Guidance

Storing waste left by former tenants in empty properties: RPS 171

Published 1 December 2020

Applies to England

© Crown copyright 2020

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This publication is available at https://www.gov.uk/government/publications/storing-waste-left-by-former-tenants-in-empty-properties-rps-171/storing-waste-left-by-former-tenants-in-empty-properties-rps-171

When a former tenant leaves waste in a property owned by a local authority or housing association they are the waste producer. This waste has not been produced by the local authority or housing association.

Local authorities and housing associations would normally need an environmental permit for a waste operation to store this waste. This is because it does not fall within Waste exemption: NWFD 3 temporary storage of waste at a place controlled by the producer.

However, if you comply with the conditions in this RPS, you can temporarily store waste left by former tenants, before it’s collected, without an environmental permit for a waste operation.

When this RPS applies

This RPS only applies to local authorities or housing associations who temporarily store non-hazardous waste that’s been left by former tenants when they clear empty properties.

This RPS does not apply to any other activity, even if it is under the same legislation. You may still need other permits or licences for other activities you carry out.

Conditions you must comply with

You must:

  • only store non-hazardous waste
  • store the waste at a place controlled by the local authority or housing association
  • store the waste for no longer than 3 months
  • store no more than 50m3 of non-liquid waste at any one time
  • store no more than 1,000 litres of liquid waste at any one time
  • store all liquid waste in a container with secondary containment to prevent waste escaping
  • store waste in a secure place – one where you have taken all reasonable precautions to prevent waste escaping and where members of the public cannot access it
  • not mix different types of waste
  • keep records for 2 years that show you have complied with this RPS – you must make these records available to the Environment Agency on request

You must make sure you do not endanger human health or the environment. You must not:

  • cause a risk to water, air, soil, plants or animals
  • cause a nuisance through noise or odours
  • adversely affect the countryside or places of special interest

Enforcement

A RPS means that the Environment Agency will not normally take enforcement action against you for operating without a permit for a waste operation provided:

  • your activity meets the description set out in this RPS
  • you comply with the conditions set out in this RPS
  • your activity does not, and is not likely to, cause environmental pollution or harm human health

When to check back

We will review this RPS by 31 October 2023. You will need to check back then to see if it still applies or if you need to apply for an environmental permit.

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.

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