Provisions the documents cite: reg 1(2) (extent), reg 3 (waste not treated as household, industrial or commercial waste), reg 4 and Schedule 1 — para 1 (construction includes improvement, repair or alteration), para 2 (classification by place of production, incl. entries 1–4 and 11), para 3 (classification by nature of waste or activity, taking precedence over para 2 — entry 9 construction or demolition waste, entry 8 waste oil, solvent and scrap metal), para 4 (household waste for which collection and disposal charges may be made, incl. entry 6 asbestos)
What it requires
The Regulations classify waste as household, industrial or commercial waste for Part 2 of the Environmental Protection Act 1990, and so settle what is controlled waste (reg 4, Schedule 1; explanatory note). By place of production, waste from private storage premises for domestic articles, land used in connection with domestic property, a private garage of 25 m2 or less used mainly for a private vehicle, and living-accommodation vehicles or vessels is household waste, while waste from domestic property used in the course of a business for self-catering accommodation is commercial waste (Sch 1 para 2, entries 1–4 and 11); but where para 3 classifies waste differently, para 3 prevails (para 2(4)). By nature or activity, and whatever the place where it is produced (para 3(1)), waste from construction or demolition works, including preparatory works, is industrial waste (para 3 entry 9), and "construction" includes improvement, repair or alteration (para 1); waste oil, waste solvent and scrap metal are industrial waste (entry 8). Exception to entry 9 — in Wales the waste is treated as household waste for the purposes of s.34(2) and (2A) of the Act only; in England (entry substituted from 31 December 2023 by S.I. 2023/1243) it is treated as household waste for s.34(2) and (2A), and for s.51 (functions of waste disposal authorities) only where it is produced at a domestic property by the occupiers carrying out their own construction or demolition works, the works are not works for which payment has been or is to be made, each delivery to a disposal site is less than 100 litres and capable of fitting into two 50-litre bags or is a single article no larger than 2000 mm × 750 mm × 700 mm, and there are no more than four visits per household in any four-week period. Asbestos is household waste for which a collection charge may be made (para 4 entry 6). REASONING, supported by government guidance — construction, repair or improvement work done at a home by a builder or tradesperson produces industrial waste to which the s.34(1) duty of care applies to the person producing it; Defra's household waste duty of care fixed penalty guidance (updated 1 April 2024), citing section 5.2 of the Waste duty of care code of practice, says a tradesperson working on a property is responsible for the waste they produce and that the occupier's household duty of care does not apply because the occupier is not producing or transferring it. A homeowner's own DIY construction waste is treated as household waste under s.34(2A). The Regulations extend to England and Wales (reg 1(2)).
The instrument itself: https://www.legislation.gov.uk/uksi/2012/811. The summary above is our plain-English reading, not the text of the instrument — always work from the source.
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The 2 documents that cite it
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