What the commercial waste duty of care means
The commercial waste duty of care is the legal responsibility every business has for its waste, from the moment it is produced until it is handed to someone authorised to take it. It applies to sole traders and small shops as much as to large firms. In plain terms you must store waste safely, describe it accurately, pass it only to an authorised carrier and keep a record. This guide gives a general outline, not legal advice. The Environment Agency and your council can confirm the details.
The duty exists so that waste can be traced from the business that produced it to the place it ends up. If fly-tipped rubbish is traced back to your premises, the council or the Environment Agency can ask you to show who took it and what you did to check them. Being able to produce a waste transfer note naming a registered carrier is your evidence. Failing to meet the duty can lead to enforcement action.
What counts as business waste
Business waste is any waste that comes from a commercial activity. That is wider than many owners expect, and it includes ordinary rubbish that looks identical to household waste. If you run a business from home, the waste from the business part is still business waste. Typical examples are below.
- Packaging from deliveries, including cardboard, pallet wrap and polystyrene.
- Food waste, used cooking oil and empty containers from catering.
- Old desks, chairs, shelving and shop fittings.
- Paper, general rubbish and the contents of staff kitchen bins.
- Waste from building, maintenance and cleaning work at the premises.
- Electrical equipment such as computers, tills and fridges.
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The duty of care, step by step
- Store waste securely in suitable containers so it cannot blow away, leak or be tampered with.
- Keep different types of waste apart where you can, especially anything hazardous.
- Check that whoever collects it is a registered waste carrier, using the Environment Agency's public register.
- Describe the waste accurately so the carrier knows what they are taking.
- Make sure a waste transfer note is completed for the waste you hand over.
- File your copies and be ready to show them if asked.
- Act if you suspect your waste is not being handled properly, for example by stopping collections and reporting your concern.
Waste transfer notes
A waste transfer note is the document that records non-hazardous waste changing hands. It describes the waste, says how much there is and how it is contained, and identifies both the business handing it over and the carrier taking it. Both parties keep a copy. Businesses must keep their waste transfer notes, so file them somewhere you can find them. Hazardous waste has its own, stricter paperwork, so ask your carrier or the Environment Agency if you produce any.
For a one-off clearance you would expect one note for the job. For regular collections of the same kind of waste by the same carrier, a single note covering a series of collections is commonly used, so a new one is not needed at every visit. The details can be recorded electronically or on another document such as an invoice, provided the required information is all there. Whatever the format, read it before you sign and check the description matches what was taken.
What a business cannot do with its waste
Business waste cannot go in household bins, including your own bin at home, and it cannot be taken to a household recycling centre as household waste. Leaving bags beside a public litter bin or in someone else's container is not acceptable either. Rules in England also require many workplaces to keep recyclable materials and food waste separate from general waste. Whether and how they apply depends on your business, so check current government guidance or ask your collector.
How the duty of care applies to different premises
Offices mostly produce paper, packaging and general waste, with furniture and electrical equipment when they move or refit, which is when an office clearance is useful. Shops deal with a steady flow of delivery packaging. A shop waste clearance handles mixed stock room waste, while a separate cardboard collection keeps clean material apart so it can be recycled.
Food businesses have the added pressure of hygiene, since waste left to build up can attract pests. A restaurant waste removal clears a backlog of bags, packaging and old equipment. Where several businesses or flats share a bin area, overflowing waste quickly becomes everyone's problem, and a bin store clearance puts it right. When bins fill before the next scheduled round, a one-off extra collection from a registered carrier is an option in between.
Choosing a commercial waste collector
Ask any collector for three things before the first job: their waste carrier registration number, where the waste will be taken, and what paperwork you will receive. Our guide on how to check a waste carrier licence explains the register search. Rubbish Removals Ltd provides commercial waste collection under upper tier waste carrier licence CBDU526130. Waste goes to licensed facilities for sorting, around 90% of what we collect is recycled, and waste transfer notes and invoices are provided as required.
Price matters, but a quote that seems too low to cover legitimate disposal deserves a second look, because tipping at a licensed site costs every carrier money. Tell the collector what the waste is, how much there is and where it is kept. Our guide prices are by load size and start at £155 for one cubic yard. Quotes are free from photos or a description, and the price is confirmed before loading.