U1: using waste in construction
Source: gov.uk (2025-10-28)

Types of waste and the maximum amounts you can use in building projects, landscaping or drainage works under a U1 exemption.

There’s a charge for most waste exemptions

This exemption is in band 1. Read waste exemption charges (https://www.gov.uk/government/publications/waste-exemptions-how-to-choose-register-and-pay/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 (https://www.gov.uk/guidance/flood-risk-activities-environmental-permits) or planning permission (https://www.gov.uk/planning-permission-england-wales).

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 (https://www.gov.uk/find-local-council))
- Internal Drainage Board (http://www.ada.org.uk/idb_members_map.html)
- the Environment Agency
You will need an environmental permit (https://www.gov.uk/guidance/check-if-you-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

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

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

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

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 (https://www.standardsforhighways.co.uk/) and have a sealed surface.

Table 5

Maintaining a linear network

You can use up to 500 tonnes of these waste types per linear mile, per year, in any combination.

You can only register along a linear network to carry out maintenance and repairs, such as using waste to fill in potholes.

Table 6

Register a U1 waste exemption

You can register and pay through the waste exemption service (https://www.gov.uk/guidance/register-your-waste-exemptions).

There’s a different process for registering along a linear network.

Registering along a linear network

Linear networks are long stretches that do not have a defined address or gridpoint. They include roads, rivers, canals and railways.

You can use a U1 exemption for maintenance or repair work along a linear network.

Fill in the linear networks registration form (https://www.gov.uk/government/publications/waste-exemptions-bulk-registration-form) instead of using the online registration service.

Register in the name of the business, at the registered office or main place of business.

You’ll need to provide one of the following:

grid references for the start point A and end point B of your area of waste activity

a map showing all your areas of activity with descriptions of the locations

Email your form, and map if necessary, to xxx@xxx.xx (mailto:xxx@xxx.xx).

New construction and linear network maintenance

If you need a U1 exemption for a new construction at a linear site that’s already registered with a U1, email details of your plans to xxx@xxx.xx (mailto:xxx@xxx.xx).

The Environment Agency will then contact you to discuss the registration.

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.

Charges for registering a U1 waste exemption

Read waste exemption charges (https://www.gov.uk/government/publications/waste-exemptions-how-to-choose-register-and-pay/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 (https://www.gov.uk/government/publications/waste-exemptions-how-to-choose-register-and-pay) in full.

Charities register free

Charities do not have to pay for waste exemptions. If you’re a charity, call the Environment Agency to register free of charge.

To qualify as a charity, your organisation’s aims and purposes must be exclusively charitable. Your organisation must operate for the public benefit.

Read the Charity Commission’s list and descriptions of charitable purposes (https://www.gov.uk/government/publications/charitable-purposes/charitable-purposes) to find out if your organisation falls within one of the 13 types of charitable activity.

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:

U8: using waste for a specified purpose (https://www.gov.uk/guidance/waste-exemption-u8-using-waste-for-a-specified-purpose)

T5: screening and blending of waste (https://www.gov.uk/guidance/waste-exemption-t5-screening-and-blending-waste)

T6: treating waste wood and waste plant matter by chipping, shredding, cutting or pulverising (https://www.gov.uk/guidance/waste-exemption-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 (https://www.gov.uk/find-your-local-council))

Contact the Environment Agency

General enquiries

National Customer Contact Centre PO Box 544RotherhamS60 1BY

Email xxx@xxx.xx (mailto:xxx@xxx.xx)

Telephone 03708 506 506

Telephone from outside the UK (Monday to Friday, 8am to 6pm GMT) xx-xxxx-xxxx

Monday to Friday, 8am to 6pm.