U2 waste exemption: use of baled end-of-life tyres in construction

The U2 exemption allows you to use a small number of end-of-life tyre bales in construction.

Applies to England

Construction means building or engineering work that includes repair, alteration, maintenance or improvement of existing works. Also includes preparatory work and landscaping.

Types of activity you can carry out

These could include:

  • using tyre bales to provide a free draining layer behind a retaining wall

Types of activity you cannot carry out

You cannot:

  • use other waste in construction under this exemption
  • use tyre bales that are unsuitable for your project (meaning they do not comply with PAS 108 standard ‘specification for the production of tyre bales for use in construction’)
  • store or use more than 50 tonnes of tyre bales during construction, you must use the minimum number of tyre bales needed
  • use tyre bales which are not suitable, or more bales than are needed: this would be disposal and is not covered by an exemption
  • use the tyre bales more than once
  • store the tyre bales for more than 3 months before you use them

Type of waste you can use

The waste code is listed in the List of Wastes (LoW) Regulations. You need to make sure your waste fits within this waste code and the description.

Waste code Type of waste
160103 Baled end-of-life tyres only

Amount of waste you can use

You can:

  • store or use up to 50 tonnes of baled tyres in construction

Key conditions

  • the bales must comply with standard PAS 108
  • the waste cannot be used more than once
  • the waste cannot be stored for longer than 3 months before use

If you want to use other waste in construction, you might consider exemption U1: using waste in construction.

If you want to bale tyres or treat them in another way you could register T8: mechanically treating end-of-life tyres.

If you want to use more than 50 tonnes of baled tyres on a civil engineering project, you will normally need to apply for an environmental permit from the Environment Agency.

For advice on storing and using tyres in landfill infrastructure please see the section on leachate drainage and collection systems in our ‘Design and build your landfill site’ guidance.

Register a U2 exemption

You must register this exemption with the Environment Agency if you meet the requirements:

Published 28 April 2014
Last updated 9 June 2020 + show all updates
  1. We have added a link to our 'Design and build your landfill site' guidance in the section called 'Related permits'. We have removed the link to the withdrawn regulatory position statement, RPS 85.

  2. First published.