Guidance

U1: 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

There’s a charge for most waste exemptions

This exemption is in band 1. Read waste exemption charges to find out what the charges are and how much you’ll pay.

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:

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

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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
010102 Waste from mineral non-metalliferous excavation
010408 Waste gravel and crushed rock not containing hazardous substances
010409 Waste sand and clay from exploration, mining, quarrying or treatment of minerals
020202 Shellfish shells from which the soft tissue or flesh has been removed only
101208 Waste ceramics, bricks, tiles and construction products (after thermal processing)
101314 Waste concrete and concrete sludge
170101 Concrete
170102 Bricks
170103 Tiles and ceramics
170107 Mixtures of concrete, bricks, tiles and ceramics not containing hazardous substances
170508 Track ballast not containing hazardous substances
191205 Glass
191209 Minerals (for example sand and stone) from waste management or water treatment facilities
191212 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
020399
020401
Soil from cleaning and washing fruit and vegetables only
170504 Soil and stones (from construction and demolition sites) not containing hazardous substances
170506 Dredging spoil not containing hazardous substances
191302 Solid waste from soil remediation not containing hazardous substances
200202 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
170302 Bituminous mixtures not containing coal tar
020103 Plant tissue waste
030101
030301
Untreated waste bark, cork and wood only
030105 Untreated wood, including sawdust, shavings and cuttings from untreated wood only
170201 Untreated wood only
191207 Untreated wood not containing hazardous substances
200138 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 and have a sealed surface.

Table 5

Waste code Type of waste
170302 Bituminous mixtures not containing coal tar
170504 Road sub base only

Register a U1 waste exemption

You must register with the Environment Agency.

There’s a different registration process for using waste to carry out repairs along a linear network. See the section ‘Waste activity along a linear network’.

Charities register by phone

Charities and organisations that work only for charitable purposes do not have to pay for waste exemptions. If you’re a charity, call the Environment Agency to register free of charge.

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 fill in 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
010408 Waste gravel and crushed rock other than those mentioned in 010407
010409 Waste sand and clays
020202 Shellfish shells from which the soft tissue or flesh has been removed
101208 Waste ceramics, bricks, tiles and construction products (after thermal processing)
101314 Waste concrete and concrete sludge
170101 Concrete
170102 Bricks
170103 Tiles and ceramics
170107 Mixtures of concrete, bricks, tiles and ceramics other than those mentioned in 170106
170506 Dredging spoil other than that mentioned in 170507. 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.
170508 Track ballast, other than that mentioned in 17 05 07
191205 Glass
191209 Minerals (such as sand and stones)
191212 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.

Charges for registering a U1 waste exemption

Read waste exemption charges to find out what the charges and charging bands are.

U1 exemption has a band 1 compliance charge.

There’s a registration charge to register one or more exemptions at a time.

You may get a discount on the compliance charge if you register other exemptions at the same time.

Charges for farmers

Farmers pay a capped charge for any number of farming exemptions. U1 is included in the list of farming exemptions.

Read waste exemptions guidance in full.

Waste limitsat 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.

These are related exemptions for using or treating waste:

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

Published 12 September 2019
Last updated 1 July 2025 show all updates
  1. Updated with information about charges and charging bands for waste exemptions.

  2. 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.

  3. Updated the message at the start to say changes to exemptions are expected to start in 2025 but that timescales have not been finalised.

  4. 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.

  5. We have added information about changes to this waste exemption that are likely to happen during 2024 to 2025.

  6. First published.

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