controls.
  9. Review regularly. Revisit your assessment when substances, processes, equipment or layouts change.

What happens if I don’t comply?

Fires and explosions involving dangerous substances can cause fatalities, life-changing injuries and major damage to property and business continuity. HSE can issue improvement and prohibition notices and prosecute, and serious breaches can bring unlimited fines or even imprisonment. Insurers may also challenge claims where a business has not assessed or controlled its risks.

Does DSEAR apply in Northern Ireland and the Republic of Ireland?

DSEAR applies in Great Britain. Northern Ireland has an equivalent set of regulations, the Dangerous Substances and Explosive Atmospheres Regulations (Northern Ireland) 2003, and the Republic of Ireland regulates explosive atmospheres and chemical agents under its own health and safety legislation. The principles are broadly the same, but the details differ, so check the rules that apply where you operate.

Not sure whether DSEAR applies to you?

If your business stores, uses or produces flammable liquids, gases, aerosols or dusts, assume DSEAR is relevant and start by listing the substances you have and where they are. The HSE provides additional guidance for businesses.

This article is general guidance and not legal advice. Requirements depend on your specific work activities and location.

Posted on

Does COSHH Apply to My Business?

Short answer: almost certainly, yes. If anyone at your workplace uses, makes, handles or is exposed to substances that could harm their health, the Control of Substances Hazardous to Health Regulations 2002 (COSHH) apply to you. That covers far more businesses than most owners expect, from building sites and factories to salons, schools, care homes and offices.

This guide explains what COSHH covers, who must comply, what is excluded and what you need to do.

What is COSHH?

COSHH is the main piece of Great Britain’s health and safety law governing hazardous substances at work. It requires employers to prevent or adequately control exposure to substances that can cause ill health, whether through breathing them in, skin contact, swallowing or contact with the eyes.

The regulations are enforced by the Health and Safety Executive (HSE) and, for some sectors, local authorities.

Which substances does COSHH cover?

COSHH applies to a wide range of substances hazardous to health, including:

  • Chemicals and products containing them, such as cleaning products, paints, solvents, adhesives, de-greasers and disinfectants
  • Fumes, such as welding or soldering fumes
  • Dusts, such as wood dust, flour dust, silica dust from cutting stone or concrete, and cement
  • Vapours, gases and mists, such as spray mists and exhaust fumes
  • Biological agents, such as bacteria, viruses and fungi, including Legionella in water systems
  • Germs that cause diseases, such as leptospirosis (Weil’s disease) or hepatitis, where work brings people into contact with them
  • Nanotechnology materials, where hazardous
  • Asphyxiating gases, which displace oxygen

Many everyday products carry hazard warning pictograms on the label. These are a good first clue that COSHH is relevant. The supplier’s safety data sheet gives the detail you need for your assessment.

Who does COSHH apply to?

COSHH places duties on employers, but it also protects others affected by your work. You must consider:

  • Your employees and agency or temporary workers
  • Contractors working on your premises
  • Visitors, customers and members of the public who could be exposed
  • Self-employed people, who have duties for their own protection and that of others

Business size doesn’t matter. A sole trader with one employee has the same duties as a large organisation, although the paperwork and controls should be proportionate to the risk.

Does COSHH apply to offices and low-risk workplaces?

Yes, although the risks are usually lower. Offices use cleaning products, toner and printer consumables, and some have air conditioning or water systems that need managing for Legionella. You still need to consider whether any substances could cause harm. In many cases a short, sensible assessment will show that risks are low and existing controls are enough.

What does COSHH not cover?

Some hazards have their own specific regulations, so COSHH does not apply to them:

  • Asbestos, covered by the Control of Asbestos Regulations 2012
  • Lead, covered by the Control of Lead at Work Regulations 2002
  • Radioactive substances and ionising radiation, covered by the Ionising Radiations Regulations 2017
  • Substances hazardous only because they are explosive, flammable, or are at extreme temperature or pressure, which are covered by other legislation such as the Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR)

Even where COSHH doesn’t apply, you will normally still have duties under these other regulations and under the Health and Safety at Work etc. Act 1974.

COSHH bucket

Do you know what chemicals are used in your business?

What do I need to do to comply with COSHH?

In practice, COSHH compliance comes down to these steps:

  1. Assess the risks. Identify which hazardous substances are present, who could be exposed, how and how much. Record your significant findings if you employ five or more people.
  2. Prevent or control exposure. Where you can, eliminate the substance or substitute something safer. Otherwise use engineering controls such as enclosure or local exhaust ventilation, safe working systems, and personal protective equipment (PPE) only as the last line of defence.
  3. Make sure controls are used and maintained. Local exhaust ventilation must be thoroughly examined and tested at least every 14 months, and records kept.
  4. Monitor exposure where needed. Compare exposure against the workplace exposure limits in HSE’s EH40 guidance.
  5. Provide health surveillance where required. This applies where there is a risk of identifiable ill health, such as dermatitis or occupational asthma.
  6. Inform, instruct and train your people. Workers need to understand the risks, the controls and what to do if something goes wrong.
  7. Plan for emergencies. Have procedures for spills, accidents and incidents involving hazardous substances.
  8. Review regularly. Revisit your assessment whenever processes, substances or work methods change.

What happens if I don’t comply?

Poor COSHH compliance can lead to serious occupational illness, including occupational asthma, dermatitis, cancers and lung disease, often with effects that appear years later. The HSE can issue improvement or prohibition notices and prosecute, with unlimited fines for serious breaches. Beyond enforcement, you face the cost of civil claims, sickness absence and reputational damage.

Does COSHH apply in Northern Ireland and the Republic of Ireland?

COSHH itself applies in Great Britain. Northern Ireland has its own equivalent, the Control of Substances Hazardous to Health Regulations (Northern Ireland) 2003, and the Republic of Ireland regulates chemical and biological agents under separate legislation. The core principle is the same: assess, control and review. If you operate across more than one jurisdiction, check the requirements for each.

Not sure where you stand?

If your business uses any chemicals, dusts, fumes or biological agents, assume COSHH applies and start by listing the substances you use. If you’re unsure whether your assessments are adequate, our health and safety consultants can help you review your hazardous substances, carry out COSHH assessments and put practical controls in place.

This article is general guidance and not legal advice. Requirements depend on your specific work activities and location.

Posted on

Does the Environmental Permitting Regulations apply to my business?

If your business handles waste, discharges to water or air, runs industrial plant, or stores certain materials, the answer may well be yes. The Environmental Permitting (England and Wales) Regulations 2016 (EPR) are among the most widely applicable environmental laws in the UK, and many businesses are caught by them without realising it. Operating a regulated activity without the right permit or exemption is a criminal offence, so it’s worth checking before the regulator asks.

What are the Environmental Permitting Regulations?

The environmental permitting regulations bring several previously separate regimes under a single permitting system. Rather than applying for different licences for waste, industrial emissions and water pollution, operators deal with one framework, overseen by the Environment Agency (EA) in England, Natural Resources Wales (NRW) in Wales, or the local authority for certain lower-risk activities.

The core rule is simple: if you carry out a “regulated facility” activity, you need an environmental permit, or you must qualify for an exemption or exclusion.

Do the Environmental Permitting Regulations Apply to You?

Does your business require an environmental permit?

Which activities are regulated?

The regulations cover a broad range of activities. The main categories are:

  • Installations: industrial processes with the potential to pollute air, water or land, such as chemical manufacture, metal processing, intensive farming, food and drink production above certain thresholds, and waste incineration.
  • Waste operations: treating, storing, recovering or disposing of waste, including scrap metal yards, skip hire, vehicle dismantlers, waste transfer stations and composting sites.
  • Mobile plant: equipment used to treat or recover waste on different sites, such as mobile crushers.
  • Water discharge activities: releasing trade effluent or other liquids to surface water, sewers in some circumstances, or groundwater.
  • Groundwater activities: discharges or activities that could pollute groundwater.
  • Medium combustion plants and specified generators: boilers, engines and generators within certain thermal-input ranges, including standby generators used for grid services.
  • Solvent emission activities: processes using organic solvents above set thresholds, such as printing, coating and dry cleaning.
  • Radioactive substances activities: keeping or using radioactive materials, or disposing of radioactive waste.
  • Mining waste operations: managing waste from mineral extraction.

Do I need a permit, an exemption, or nothing at all?

Being in a regulated sector doesn’t automatically mean a full permit. There are usually three outcomes.

1. A bespoke permit. Higher-risk or complex sites typically need a tailored permit with site-specific conditions, monitoring and reporting requirements.

2. A standard rules permit. For lower-risk, well-understood activities, the regulator publishes fixed sets of conditions. These are quicker and cheaper to obtain, but you must be able to meet every rule.

3. An exemption or exclusion. Some low-risk activities, such as certain types of waste storage, reuse or recovery, don’t need a permit but may need to be registered, and must stay within strict limits on waste type, quantity and how it’s handled. Exceeding those limits can take you out of the exemption and into unpermitted operation.

A common mistake is assuming an exemption applies without checking the conditions. Quantity limits, storage time limits and waste codes all matter.

Common situations where businesses get caught out

  • A manufacturer storing or treating waste on site beyond exemption limits
  • A builder or groundworks firm processing or crushing waste soil or rubble
  • A site with a large boiler or generator that reaches medium combustion plant thresholds
  • A business discharging site drainage or process water to a watercourse or soakaway
  • A company taking over a site and assuming the previous permit transfers automatically
  • Businesses that only use a waste carrier and assume permitting isn’t their concern, without checking the duty of care and whether the receiving site is permitted

What if I’m not in England or Wales?

Environmental permitting is devolved, so the rules differ:

If you operate across more than one jurisdiction, you can’t assume one approach fits every site.

What are the consequences of getting it wrong?

Operating a regulated facility without a permit, or breaching permit conditions, is a criminal offence. Penalties can include an unlimited fine and, in serious cases, imprisonment. The regulator can also issue enforcement or suspension notices, require remediation, and pursue cost recovery. Beyond the legal risk, non-compliance can affect insurance, contracts, funding and your reputation with customers who ask about environmental credentials.

How to check whether the EPR apply to you

  1. List your activities. Include not just your main process, but storage, treatment of waste, drainage, heating and power plant.
  2. Check the thresholds. Many activities only become regulated above a certain quantity, capacity or thermal input.
  3. Identify your waste streams. Know what you produce, how much, how long it’s kept, and where it goes.
  4. Check for existing permits or exemptions. Confirm they are current, cover what you actually do, and that you’re meeting every condition.
  5. Get an independent view. A competent adviser can spot gaps you may not see from the inside.

How we can help

Working out whether the EPR apply is rarely as simple as ticking a box. Our team can review your operations, identify regulated activities, advise on whether you need a permit or qualify for an exemption, and support you through applications and ongoing compliance. Get in touch for an initial conversation about your site.

This article is general guidance and not legal advice. Requirements depend on your activities, location and circumstances.

Posted on

What an Auditor Looks for in an ISO 14001 Compliant Legal Register

Just as ISO 45001 places the legal register at the centre of an Occupational Health and Safety audit, ISO 14001 auditors treat the environmental legal register the same way. Clause 6.1.3 requires organisations to identify and have access to legal and other requirements related to their environmental aspects, and clause 9.1.2 requires ongoing evaluation of compliance against them. As an auditor with over 10 years experience, I am often asked what I look for when auditing a legal register. In this article I will explain what makes a compliant legal register. A weak legal register is often the first sign an auditor uses to question the rest of the environmental management system.

Here’s what they actually look for.

1. Coverage: Does It Match Your Environmental Aspects?

Auditors will cross-check your register against your aspects and impacts register, looking for gaps such as:

  • Legislation tied to specific activities — waste production and disposal, trade effluent, emissions to air, water abstraction or discharge, storage of hazardous substances
  • Permits and licences (environmental permits, waste carrier licences, discharge consents) and the conditions attached to them
  • Jurisdiction-specific law where you operate across multiple regions — for example, differences between Great Britain, Northern Ireland, the Isle of Man, and the Republic of Ireland
  • Producer responsibility obligations (packaging waste, WEEE, batteries) where relevant

If your register lists only headline legislation (Environmental Protection Act 1990, Environmental Permitting Regulations) without the specific conditions and secondary regulations that actually apply to your sites, auditors will flag it as incomplete.

2. Currency: Is It Actively Monitored?

This is the most common nonconformity raised against environmental legal registers. Auditors will ask:

  • What process identifies new, amended, or revoked environmental legislation?
  • How often is the register reviewed, and who is accountable for it?
  • Can you evidence the last review — version history, revision log, sign-off dates?

A register that hasn’t changed in years, despite known regulatory activity in your sector, signals there’s no active horizon-scanning process. Subscribing to a legislation-update service or newsletter is strong, tangible evidence here.

ISO 14001 Legal Register: What Auditors Look For

Is your ISO 14001 legal register compliant?

3. Evaluation of Compliance: Beyond the List

ISO 14001 clause 9.1.2 requires evaluation of compliance, not just identification of requirements. Auditors will look for:

  • A compliance status against each requirement (compliant / partially compliant / non-compliant)
  • Evidence supporting that status — permit conditions met, monitoring data, waste transfer notes, inspection records
  • A defined frequency for compliance evaluation, distinct from the general register review

Registers where every entry is simply marked “compliant” with no supporting evidence are a red flag, especially for permitted activities where conditions carry monitoring or reporting obligations.

4. Traceability Into Operational Control

Auditors will sample specific legal requirements and trace them through the system to confirm they’re operationally embedded, not just listed. Expect questions like:

  • Is this requirement reflected in an operational control procedure, permit condition tracker, or monitoring schedule?
  • Do the people responsible for the activity know the legal requirement applies to them?
  • Is evidence of compliance readily retrievable — not just asserted?

A legal register that exists in isolation from operational procedures and permit management is a common weak point.

5. Ownership and Process

Auditors assess the process behind the register as much as the document itself:

  • Who is responsible for monitoring legislative and permit changes?
  • What’s the escalation route when a new requirement is identified, and how quickly is it actioned?
  • Is legal compliance status reviewed at management review, per clause 9.3?

A register maintained informally by one person, with no visibility at management review, suggests the requirement is being satisfied on paper rather than in practice.

6. Format Doesn’t Matter — Function Does

ISO 14001 doesn’t specify a register format. Auditors care whether it functions as a live compliance tool, not what it’s built in. A well-structured register typically includes:

AspectPurpose
Legislation/permit referenceIdentification
JurisdictionApplicability
Summary of requirementInterpretation
Related environmental aspectRelevance
Compliance statusEvaluation
Evidence/referenceTraceability
Date reviewed / next reviewCurrency
OwnerAccountability

Getting Audit-Ready

To strengthen your environmental legal register ahead of an ISO 14001 audit or surveillance visit:

  1. Cross-check the register against your current aspects and impacts assessment
  2. Add or refine a compliance-status column with linked evidence
  3. Establish and evidence a documented review cycle
  4. Ensure the register connects visibly to permit management, monitoring schedules, and management review minutes

An environmental legal register that’s actively maintained, evidenced, and embedded in operational decisions is one of the clearest signs of a mature EMS — and one of the fastest wins ahead of an audit.

If you need a bespoke legal register or you want your existing register reviewed, please contact one of our team.

Posted on

What an Auditor Looks for in an ISO 45001 Compliant Legal Register

As an auditor with over 10 years experience, I am often asked what do I look for in a legal register? Your legal register is one of the first documents an ISO 45001 auditor will ask to see — and one of the easiest places to lose points if it isn’t maintained properly. Clause 6.1.3 requires organisations to identify and have access to the legal and other requirements relevant to their occupational health and safety management system, and to keep this information up to date. In practice, auditors treat the legal register as a litmus test for the whole management system: if it’s weak, they’ll assume other processes are too.

Here’s what auditors actually check, and how to make sure your register holds up.

1. Coverage: Is It Actually Complete?

Auditors will cross-reference your register against your organisation’s activities, sites, and hazards. They’re looking for gaps such as:

  • Legislation relevant to specific plant, equipment, or processes (e.g. LOLER for lifting equipment, PUWER for work equipment, DSEAR if flammable substances are present)
  • Jurisdiction-specific law where you operate across multiple regions — for example, differences between Great Britain, Northern Ireland, the Isle of Man, and the Republic of Ireland
  • Sector-specific regulations, not just generic Health and Safety law
  • Environmental legislation where it overlaps with Occupational Health and Safety risk (waste, emissions, COMAH)

A register that only lists headline Acts (Health and Safety at Work etc. Act 1974, Management of Health and Safety at Work Regulations 1999) without the supporting regulations underneath will be flagged immediately.

ISO 45001 Legal Register

ISO 45001 Legal Register: What auditors look for

2. Currency: Is It Kept Up to Date?

This is the single most common nonconformity auditors raise. They will ask:

  • What is your process for identifying new, amended, or revoked legislation?
  • How often is the register reviewed, and who owns that review?
  • Can you show evidence of the last update (version control, revision log, sign-off)?

Auditors are wary of registers that look identical year to year — it signals no active monitoring process exists. A dated revision history, or a subscription to a legislation-update service, is strong evidence here.

3. Evaluation of Compliance: Not Just a List

ISO 45001 doesn’t just require you to identify legal requirements — clause 9.1.2 requires you to evaluate compliance against them. Auditors will look for:

  • A clear compliance status against each legal requirement (compliant / partially compliant / non-compliant)
  • Evidence linking each requirement to how compliance is demonstrated (a policy, procedure, permit, inspection record, or training log)
  • A defined frequency for compliance evaluation, separate from the register review itself

A register with no compliance column, or one where every line simply says “compliant” with no supporting evidence, will draw scrutiny.

4. Traceability and Accessibility

Auditors will trace a sample of legal requirements through your system to check they’re not just sitting in a spreadsheet nobody uses. Typical questions:

  • Is this requirement referenced in a risk assessment, procedure, or work instruction?
  • Do relevant staff know this requirement applies to their role?
  • Is the register accessible to those who need it — not locked away with one person?

This is where many organisations fall down: the register exists, but there’s no visible link between it and day-to-day operational control.

5. Ownership and Process

Beyond the document itself, auditors assess the process behind it. Expect questions such as:

  • Who is responsible for monitoring legislative change?
  • What’s the escalation route when a new legal requirement is identified — how does it get actioned, and by when?
  • Is legal compliance a standing item in management review, per clause 9.3?

A register maintained by one person with no documented process, and no visibility at management review, suggests the requirement is being met on paper only.

6. Format Doesn’t Matter — Function Does

ISO 45001 doesn’t mandate a specific format for the legal register. Auditors don’t care whether it’s a spreadsheet, database, or software module — they care whether it functions as a live compliance tool. That said, a well-structured register typically includes:

AspectPurpose
Legislation title & referenceIdentification
JurisdictionApplicability
Summary of requirementInterpretation
Applicability to the organisationRelevance
Compliance statusEvaluation
Evidence/referenceTraceability
Date reviewed / next reviewCurrency
OwnerAccountability

Getting Audit-Ready

If you’re preparing for an ISO 45001 audit (or surveillance visit), the fastest way to strengthen your legal register is to:

  1. Run a gap analysis against your current activities and sites
  2. Add a compliance-status column if you don’t already have one
  3. Establish a documented, evidenced review cycle
  4. Make sure the register is referenced in risk assessments and management review minutes

A legal register that’s actively maintained, evidenced, and embedded in operational decisions is one of the strongest signals of a mature management system — and one of the quickest wins in an audit.

If you need a bespoke legal register or you would like your existing register reviewed, please contact one of our team.