The Environment Agency has confirmed significant reforms to the waste exemptions system. This includes the U1 exemption for “Using Waste in Construction,” which took effect from 1st July 2025. Some of the key updates are summarised below:
🔑 Key Changes to the U1 Exemption
- Introduction of Fees:
- £56 registration fee.
- £420 compliance fee.
- Both fees are payable upfront .
- Scope of U1 Exemption: The U1 exemption still allows the use of certain waste materials in construction-related activities, such as:
- Building tracks, paths, or bridleways using road planings or rubble (look towards linear applications for these applications).
- Creating noise bunds using crushed bricks or concrete.
- Drainage works and landscaping as part of a construction project. It is assumed this is demonstrated by local authority approval (ie planning).
- Material and Quantity Restrictions:
- Only one construction activity per exemption registration.
- Strict maximum quantities apply (e.g., 500 cubic metres [1,000 tonnes] for most uses).
- Waste must be free from contaminants (e.g., plastics, asbestos, hydrocarbons).
- Waste must be used within 3 years of registration
- Storage Conditions:
- Waste must not be stored for more than 12 months.
- Must be stored securely, at least 50m from springs / wells and 10m from watercourses
- Prohibited Uses:
- Activities like raising land levels, backfilling, or filling hollows are not allowed under U1 (in not part of a construction project)
- Compliance and Traceability:
- Increased responsibility on developers to justify material use.
- Encouragement to engage with professional partners early in the project lifecycle
These reforms aim to reduce abuse of the exemption system, improve environmental protection, and ensure that only genuinely low-risk activities benefit from exemptions.
