Guidance

U1 waste exemption: using waste in construction

Types of waste and the maximum amounts you can use in building projects, landscaping or drainage works under a U1 exemption.

Applies to England

Businesses such as farmers, builders, engineers, and other businesses can register a U1 exemption to use suitable waste for construction projects and maintenance work.

The exemption is valid for 3 years from the date you register it.听

Activities you can carry out听

You can use a U1 exemption if you鈥檙e using waste to:听

  • repair, alter, maintain or improve buildings or sites听

  • create a noise bund around a new development using crushed bricks, concrete, rocks and aggregate听

  • build a track, path or bridleway using road planings, rubble or woodchip听

  • carry out drainage works听

  • landscape a site by bringing in soil from somewhere else, if it鈥檚 part of a construction project

Activities you cannot carry out听

You cannot use a U1 exemption to:听

  • do landscaping, land levelling or land reclamation work as standalone activities 鈥 they must be part of a construction activity for building or engineering works听

  • treat waste to make it suitable for the purpose 鈥 see 鈥楻elated exemptions鈥櫶

  • store waste for more than 12 months before using it听听

Check what else you need听

You must comply with other rules that may apply to your activity, for example, flood risk management permits or planning permission.听听

If you鈥檙e building on a floodplain or near a watercourse, contact the following organisations:

You will need an environmental permit or a different exemption if you want to use:听

  • waste that is not listed in the U1 exemption听

  • more waste than is allowed for each activity听

颁辞苍诲颈迟颈辞苍蝉听听听听

There are conditions around the types and amounts of waste you can use, depending on the activity you鈥檙e doing.听

The waste you use must:听听

  • match the waste codes and descriptions for the activity听

  • not exceed the amount allowed or needed for the activity听

  • be suitable waste for the construction activity听

  • satisfy engineering standards听

Waste must not be contaminated by pollutants such as plastic, asbestos fragments, and hydrocarbons such as oils and fuels.听

Waste code tables听

The tables set out the waste codes and the maximum amount of waste allowed over 3 years for each U1 activity.听听

You can use a combination of waste types within a table. The total amount must be no more than the limit for that activity.

You can carry out more than one activity, using up to the maximum amount of waste allowed for each activity.听

For example, you can use up to 5,000 tonnes from table 1 for 鈥榓ny construction activity鈥 plus up to 1,000 tonnes from table 4 to build 鈥榯racks, paths, bridleways or car parks鈥.听

Any construction activity: waste types up to 5,000 tonnes

You can use up to 5,000 tonnes of these waste types in any combination, over the 3-year registration period, for any construction activity.

Table 1听

Waste code Type of waste
01 01 02 Waste from mineral non-metalliferous excavation
01 04 08 Waste gravel and crushed rock not containing hazardous substances
01 04 09 Waste sand and clay from exploration, mining, quarrying or treatment of minerals
02 02 02 Shellfish shells from which the soft tissue or flesh has been removed only
10 12 08 Waste ceramics, bricks, tiles and construction products (after thermal processing)
101314 Waste concrete and concrete sludge
17 01 01 Concrete
17 01 02 Bricks
17 01 03 Tiles and ceramics
17 01 07 Mixtures of concrete, bricks, tiles and ceramics not containing hazardous substances
17 05 08 Track ballast not containing hazardous substances
19 12 05 Glass
19 12 09 Minerals (for example sand and stone) from waste management or water treatment facilities
19 12 12 Aggregates only

Any construction activity: waste types up to 1,000 tonnes

You can use up to 1,000 tonnes of these waste types in any combination, over the 3-year registration period, for any construction activity.听

Table 2

Waste code Type of waste
02 03 99
02 04 01
Soil from cleaning and washing fruit and vegetables only
17 05 04 Soil and stones (from construction and demolition sites) not containing hazardous substances
17 05 06 Dredging spoil not containing hazardous substances
19 13 02 Solid waste from soil remediation not containing hazardous substances
20 02 02 Soil and stones

Drainage works听

You can use up to 5,000 tonnes of non-hazardous dredging spoil over the 3-year registration period, for drainage works.听

Work must be in accordance with any flood risk activity permit and relevant legislation.听

Table 3

Waste code Type of waste
17 05 06 Dredging spoil not containing hazardous substances

Building tracks, paths, bridleways or car parks

You can use up to 1,000 tonnes of these waste types in any combination over the 3-year registration period, for building tracks, paths, bridleways or car parks.听听

The waste must have been processed into chips. 听

Table 4听

Waste code Type of waste
17 03 02 Bituminous mixtures not containing coal tar
02 01 03 Plant tissue waste
03 01 01
03 03 01
Untreated waste bark, cork and wood only
03 01 05 Untreated wood, including sawdust, shavings and cuttings from untreated wood only
17 02 01 Untreated wood only
19 12 07 Untreated wood not containing hazardous substances
20 01 38 Untreated wood not containing hazardous substances

Building roads听

You can use up to 50,000 tonnes of these waste types in any combination, over the 3-year registration period, for building roads. Roads must be built to a and have a sealed surface.听

Table 5

Waste code Type of waste
17 03 02 Bituminous mixtures not containing coal tar
17 05 04 Road sub base only

Registering your waste exemption听

You must register your U1 exemption with the Environment Agency. You can register through the waste exemption service.听听

There鈥檚 a different registration process for using waste to carry out repairs along a linear network. See 鈥榃aste activity along a linear network鈥.听

Registration rules听

You cannot:听

  • register more than one U1 at the same site听

  • register a U1 if it鈥檚 already been registered at the site by another business听

  • renew your registration more than one month before the 3-year registration period ends听

  • increase the storage limit by registering a separate storage exemption听听

  • store waste that is not included in your exemption听

Once you鈥檝e registered a U1 exemption, the maximum waste limit applies to the site for 3 years.听

Waste activity along a linear network听

Linear networks are long stretches that do not have a defined address or gridpoint. They may run for several miles and have more than one site postcode. They include roads, rivers, canals and railways.听听

You can use a U1 exemption for maintenance or repair work along a linear network, such as filling in potholes along several miles of road.

You鈥檒l need to complete a linear networks registration form instead of using the online registration service. 听

Maintaining a linear network听听

You can use up to 500 tonnes of these waste types per linear mile, per year, in any combination, for maintenance and repair activity.听

Table 6

Waste code Type of waste
01 01 02 Waste from mineral non-metalliferous excavation
01听04听08 Waste gravel and crushed rock other than those mentioned in 01听04听07
01听04听09 Waste sand and clays
02听02听02 Shellfish shells from which the soft tissue or flesh has been removed
10听12听08 Waste ceramics, bricks, tiles and construction products (after thermal processing)
10听13听14 Waste concrete and concrete sludge
17 01 01 Concrete
17 01 02 Bricks
17 01 03 Tiles and ceramics
17听01听07 Mixtures of concrete, bricks, tiles and ceramics other than those mentioned in 17听01听06
17听05听06 Dredging spoil other than that mentioned in 17听05听07. This waste can only be used for drainage work carried on for the purposes of the Land Drainage Act 1991, Water Resources Act 1991 or Environment Act 1995.
17听05听08 Track ballast, other than that mentioned in 17 05 07
19听12听05 Glass
19听12听09 Minerals (such as sand and stones)
19听12听12 Aggregates only

New construction and linear network maintenance听

If you鈥檙e planning a new construction at a linear site that鈥檚 already registered with a U1 exemption, contact the Environment Agency.

Waste limits听at a site

Waste limits apply to the site for 3 years from registration.听听

If the exemption is deregistered before it expires, any new U1 registration inherits the waste limit left by the previous registration, until the original end date of the previous registration.听

Example scenario听

April 2025: Business A registers a U1 exemption to use waste for a building project.

October 2025: Business A has used 3,000 tonnes of waste concrete and bricks (waste code table 1) and 500 tonnes of waste soil and stones (waste code table 2). Business A deregisters the exemption because the work is finished.听

December 2025: Business B registers a U1 exemption at the same site. Business B can use only up to 2,000 tonnes of waste from table 1 and up to 500 tonnes of waste from table 2, until April 2028. This is because Business A has already used part of the maximum allowance from those waste code tables for that site, for that period of time.听

April 2028: Business B can now register a new U1 and use the maximum 5,000 tonnes of waste from table 1 and 1,000 tonnes of waste from table 2 over the next 3 years.听

These are related exemptions for using or treating waste:听

Contact the Environment Agency

General enquiries

National Customer Contact Centre
PO Box 544
Rotherham
S60 1BY

Email enquiries@environment-agency.gov.uk

Telephone 03708 506 506

Telephone from outside the UK (Monday to Friday, 8am to 6pm GMT) +44 (0) 114 282 5312

Monday to Friday, 8am to 6pm.

Updates to this page

Published 12 September 2019
Last updated 11 June 2025 show all updates
  1. Updated to correct and clarify registration rules and types of activity you cannot carry out. Gives an example scenario to show how inherited waste limits apply at a site, when an exemption is deregistered before it expires.

  2. Updated the message at the start to say changes to exemptions are expected to start in 2025 but that timescales have not been finalised.

  3. Updated the example activities to better reflect the intended scope of the exemption. Removed references to out of date legislation. Updated the order of the information to make it easier to follow.

  4. We have added information about changes to this waste exemption that are likely to happen during 2024 to 2025.

  5. First published.

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