If you pay someone to take away rubbish, garden waste, an old sofa or building waste, the law expects you to make sure they are allowed to carry it. This is called your household waste duty of care, set out in section 34 of the Environmental Protection Act 1990 and explained in the government's Waste duty of care code of practice.
What can happen if you don't check
If your waste is found fly-tipped and it is traced back to you, your council can investigate whether you met your duty of care. Instead of prosecuting, it may offer a fixed penalty notice. According to government guidance for local authorities, the penalty is:
- £200 by default
- between £150 and £600 (the full penalty range)
- no less than £120 if a discount is offered for early payment
Councils do not have to offer a fixed penalty and can take the case to court instead.
Warning signs of a rogue carrier
- They can't give you a waste carrier registration number, or it isn't on the register
- The price seems far too cheap
- Cash only, no paperwork or receipt
- Adverts on social media with no business address
- An unmarked van or no company name
It takes about 30 seconds to check. Search the register now.