Guidance

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

Updated 29 July 2024

Applies to England

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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

This regulatory position statement (RPS) does not change the legal requirement to have an environmental permit for a waste operation to store waste cleared from empty properties by local authorities or housing associations.

However, the Environment Agency will not normally take enforcement action against you if you do not comply with this legal requirement provided that:

  • your activity meets the description set out in this RPS

  • you comply with the conditions set out in this RPS

In addition your activity must not cause (or be likely to cause) pollution of the environment or harm to human health, and 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

Activity this RPS applies to

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

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 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

  • keep records for 2 years from the date of the last use of the RPS to show that you have complied with this RPS and make these records available to the Environment Agency on request

You must not:

  • store waste for longer than 3 months
  • store more than 50 cubic metres of non-liquid waste at any one time
  • store more than 1,000 litres at any one time
  • mix different types of waste

Things to note

When a former tenant leaves waste in a property owned by a local authority or housing association the tenant is the waste producer.

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

When you must check back

The Environment Agency will review this RPS by 30 June 2027.

The Environment Agency can withdraw or amend this regulatory position before the review date if they consider it necessary. This includes where the activity that this RPS relates to has not changed.

You will need to check back from time to time, including at and before the review date, to see if this RPS still applies.

You can subscribe to email updates about this RPS. These will tell you if the RPS has changed and when it has been withdrawn.

This RPS remains in force until it is removed from GOV.UK or is otherwise identified as having been withdrawn.

If you cannot comply with this RPS

If you operate under this RPS but can no longer comply with it, you must:

Contact the Environment Agency

If you have any questions about this RPS email enquiries@environment-agency.gov.uk and put ‘RPS 171’ in the subject.

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