Who Is Legally Responsible for Skip Waste - You or the Hire Company?

When hiring a skip for a spring clear-out, renovation project or landscaping, most people assume all duty of care for waste falls on the skip hire company. While this is mostly the case, there are still obligations you need to fulfil as a homeowner.

This blog breaks down what the law actually says about skip waste and responsibility, and why it matters when selecting a domestic skip hire provider.

What does the law say about domestic skip hire waste?

The Environmental Protection Act 1990 (EPA) is the UK’s primary legislation covering waste management and pollution control. Section 34 of the document outlines the duty of care for waste for businesses, waste carriers and domestic customers - here’s a simple summary:

• The full duty of care is ‘the duty of any person who imports, produces, carries, keeps, treats or disposes of controlled waste’, which is businesses and waste carriers.

• For domestic customers, full duty of care does not apply to household waste produced on their own property.

• Homeowners are exempt from ensuring waste doesn’t escape and from completing waste transfer notes or similar documents.

• The only duty homeowners have is to take reasonable steps to ensure household waste is transferred to an authorised waste carrier.

However, if you put the wrong items into your skip, things could get more complicated, so always consider what you can and can’t put in a hired skip before you start your clear-out or renovation.

What is an authorised waste carrier?

Authorised waste carriers are companies registered with the Environment Agency to collect and transport waste legally, such as TW Services.

Anyone who doesn’t ensure skip waste is handed over to an authorised waste carrier could be liable and even face fines. For example, if you hire a skip company that isn’t licensed and your waste is fly-tipped, you have actually breached Section 34(2A) of the EPA - even if you had no idea they weren’t registered.

You can check whether a company is licensed to carry and dispose of waste on the Register of Waste Carriers, Brokers and Dealers.

What happens when a skip leaves your property?

Once a licensed waste carrier collects the skip from your property, it’s their legal concern and no longer yours.

The waste carrier must:

• Take all reasonable steps to manage it responsibly

• Prevent others from illegally disposing of the waste

• Stop the waste from escaping their control

• Transfer waste to an authorised facility

• Provide a waste transfer note to the waste disposal facility

At TW Services, we have our own waste disposal facility in Richborough, meaning we control the entire process and can verify our Zero to Landfill promise - meaning no skip waste, rubbish or junk goes to landfill, and your waste is always handled responsibly.

Does this work differently for businesses?

Companies and commercial businesses must undertake the full duty of care outlined under Section 34(1), unlike domestic clients. This involves preventing waste from being illegally disposed of, keeping copies of waste notes and only transferring waste to an authorised carrier, among other responsibilities.

To protect yourself against fly-tipping penalties and ensure your waste is disposed of properly, the most important thing you can do is use a licensed authorised carrier.

If you’re looking for domestic skip hire you can trust, look no further than TW Services. We’re a registered waste carrier (registration number CBDU223059) with over 30-years of experience, and can take care of everything from skip delivery to collection and rubbish disposal.