Controlled Waste, Special Waste, and Hazardous Waste: UK Definitions

What Is Controlled Waste?

The term "controlled waste" is the foundational concept in UK waste regulation. It defines the universe of waste to which the duty of care, waste transfer note requirements, and environmental permitting obligations apply. Understanding exactly what controlled waste means, and what it excludes, is essential for any business managing waste in England, Wales, or Scotland.

Controlled waste is defined in section 75 of the Environmental Protection Act 1990 (EPA 1990) as household waste, industrial waste, and commercial waste. The term also includes waste from Crown premises. The definition was elaborated and updated by the Controlled Waste (England and Wales) Regulations 2012 (SI 2012/811), which specify in detail the categories of premises whose waste falls within each sub-definition and the rules for borderline cases.

The significance of the classification is immediate: if waste is controlled waste, the duty of care under section 34 EPA 1990 applies to every transfer of that waste. A waste transfer note (WTN) must accompany the transfer, the carrier must be registered, and both parties must retain records for two years. For hazardous controlled waste, additional requirements under the Hazardous Waste (England and Wales) Regulations 2005 apply on top of the baseline controlled waste regime.

What IS Controlled Waste?

The Controlled Waste (England and Wales) Regulations 2012 set out detailed lists of what constitutes each sub-category. In practice, the following are all controlled waste for which WTN and duty of care obligations apply:

Household Waste

Waste from domestic properties, houses, flats, caravans used as residences, and residential care homes. This includes garden waste, bulky items, and waste from DIY activities at domestic premises. While private householders are exempt from the duty of care for their own household waste placed in kerbside bins (section 34(2) EPA 1990), once that waste is collected by a carrier or leaves the householder's custody in any other way, it becomes subject to the duty of care obligations for everyone in the subsequent chain.

Commercial Waste

Waste from any premises used wholly or mainly for trade, business, sport, recreation, entertainment, or education, regardless of whether the premises are commercial, charitable, or public sector. This includes:

• Offices, shops, and retail premises
• Restaurants, cafés, hotels, and hospitality venues
• Sports grounds, leisure centres, and entertainment venues
• Schools, colleges, universities, and educational institutions
• Hospitals and healthcare facilities (for non-clinical, non-infectious waste)
• Charities and not-for-profit organisations operating from premises
• Market traders and temporary business premises

Industrial Waste

Waste generated by industrial processes, from factories, workshops, manufacturing plants, processing facilities, and similar industrial premises. This category covers the widest range of waste types, from straightforward packaging and general office waste from administrative functions through to process residues, production off-cuts, and industrial sludges.

Construction and Demolition Waste

Waste from construction, demolition, and excavation activities, including concrete, bricks, timber, metals, soil, and mixed construction waste, is controlled waste. This is one of the largest categories by volume, accounting for approximately 62% of all UK waste arisings according to DEFRA's 2021/22 statistics.

Waste from Crown Premises

The EPA 1990 and Controlled Waste Regulations 2012 extend the controlled waste definition to waste from Crown premises, central government buildings, military establishments, and similar. The Crown is not exempt from the controlled waste regime.

What Is NOT Controlled Waste?

Certain waste streams fall outside the controlled waste definition and are therefore not subject to the WTN and duty of care regime. The principal exclusions are:

Agricultural Waste

Waste from agricultural premises, including farms, smallholdings, and market gardens, is excluded from the definition of controlled waste under the Controlled Waste (England and Wales) Regulations 2012. However, this does not mean agricultural waste is unregulated. Specific regulations apply to agricultural waste, including rules about on-farm disposal of certain materials and restrictions on burning. Since 2006, the exemption for many types of agricultural waste disposal has been progressively restricted. Waste from agricultural processing premises (as opposed to the farm itself) may fall within controlled waste.

Mines and Quarries Waste

Waste from mines and quarries is excluded from controlled waste under section 75(7) EPA 1990 and is instead regulated under the Mining Waste Directive and its domestic implementing legislation. The Mines and Quarries (Tips) Act 1969 and associated regulations govern tip management. Operators of mining and quarrying activities should take specialist legal advice, as the regime is entirely separate from the standard controlled waste framework.

Radioactive Waste

Waste that is or contains radioactive substances is governed by dedicated nuclear regulation, primarily the Radioactive Substances Act 1993 (now replaced by Part 7 of the Environmental Permitting (England and Wales) Regulations 2016 for regulatory purposes) and overseen by the Office for Nuclear Regulation (ONR) and the Environment Agency in collaboration. Standard WTN requirements do not apply to radioactive waste, which has its own transfer and disposal documentation requirements.

Explosives

Waste explosives and explosive ordnance fall outside the controlled waste regime and are governed by specialist explosives regulations administered by the HSE and, in relevant cases, the Ministry of Defence.

Waste from Dredging Operations

Dredging spoil from rivers, harbours, and waterways is specifically excluded from controlled waste. However, this exclusion applies to spoil deposited back into water, dredging material brought onto land and handled on site may attract the controlled waste classification depending on its subsequent management.

Household Waste from Private Householders

As noted above, a private householder placing their own household waste in their own authorised kerbside collection is exempt from the duty of care (section 34(2) EPA 1990). This exemption is personal to the householder and does not extend to any carrier or collector who handles the waste.

What Is Hazardous Waste?

Hazardous waste is a sub-category of controlled waste, all hazardous waste is also controlled waste, but not all controlled waste is hazardous. The additional classification of "hazardous" triggers a separate and more demanding regulatory regime that sits on top of the standard controlled waste obligations.

In England and Wales, waste is classified as hazardous under the Hazardous Waste (England and Wales) Regulations 2005 (SI 2005/894), as amended. A waste is hazardous if:

• It appears in the List of Wastes (the UK's post-Brexit version of EU Commission Decision 2000/532/EC, retained in domestic law) with an asterisk (*) as an "absolute hazardous entry", meaning it is always hazardous regardless of composition or concentration; or
• It is a "mirror entry" waste (appearing both as a hazardous and non-hazardous code in the List of Wastes) and testing or assessment demonstrates it exhibits one or more hazard properties (HP1–HP15); or
• It does not appear on the List of Wastes but exhibits one or more of the 15 hazard properties (HP1–HP15) through assessment.

The List of Wastes continues to use the same six-digit EWC code structure as the European Waste Catalogue, and hazardous entries are identified by an asterisk (*) appended to the code (e.g. 17 06 05* for asbestos-containing construction material).

Special Waste in Scotland

Scotland operates under a different but broadly equivalent regime for hazardous waste. In Scotland, the equivalent classification is "special waste", governed by the Special Waste Regulations 1996 (SI 1996/972), as amended by the Special Waste Amendment (Scotland) Regulations 2004 and subsequent instruments.

Special waste in Scotland is regulated by the Scottish Environment Protection Agency (SEPA) rather than the Environment Agency. The definition of special waste in Scotland broadly aligns with the hazardous waste definition used in England and Wales, both derive from the same European legislative origins, but there are procedural differences in how movements are notified and documented.

Key differences between the Scottish special waste regime and the England/Wales hazardous waste regime include different consignment note formats, different pre-notification requirements, and different procedures for rejected loads. Businesses operating across the border must ensure they use the correct documentation system for each jurisdiction. For detailed guidance on Scotland-specific requirements, see the SEPA special waste guidance.

Note also that in Scotland, the standard (non-hazardous) controlled waste regime and WTN obligations derive from the same EPA 1990 foundations as England and Wales, but are administered by SEPA rather than the EA, and some procedural details differ.

Documentation: WTNs vs Consignment Notes

One of the most practically important distinctions flowing from the controlled waste versus hazardous waste classification is the documentation requirement for each transfer:

Standard Waste Transfer Note (for controlled non-hazardous waste)

A WTN is required for every transfer of controlled, non-hazardous waste. It must include: an accurate written description of the waste and its EWC code; the quantity and container type; the date and place of transfer; full details of the transferor (waste producer) and their signature; and full details of the transferee (carrier or facility) including their registration or permit number, and their signature. Both parties must keep their copy for at least two years.

Hazardous Waste Consignment Note (for hazardous waste in England/Wales)

A consignment note is an entirely different document from a WTN and is governed by Schedule 2 of the Hazardous Waste (England and Wales) Regulations 2005. It requires additional information including the hazard properties (HP codes) of the waste, UN classification for transport purposes, container type and packaging, and pre-notification details where applicable. The consignment note has a six-part structure: copies for the consignee, producer, carrier, and others. Both the producer and consignee must notify the EA of their premises through the producer registration system. All consignment notes must be retained for three years (not two).

Special Waste Consignment Note (Scotland)

In Scotland, movements of special waste must be accompanied by a SEPA-formatted special waste consignment note. Pre-notification of the movement to SEPA is required for most special waste movements, with SEPA issuing a consignment note reference number. Three-year retention applies.

When a WTN Is Not Sufficient

A standard WTN is legally insufficient in the following circumstances:

• The waste is classified as hazardous (indicated by an asterisk on the EWC/LoW code), a consignment note is required.
• The waste is special waste in Scotland, a SEPA consignment note is required.
• The transferee is not an authorised person, in this case, the transfer itself is unlawful regardless of what documentation is prepared.
• The description on the WTN is inadequate, a WTN that describes waste only as "general waste" or "rubbish" without specifying the nature, EWC code, physical form, and relevant characteristics does not satisfy the legal requirement and provides no protection in enforcement proceedings. The Duty of Care Code of Practice 2016 sets the standard for an adequate description.

Additionally, there is a producer registration requirement under the Hazardous Waste Regulations 2005: any premises (other than domestic) that produces 500kg or more of hazardous waste in any 12-month period must register as a hazardous waste producer with the EA. The registration fee is currently £18. The registration number must be stated on all consignment notes. Failure to register is a separate offence.

For detailed guidance on when the hazardous waste and consignment note regime applies, including the HP1–HP15 hazard properties and common hazardous waste types, see our comprehensive guide to hazardous waste regulations in the UK. For guidance on EWC coding and how asterisk entries work in practice, see EWC codes explained.