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Waste and resources EWSNI

Waste exemptions: when you can operate without a permit

A waste exemption lets you carry out a small-scale, low-risk waste operation without an environmental permit, provided you register it and stay within its limits. In England registration costs £58.13 plus a compliance charge per exemption and lasts three years. The government has confirmed it will remove the U16, T8 and T9 exemptions and tighten U1, T4, T6, T12, D7, S1 and S2, though no start date has been set.

Reviewed against official sources on . 5 minute read. Regulators: Environment Agency, Natural Resources Wales, SEPA, NIEA.

At a glance

Who must comply
Anyone storing, treating, using or disposing of waste in a way that would otherwise need an environmental permit: builders, farmers, recyclers, manufacturers reusing waste on site.
Thresholds
Each exemption has its own limits on waste types, quantities, storage time and location (for example U1 allows up to 5,000 tonnes of certain wastes used in construction).
Next key date
No date set for the confirmed removal of U16, T8 and T9 and the tightening of seven other exemptions; existing registrations run for 3 years.
Regulator
Environment Agency (England), Natural Resources Wales, SEPA (EASR tiers in Scotland), NIEA (Northern Ireland).
Maximum penalty
Operating outside an exemption is operating without a permit: unlimited fine and up to 5 years' imprisonment on conviction, or an uncapped variable monetary penalty.
Where to do it
Register waste exemptions online with the Environment Agency, NRW, SEPA or NIEA.

This probably applies to you if

  • You crush, screen or reuse construction and demolition waste, soil or aggregate on site
  • You store waste before collection beyond what the duty of care allows, or store other people's waste
  • You chip, shred, compost or burn waste wood, green waste or plant matter
  • You spread waste on land, use it to build tracks or bunds, or backfill with it
  • You repair, refurbish or dismantle waste electricals, vehicles or furniture for reuse

What an exemption is

Schedule 3 to the Environmental Permitting (England and Wales) Regulations 2016 lists waste operations that are exempt from the need for a permit if they meet strict conditions. They fall into four groups:

Group Prefix Examples
Use of waste U U1 using waste in construction; U8 using waste for a specified purpose; U9 using waste to manufacture finished goods
Treatment T T4 preparatory treatments (baling, shredding); T6 treating waste wood and plant matter; T12 manual treatment of waste
Disposal D D7 burning waste in the open; D1 depositing waste from dredging
Storage S S1 storing waste in secure containers; S2 storing waste in a secure place

Each exemption specifies the List of Waste codes allowed, maximum quantities, storage periods and other conditions. Operating outside those conditions, or without registering, means you are running an unpermitted waste operation.

Registering and what it costs

In England you register online with the Environment Agency. Since the 2025 charging reforms a registration costs £58.13 plus a compliance charge for each exemption that reflects its risk, from £31.14 to £1,282.97. Registrations last three years and must be renewed, and you must tell the Agency if your details change or you stop operating. Some exemptions can only be registered at a site you own or control, and you may need to show the site plan.

In Wales exemptions are registered with Natural Resources Wales through its online account; check NRW's current charges before applying.

In Scotland the old exemptions were replaced on 1 November 2025 by EASR's tiered approach: the lowest-risk activities run under general binding rules with no registration, others need a notification or a registration with SEPA, and higher-risk activities need a permit.

In Northern Ireland NIEA registers exemptions from waste management licensing under the Waste Management Licensing Regulations (Northern Ireland) 2003.

The confirmed reforms

Following its consultation, Defra confirmed a package of reforms to the exemptions most associated with waste crime:

  • removing U16 (using depolluted end-of-life vehicles for parts), T8 (mechanically treating end-of-life vehicles) and T9 (recovering scrap metal), so these activities will need a permit;
  • tightening the conditions of U1, T4, T6, T12, D7, S1 and S2, including quantity limits and the distance between exempt sites;
  • requiring exemptions to be registered to a site and operator, with better identity checks.

The policy is confirmed but the amending regulations and start date have not been published. If you rely on U16, T8 or T9, start planning for a permit now; if you rely on the others, check that your activity fits the tightened limits when they are set.

Tip: the Environment Agency's exemption pages set out each exemption's conditions in full. Print the one you rely on, check your site against it and keep the record with your registration.

Choosing between an exemption and a permit

An exemption is right if your activity is genuinely small and low risk and you can stay within every condition. A permit is needed if you exceed the quantity limits, handle waste types outside the exemption, store for longer than allowed, or operate a business whose core activity is waste treatment. Standard rules permits exist for many mid-sized activities and can be cheaper and faster to obtain than operators expect; see our environmental permits guide. Running a permit-scale operation under an exemption is one of the most common enforcement findings.

How to register an exemption, step by step

  1. Identify the exemption that matches your activity

    Read the conditions in full, including the waste codes and quantity limits.

  2. Check the site rules

    Some exemptions must be registered at a specific site; others can cover several locations. Note minimum distances from other exempt sites where they apply.

  3. Register online and pay

    In England, £58.13 plus the compliance charge for each exemption. Keep the confirmation and registration number.

  4. Keep within the limits and keep records

    Log quantities received, treated and removed, and the dates waste arrived, so you can show you are inside the storage period and tonnage caps.

  5. Renew every three years

    Diary the renewal date and update the registration if your activity changes.

Enforcement

Because an exemption only exists while its conditions are met, breaching them means you are operating without a permit under regulation 12 of the 2016 Regulations. That carries an unlimited fine and up to five years' imprisonment on conviction, and since December 2023 the Environment Agency can impose variable monetary penalties with no upper limit as a civil sanction. The Agency also deregisters exemptions it finds being used to cover illegal waste sites.

How it differs across the UK

E England

Registered online with the Environment Agency for £58.13 plus a compliance charge per exemption; valid 3 years. Confirmed reforms will remove U16, T8 and T9 and tighten seven others, date to be set.

W Wales

The same Schedule 3 exemptions apply, registered with Natural Resources Wales; check NRW's current charges. The reform package is a joint Defra and Welsh Government policy.

S Scotland

Since 1 November 2025 the former exemptions sit within EASR as general binding rules, notifications or registrations with SEPA, depending on risk.

NI Northern Ireland

Exemptions from waste management licensing are registered with NIEA under the Waste Management Licensing Regulations (Northern Ireland) 2003.

Key dates

  • Confirmed reform of waste exemptions (removal of U16, T8, T9; tightening of U1, T4, T6, T12, D7, S1, S2): start date not yet set

    Operators relying on the affected exemptions EW Proposed

Dates marked “Proposed” are announced or consulted on but not yet law. See the full deadlines calendar.

Fees and charges

ItemAmountApplies inNotes
Waste exemption registration£58.13
Per registration, valid 3 years
E Source
Waste exemption compliance charge£31.14 to £1,282.97
Per exemption, by risk band
E Source

Penalties and enforcement

BreachPenaltyApplies in
Operating a waste operation outside an exemption's conditions or without registration (operating without a permit)Unlimited fine and up to 5 years' imprisonment on conviction; variable monetary penalty with no upper limitEWSource

Compliance checklist

Where to do it: official services

The law behind this

Questions people ask

How much does it cost to register a waste exemption?

In England a registration costs £58.13 and each exemption on it carries a compliance charge between £31.14 and £1,282.97 depending on its risk band, with the registration valid for three years. NRW sets its own charges in Wales. Before the 2025 charging reforms, registration in England was free, so operators renewing old registrations should budget for the new charges.

Which waste exemptions are being removed?

The government has confirmed it will remove U16 (using depolluted end-of-life vehicle parts), T8 (mechanically treating end-of-life vehicles) and T9 (recovering scrap metal), and tighten the conditions of U1, T4, T6, T12, D7, S1 and S2. The regulations to make these changes have not been published and no date has been set, but operators relying on the three to be removed should plan for a permit.

Can I crush concrete on a building site without a permit?

Usually under a registered U1 exemption (using waste in construction) together with T7 or T4 for the crushing and screening, provided you stay within the tonnage limits, use only the listed waste codes and the material is genuinely used on that site. Importing waste to crush and sell on is a commercial treatment activity that needs a permit, typically a standard rules permit for a mobile crushing plant or a treatment site.

What happens if I operate outside my exemption?

You are treated as operating without a permit. The Environment Agency can prosecute, with unlimited fines and up to five years' imprisonment available, or impose an uncapped variable monetary penalty as a civil sanction. It can also deregister the exemption and require you to clear the site. Keeping a simple log of tonnages and dates is the easiest way to show you are inside the limits.

Do exemptions still exist in Scotland?

Not in the old form. Since 1 November 2025 Scotland authorises waste activities under EASR, which uses four tiers: general binding rules, notifications, registrations and permits. The lowest-risk activities that used to be exempt now run under general binding rules without registration, while others need a notification or registration with SEPA, usually with a fee.

Terms used in this guide

Waste exemption
A registered, conditional permission to carry out a specified low-risk waste operation without an environmental permit.
U1 exemption
The exemption allowing suitable waste (such as crushed concrete or soil) to be used in construction, up to set tonnage limits.
T4 exemption
The exemption for preparatory treatments such as baling, sorting, shredding or compacting waste before recovery.
D7 exemption
The exemption for burning plant tissue and untreated wood waste in the open at the place of production, within limits.
Compliance charge
The Environment Agency's annualised charge for checking that a registered exemption is being operated within its conditions.

Full glossary

Sources

  1. Waste exemption charges, Environment Agency (updated 15 April 2026)
  2. Register your waste exemptions, GOV.UK
  3. Reforming the waste exemptions system, Defra
  4. Environmental Permitting (England and Wales) Regulations 2016, Schedule 3 and regulation 38
  5. EASR authorisations, SEPA
  6. Environment Agency may use unlimited financial penalties, Law Library of Congress, February 2024

Reviewed 14 October 2026. If you spot something out of date, email info@thamesenvironment.com.

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