This exemption allows you to temporarily treat waste on a small scale to produce aggregate or soil at a place such as a construction or demolition site.
Types of activity you can carry out
- screening soil on a demolition site to remove wood and rubble before sending the soil to a construction site to be reused
- blending soil and compost that has been produced under an exemption on a construction site to produce better soil for landscaping on that site
- crushing waste (except bricks, tiles and concrete) before screening or blending
- grading waste concrete after it has been crushed to produce a certain type of aggregate
Types of activity you cannot carry out
- import waste, treat it and then export it somewhere else (this applies even if the treated aggregate would meet the Quality Protocol standard and will no longer be considered waste)
- treat waste where the main purpose is to dispose of it to landfill or incinerate it
- crush waste tiles, bricks or concrete (see related exemptions)
- treat hazardous waste
You do not need to register a T5 exemption (or apply for a permit) for the removal of bitumen asphalt road followed by crushing and screening by a cold milling machine and loading of that material directly into lorries for use elsewhere.
Types of waste you can treat
The waste codes are those listed in the List of Wastes (LoW) Regulations. You need to make sure your waste fits within the relevant waste code and description.
|Waste code||Type of waste|
|010408||Waste gravel and crushed rocks not containing hazardous substances|
|010409||Waste sand and clay|
|020202||Shellfish shells from which the soft tissue or flesh have been removed only|
|030101||Untreated waste bark and cork only|
|030301||Untreated waste bark and wood|
|100101||Bottom ash, slag and boiler dust (excluding boiler dust containing oil fly ash and dust)|
|100115||Bottom ash, slag and boiler dust from co-incineration not containing hazardous substances|
|170103||Tiles and ceramics|
|170107||Mixtures of concrete, bricks, tiles and ceramics not containing hazardous substances|
|170201||Untreated wood only|
|170302||Bituminous mixtures not containing hazardous substances|
|170504||Soil and stones not containing hazardous substances|
|170506||Dredging spoil not containing hazardous substances|
|170508||Track ballast not containing hazardous substances|
|190599||Compost produced only by aerobic composting under the T23 exemption or standard rules permit SR2011 no.1 specifically, or by treating kitchen waste in a wormery under T26 exemption.|
|191212||Gypsum recovered from construction materials only|
|191302||Solid waste from soil remediation not containing hazardous substances|
|191304||Sludge from remediation not containing hazardous substances|
|200202||Soil and stones|
The amount of waste you can treat
You can store or treat:
- up to 50,000 tonnes of bituminous mixtures for making roadstone
- up to 5,000 tonnes of other waste under this exemption
over a 3-year period from the date of registering the exemption.
You cannot store waste for more than 12 months.
You can only treat waste at the place where it is to be used or where the waste was produced.
When you have treated the waste there are 2 options available:
- if the treated waste meets the requirements of a Waste Quality Protocol, it will no longer be considered waste
- use the treated waste under an exemption or permit when it has not met the requirements of a Waste Quality Protocol
These are related exemptions where you can use or treat waste:
- T7 – treating waste bricks, tiles and concrete by crushing, grinding or reducing size. You need to register this with your local authority - see full description in Environmental Permitting (England and Wales) Regulations 2010
- U1 – use of waste in construction
Register a T5 exemption
You need to register this exemption with the Environment Agency if you meet the requirements.
If you want to treat more than the amount of waste allowed under this exemption, you need to apply for an environmental permit.
If you want to import waste, treat it and export it elsewhere, you will need a site-based environmental permit.
If you want to crush bricks, tiles or concrete only, in amounts greater than the T7 exemption, you may need a Part B authorisation. Contact your local authority for more information.
Hazardous waste – see How to classify different types of waste.
Published: 28 April 2014
Updated: 31 May 2017
- Text added for clarification: You do not need to register a T5 exemption (or apply for a permit) for the removal of bitumen asphalt road followed by crushing and screening by a cold milling machine and loading of that material directly into lorries for use elsewhere.
- Changed reference of 'dangerous substances' to 'hazardous substances' due to changes in the law.
- First published.