What to do about fly tipping on private land

Who is responsible for fly tipping on private land

Fly tipping is the illegal dumping of waste on land that is not licensed to receive it. Where it lands decides who deals with it. Councils clear fly-tipped waste from public land such as roads, pavements and parks. On private land, the landowner or occupier is generally responsible for removing it and paying for the disposal, even though they are the victim of the offence.

That can feel unfair, and it catches out homeowners, farmers, landlords and businesses alike. The council may still investigate and take action against whoever dumped the waste, so reporting it is worthwhile. Some insurance policies cover the cost of clearing fly-tipped waste, so check yours. If you rent the property, tell your landlord or managing agent, because responsibility will depend on your tenancy and on who controls the land.

First steps when you find fly-tipped waste

1. Stay safe. Do not open bags or move anything that could be hazardous, such as drums, gas bottles, needles or sheets that might contain asbestos.
2. Take photos of the waste and its position before anything is disturbed.
3. Write down what you can see: the type of waste, roughly how much there is and when you first noticed it.
4. Note details of any people or vehicles if you saw the tipping happen, but do not confront anyone.
5. Report it to your local council.
6. Arrange removal by a registered waste carrier and keep the paperwork.

Reporting fly tipping to the council

Every council has a way to report fly tipping, usually an online form. Report it even though the waste is on private land. The council will not normally clear it for you, but your report shows where dumping is happening, and officers may be able to trace the waste back to its source. If you can see anything that identifies where the waste came from, such as addressed post, leave it in place and mention it in the report.

Large-scale dumping, waste linked to organised crime and some hazardous waste are dealt with by the Environment Agency in England. If you are not sure which body to contact, start with the council and it can direct you. If you see tipping in progress, you can call the police. Keep a copy of every report you make and any reference number you are given.

Getting fly-tipped waste cleared lawfully

Once waste is on your land, you have a duty of care over what happens to it next. If the amount is small and it is ordinary household rubbish, your council may let you take it to a household waste recycling centre, but ask first, because rules differ. For anything larger, use a registered waste carrier, and check the waste carrier licence before you book. Passing dumped waste to an unregistered operator risks it being tipped a second time, and you can be held responsible.

A fly tipping clearance by a licensed firm should come with a receipt or waste transfer note that names the company. Some hazardous materials, such as asbestos, need a specialist contractor, so say what you have seen when you ask for a quote. Hold on to the following once the land is clear, in case the council, an insurer or a neighbour asks about it later.

• Your photos and notes from before the clearance
• The council report reference
• The carrier's name and waste carrier registration number
• The receipt, invoice or waste transfer note for the removal

Alleyways, communal areas and bin stores

Shared spaces are where responsibility gets muddled. A back alley may be maintained by the council, or it may be private, with duties falling on the owners of the houses that back onto it. Ask your council which applies before assuming it will be cleared. Where the alley is private, neighbours often share the cost of an alleyway clearance and then agree how to keep it secure and tidy.

In blocks of flats and on managed estates, the freeholder or managing agent is normally the one to act, and how the cost is shared depends on the lease. Tenants and leaseholders should report dumped waste to them in writing. Managing agents commonly book a communal area clearance for stairwells, car parks and grounds, or a bin store clearance where bulky items and loose bags have blocked access to the bins.

Making repeat fly tipping less likely

Dumped waste tends to attract more of it, so prompt removal is the most useful single step. After that, look at why the spot was chosen. Places that are easy to reach by vehicle, out of sight and already untidy are the most exposed. The measures below are the ones councils commonly suggest to landowners.

• Restrict vehicle access with gates, bollards or barriers where you have the right to
• Improve lighting and cut back vegetation that hides the area from view
• Put up clear signs and consider cameras, checking the rules on CCTV first
• Keep bin stores locked and make sure bins are emptied on schedule
• Agree with neighbours that any new dumping is reported straight away