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:
| Date | Who is covered |
|---|---|
| 31 March 2025 | Businesses and non-domestic premises with 10 or more full-time equivalent (FTE) employees |
| 31 March 2027 | Micro-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.
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:
- Do I know what types and volumes of waste my business produces?
- Is any of it hazardous, and is it classified and segregated correctly?
- Is my waste collector or carrier registered, and do I hold up-to-date transfer notes and consignment notes?
- Do I separate dry recyclables, food waste and general waste as required for my size and location?
- Have I recorded my headcount across the whole organisation to confirm which deadline applies?
- Do my staff know what goes where?
- If I supply packaging, electrical goods or batteries, have I checked my producer responsibility obligations?
- 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.
