Guidance

U1: using waste in construction

Types of waste and thehow maximummuch amounts you can use in building projects, landscaping orand drainage worksworks, or to maintain existing linear networks under a U1 exemption.

Applies to England

There’s a charge for most waste exemptions

This exemption is in band 1. Read waste exemption charges to find out what the charges are and how much you’ll pay.

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. 

Activities you can carry out 

You can use a U1 exemption if you’re using waste to: 

  • repair, alter, maintain or improve buildings or sites sites
  • create a noise bund around a new development using crushed bricks, concrete, rocks and aggregate 
  • build a track, path or bridleway using road planings, rubble or woodchip 
  • carry out drainage works works
  • maintain an existing linear network
  • landscape a site by bringing in soil from somewhere else, if it’s part of a construction project

Activities you cannot carry out 

You cannot use a U1 exemption to: 

  • do landscaping, land levelling or land reclamation work as standalone activities – they must be part of a construction activity for building or engineering works 
  • treat waste to make it suitable for the purpose – see ‘Related exemptions’ 
  • store waste for more than 12 months before using it 

Check what else you need 

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

If you’re 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: 

  • waste that is not listed in the U1 exemption 
  • more waste than is allowed for each activity 

Conditions 

There are conditions around the types and amounts of waste you can use, depending on the activity you’re doing. 

The waste you use must: 

  • match the waste codes and descriptions for the activity 
  • not exceed the amount allowed or needed for the activity 
  • be suitable waste for the construction activity 
  • satisfy engineering standards 

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

WasteUsing codewaste tables in building projects, landscaping or drainage works

The following tables set out the waste codescodes, the types of waste and the maximum amount of waste allowed over 3 years for each U1 activity. activity.

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. 

For example, you can use up to 5,000 tonnes from table 1 for ‘any construction activity’ plus up to 1,000 tonnes from table 4 to build ‘tracks, paths, bridleways or car parks’. parks’.

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 

Waste code Type of waste
01 01 02 Waste from mineral non-metalliferous excavation
01 04 08 Waste gravel and crushed rock (except that listedmentioned in 01 04 07*)
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
10 12 08 Waste ceramics, bricks, tiles and construction products (after thermal processing)
10 13 14 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 (except those listedmentioned in 17 01 06*)
17 05 08 Track ballast (except that listedmentioned in 17 05 07*)
19 12 05 Glass
19 12 09 Minerals (for example sand and stone) from waste management or water treatment facilities
19 12 12 Aggregates

(*) An asterisk at the end of a code means the waste is hazardous.

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. 

Table 2

Waste code Type of waste
02 03 99
02 04 01
Soil from cleaning and washing fruit and vegetables
17 05 04 Soil and stones from construction and demolition sites (except those listedmentioned in 17 05 03*)
17 05 06 Dredging spoil (except that listedmentioned in 17 05 05*)
19 13 02 Solid waste from soil remediation (except that listedmentioned in 19 13 01*)
20 02 02 Soil and stones

(*) An asterisk at the end of a code means the waste is hazardous.

Drainage works 

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

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

Table 3

Waste code Type of waste
17 05 06 Dredging spoil (except that listedmentioned in 17 05 05*)

(*) An asterisk at the end of a code means the waste is hazardous.

Dredging spoil can only be used for drainage work done for the purposes of the Land Drainage Act 1991, Water Resources Act 1991 or Environment Act 1995

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. period.

The waste must have been processed into chips.chip form.

Table 4 

Waste code Type of waste
17 03 02 Bituminous mixtures not(except containingthat coalmentioned tarin 17 03 01*)
02 01 03 Plant tissue waste
03 01 01
03 03 01
Untreated waste bark, cork and wood
03 01 05 Untreated wood, including sawdust, shavings and cuttings from untreated wood
17 02 01 Untreated wood
19 12 07 Untreated wood (except that listedmentioned in 19 12 06*)
20 01 38 Untreated wood (except that listedmentioned in 20 01 37*)

(*) An asterisk at the end of a code means the waste is hazardous.

Building roads 

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 specific engineering standard and have a sealed surface. 

Table 5

Waste code Type of waste
17 03 02 Bituminous mixtures not(except containingthat coalmentioned tarin 17 03 01*)
17 05 04 Road sub base only

Maintaining aan existing linear network 

Younetwork, cansuch useas upa toroad, 500river, tonnescanal ofor theserailway

Linear wastenetworks typesare perlong linearstretches mile,that perdo year,not inhave anya combination.defined address or grid reference point.

You can onlyuse registera U1 exemption for maintenance or repairs along a linear networknetwork.

Maintaining a linear network: waste types up to carry500 outtonnes maintenance 

You andcan repairs,use suchup asto using500 tonnes of these waste totypes fillper inlinear potholes. mile, per year.

Table 6

Waste code Type of waste
01 01 02 Waste from mineral non-metalliferous excavation
01 04 08 Waste gravel and crushed rock (except that listedmentioned in 01 04 07*)
01 04 09 Waste sand and clays
02 02 02 Shellfish shells from which the soft tissue or flesh has been removed
10 12 08 Waste ceramics, bricks, tiles and construction products (after thermal processing)
10 13 14 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 (except those listedmentioned in 17 01 06*)
17 05 06 Dredging spoil (except that listedmentioned in 17 05 05*)
17 05 08 Track ballast (except that listedmentioned in 17 05 07*)
19 12 05 Glass
19 12 09 Minerals (such as sand and stones)
19 12 12 Aggregates

(*) An asterisk at the end of a code means the waste is hazardous.

Dredging spoil can only be used for drainage work done for the purposes of the Land Drainage Act 1991, Water Resources Act 1991 or Environment Act 1995

Register

Maintaining a U1linear network: waste exemption 

types up to 100 tonnes

You can registeruse andup payto through100 thetonnes of these waste exemptiontypes serviceper linear mile, per year.

There’s

Table a7

Waste differentcodeType processof forwaste
02 03 09
02 04 01
Soil registeringfrom alongcleaning aand linearwashing network. 

fruit and vegetables only
17 05 04Soil and stones (except that mentioned in mentioned in 17 05 03*)
19 13 02Solid wastes from soil remediation (except that mentioned in in 19 13 01*)
20 02 02Soil and stones

Register

Maintaining alongtracks, apaths, linearbridleways network 

or car parks

LinearYou networkscan areuse longup stretchesto that100 dotonnes notof these waste types per linear mile, per year. 

The waste must have abeen definedprocessed addressinto orchipped gridform.

Table reference8

Waste point.codeType Theyof includewaste
17 03 02Bituminous roads,mixtures rivers,(except canalsthat mentioned in 17 03 01*)
02 01 03Plant tissue waste
03 01 01Waste bark, cork and railways. 

wood only

Maintaining existing roads

You can use up to 5000 tonnes of these waste types per linear mile, per year

Table 9

Waste codeType of waste
17 03 02Bituminous mixtures (except that mentioned in 17 03 01*)
17 05 04Road sub base only

Register a U1 exemptionwaste forexemption 

You maintenancecan orregister repairand workpay through the waste exemption service

Register along a linear network.

network 

Register in the name of the business, at the registered office or main place of business and provide contact details. 

You’ll need to provide one of the following: 

  • grid references for the start and end points of your area of waste activity 
  • map or plans showing all your areas of activity

Read the guidance and register through the online form at Register linear network waste exemptions.

New construction and linear network maintenance 

If you need a U1 exemption for a new construction at a linear site that’s already registered with a U1, email details of your plans to waste-exemptions@environment-agency.gov.uk.

The Environment Agency will then contact you to discuss the registration.

Registration rules 

You cannot: 

  • register more than one U1 at the same site 
  • register a U1 if it’s already been registered at the site by another business 
  • renew your registration more than one month before the 3-year registration period ends 
  • increase the storage limit by registering a separate storage exemption 
  • store waste that is not included in your exemption 

Once you’ve registered a U1 exemption, the maximum waste limit applies to the site for 3 years. 

Charges for registering a U1 waste exemption 

Read waste exemption charges to find out what the charges and charging bands are. 

U1 exemption has a band 1 compliance charge. 

There’s a registration charge to register one or more exemptions at a time. 

You may get a discount on the compliance charge if you register other exemptions at the same time. 

Charges for farmers 

Farmers pay a capped charge for any number of farming exemptions. U1 is included in the list of farming exemptions.

Read waste exemptions guidance in full.

Charities register free 

Charities do not have to pay for waste exemptions. If you’re a charity, call the Environment Agency to register free of charge. 

To qualify as a charity, your organisation’s aims and purposes must be exclusively charitable. Your organisation must operate for the public benefit.

Read the Charity Commission’s list and descriptions of charitable purposes to find out if your organisation falls within one of the 13 types of charitable activity.

Waste limits at a site

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

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. 

Example scenario 

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. 

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. 

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. 

Related exemptions 

These are related exemptions for using or treating waste: 

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 2722 JanuaryJuly 2026 href="#full-history">+ show Show all updates
  1. Addition of information for maintaining linear networks. Tables 6 to 9.

  2. Added details and a link to the new online form for linear network registrations.

  3. Updated with more details about registering along linear networks, and making clearer what qualifies as a charity.

  4. Updated with information about charges and charging bands for waste exemptions.

  5. 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.

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

  7. 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.

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

  9. First published.

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