U1 waste exemption: using waste in construction
Types of waste and the maximum amounts you can use in building projects, landscaping or drainage works under a U1 exemption.
Applies to England
Businesses such as farmers, builders, engineers, and other businesses can register a U1 exemption to use suitable waste for construction projects and maintenance work.
The exemption is valid for 3 years from the date you register it.
Activities you can carry out
You can use a U1 exemption if you’re using waste to:
-
repair, alter, maintain or improve buildings or sites
-
create a noise bund around a new development using crushed bricks, concrete, rocks and aggregate
-
build a track, path or bridleway using road planings, rubble or woodchip
-
carry out drainage works
-
landscape a site by bringing in soil from somewhere else, if it’s part of a construction project
Activities you cannot carry out
You cannot use a U1 exemption to:
-
do landscaping, land levelling or land reclamation work as standalone activities – they must be part of a construction activity for building or engineering works
-
treat waste to make it suitable for the purpose – see ‘Related exemptions’
-
store waste for more than 12 months before using it
Check what else you need
You must comply with other rules that may apply to your activity, for example, flood risk management permits or planning permission.
If you’re building on a floodplain or near a watercourse, contact the following organisations:
- your lead local flood authority (county council or unitary authority)
- Internal Drainage Board
- the Environment Agency
You will need an environmental permit or a different exemption if you want to use:
-
waste that is not listed in the U1 exemption
-
more waste than is allowed for each activity
Conditions
There are conditions around the types and amounts of waste you can use, depending on the activity you’re doing.
The waste you use must:
-
match the waste codes and descriptions for the activity
-
not exceed the amount allowed or needed for the activity
-
be suitable waste for the construction activity
-
satisfy engineering standards
Waste must not be contaminated by pollutants such as plastic, asbestos fragments, and hydrocarbons such as oils and fuels.
Waste code tables
The tables set out the waste codes and the maximum amount of waste allowed over 3 years for each U1 activity.
You can use a combination of waste types within a table. The total amount must be no more than the limit for that activity.
You can carry out more than one activity, using up to the maximum amount of waste allowed for each activity.
For example, you can use up to 5,000 tonnes from table 1 for ‘any construction activity’ plus up to 1,000 tonnes from table 4 to build ‘tracks, paths, bridleways or car parks’.
Any construction activity: waste types up to 5,000 tonnes
You can use up to 5,000 tonnes of these waste types in any combination, over the 3-year registration period, for any construction activity.
Table 1
| Waste code | Type of waste |
|---|---|
| 01 01 02 | Waste from mineral non-metalliferous excavation |
| 01 04 08 | Waste gravel and crushed rock not containing hazardous substances |
| 01 04 09 | Waste sand and clay from exploration, mining, quarrying or treatment of minerals |
| 02 02 02 | Shellfish shells from which the soft tissue or flesh has been removed only |
| 10 12 08 | Waste ceramics, bricks, tiles and construction products (after thermal processing) |
| 101314 | Waste concrete and concrete sludge |
| 17 01 01 | Concrete |
| 17 01 02 | Bricks |
| 17 01 03 | Tiles and ceramics |
| 17 01 07 | Mixtures of concrete, bricks, tiles and ceramics not containing hazardous substances |
| 17 05 08 | Track ballast not containing hazardous substances |
| 19 12 05 | Glass |
| 19 12 09 | Minerals (for example sand and stone) from waste management or water treatment facilities |
| 19 12 12 | Aggregates only |
Any construction activity: waste types up to 1,000 tonnes
You can use up to 1,000 tonnes of these waste types in any combination, over the 3-year registration period, for any construction activity.
Table 2
| Waste code | Type of waste |
|---|---|
| 02 03 99 02 04 01 |
Soil from cleaning and washing fruit and vegetables only |
| 17 05 04 | Soil and stones (from construction and demolition sites) not containing hazardous substances |
| 17 05 06 | Dredging spoil not containing hazardous substances |
| 19 13 02 | Solid waste from soil remediation not containing hazardous substances |
| 20 02 02 | Soil and stones |
Drainage works
You can use up to 5,000 tonnes of non-hazardous dredging spoil over the 3-year registration period, for drainage works.
Work must be in accordance with any flood risk activity permit and relevant legislation.
Table 3
| Waste code | Type of waste |
|---|---|
| 17 05 06 | Dredging spoil not containing hazardous substances |
Building tracks, paths, bridleways or car parks
You can use up to 1,000 tonnes of these waste types in any combination over the 3-year registration period, for building tracks, paths, bridleways or car parks.
The waste must have been processed into chips.
Table 4
| Waste code | Type of waste |
|---|---|
| 17 03 02 | Bituminous mixtures not containing coal tar |
| 02 01 03 | Plant tissue waste |
| 03 01 01 03 03 01 |
Untreated waste bark, cork and wood only |
| 03 01 05 | Untreated wood, including sawdust, shavings and cuttings from untreated wood only |
| 17 02 01 | Untreated wood only |
| 19 12 07 | Untreated wood not containing hazardous substances |
| 20 01 38 | Untreated wood not containing hazardous substances |
Building roads
You can use up to 50,000 tonnes of these waste types in any combination, over the 3-year registration period, for building roads. Roads must be built to a specific engineering standard and have a sealed surface.
Table 5
| Waste code | Type of waste |
|---|---|
| 17 03 02 | Bituminous mixtures not containing coal tar |
| 17 05 04 | Road sub base only |
Registering your waste exemption
You must register your U1 exemption with the Environment Agency. You can register through the waste exemption service.
There’s a different registration process for using waste to carry out repairs along a linear network. See ‘Waste activity along a linear network’.
Registration rules
You cannot:
-
register more than one U1 at the same site
-
register a U1 if it’s already been registered at the site by another business
-
renew your registration more than one month before the 3-year registration period ends
-
increase the storage limit by registering a separate storage exemption
-
store waste that is not included in your exemption
Once you’ve registered a U1 exemption, the maximum waste limit applies to the site for 3 years.
Waste activity along a linear network
Linear networks are long stretches that do not have a defined address or gridpoint. They may run for several miles and have more than one site postcode. They include roads, rivers, canals and railways.
You can use a U1 exemption for maintenance or repair work along a linear network, such as filling in potholes along several miles of road.
You’ll need to complete a linear networks registration form instead of using the online registration service.
Maintaining a linear network
You can use up to 500 tonnes of these waste types per linear mile, per year, in any combination, for maintenance and repair activity.
Table 6
| Waste code | Type of waste |
|---|---|
| 01 01 02 | Waste from mineral non-metalliferous excavation |
| 01 04 08 | Waste gravel and crushed rock other than those mentioned in 01 04 07 |
| 01 04 09 | Waste sand and clays |
| 02 02 02 | Shellfish shells from which the soft tissue or flesh has been removed |
| 10 12 08 | Waste ceramics, bricks, tiles and construction products (after thermal processing) |
| 10 13 14 | Waste concrete and concrete sludge |
| 17 01 01 | Concrete |
| 17 01 02 | Bricks |
| 17 01 03 | Tiles and ceramics |
| 17 01 07 | Mixtures of concrete, bricks, tiles and ceramics other than those mentioned in 17 01 06 |
| 17 05 06 | Dredging spoil other than that mentioned in 17 05 07. This waste can only be used for drainage work carried on for the purposes of the Land Drainage Act 1991, Water Resources Act 1991 or Environment Act 1995. |
| 17 05 08 | Track ballast, other than that mentioned in 17 05 07 |
| 19 12 05 | Glass |
| 19 12 09 | Minerals (such as sand and stones) |
| 19 12 12 | Aggregates only |
New construction and linear network maintenance
If you’re planning a new construction at a linear site that’s already registered with a U1 exemption, contact the Environment Agency.
Waste limits at a site
Waste limits apply to the site for 3 years from registration.
If the exemption is deregistered before it expires, any new U1 registration inherits the waste limit left by the previous registration, until the original end date of the previous registration.
Example scenario
April 2025: Business A registers a U1 exemption to use waste for a building project.
October 2025: Business A has used 3,000 tonnes of waste concrete and bricks (waste code table 1) and 500 tonnes of waste soil and stones (waste code table 2). Business A deregisters the exemption because the work is finished.
December 2025: Business B registers a U1 exemption at the same site. Business B can use only up to 2,000 tonnes of waste from table 1 and up to 500 tonnes of waste from table 2, until April 2028. This is because Business A has already used part of the maximum allowance from those waste code tables for that site, for that period of time.
April 2028: Business B can now register a new U1 and use the maximum 5,000 tonnes of waste from table 1 and 1,000 tonnes of waste from table 2 over the next 3 years.
Related exemptions
These are related exemptions for using or treating waste:
-
T6: treating waste wood and waste plant matter by chipping, shredding, cutting or pulverising
-
T7: treating waste bricks, tiles and concrete by crushing, grinding or reducing size (you need to register this with your local authority)
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.
Updates to this page
-
Updated to correct and clarify registration rules and types of activity you cannot carry out. Gives an example scenario to show how inherited waste limits apply at a site, when an exemption is deregistered before it expires.
-
Updated the message at the start to say changes to exemptions are expected to start in 2025 but that timescales have not been finalised.
-
Updated the example activities to better reflect the intended scope of the exemption. Removed references to out of date legislation. Updated the order of the information to make it easier to follow.
-
We have added information about changes to this waste exemption that are likely to happen during 2024 to 2025.
-
First published.