Provisions the documents cite: s.34(1) (duty of care on anyone who imports, produces, carries, keeps, treats or disposes of controlled waste, or has control of it as a dealer or broker), s.34(2) (s.34(1) does not apply to an occupier of domestic property as respects household waste produced on the property), s.34(2A) (household waste duty of care — occupier of domestic property in England or Wales), s.34(3)–(4) (authorised persons; authorised transport purposes), s.34(5) (documents), s.34(6) (offence), s.34(7)–(10) (code of practice), s.34ZA (fixed penalty notice for breach of s.34(2A) in England)
What it requires
Anyone who imports, produces, carries, keeps, treats or disposes of controlled waste, or as a dealer or broker has control of it, must take all such measures applicable to them in that capacity as are reasonable in the circumstances to prevent any contravention by another person of s.33 or of regulation 12 of the Environmental Permitting Regulations or a permit condition, to prevent the escape of the waste from their control or anyone else's, and on transfer to secure that the transfer is only to an authorised person or for authorised transport purposes and that a written description of the waste goes with it sufficient for others to avoid a contravention and comply with the duty (s.34(1)). That duty does not apply to an occupier of domestic property as respects the household waste produced on the property (s.34(2)). Instead, the occupier of any domestic property in England or Wales must take all such measures available to them as are reasonable in the circumstances to secure that any transfer by them of household waste produced on the property is only to an authorised person or for authorised transport purposes (s.34(2A)). Authorised persons include a waste collection authority, the holder of a waste management licence, a person exempt under regulations, a registered carrier of controlled waste and a person not required to register (s.34(3)). Failure to comply with s.34(1), (1A) or (2A), or with document requirements under s.34(5), is an offence: on summary conviction a fine not exceeding the statutory maximum, on indictment a fine (s.34(6)). The code of practice under s.34(7) gives practical guidance on the s.34(1) duty and is admissible in evidence and taken into account where relevant (s.34(10)); the Waste duty of care code of practice (gov.uk, 2018) says occupiers of domestic property have the separate s.34(2A) duty, that the wider duty (including waste transfer notes) does not apply to them, and gives non-statutory guidance for them in its section 5. In England an enforcement authority may offer a fixed penalty for a s.34(2A) breach instead of prosecution: the amount set by the authority, between £150 and £600, or £200 if none is set, with any discount for early payment not below £120; no proceedings for 14 days after the notice (s.34ZA). Which waste is household, commercial or industrial waste is set by the Controlled Waste (England and Wales) Regulations 2012 (register entry controlled-waste-regs-2012): waste from construction, repair, improvement or alteration works is industrial waste, treated as household waste only for s.34(2) and (2A). Defra's fixed penalty guidance for local authorities (updated 1 April 2024) says, citing section 5.2 of the code, that where a tradesperson is working on a property they are responsible for the waste they produce, and as the occupier is not producing it the household duty of care does not apply. The written transfer note and its retention are in the Waste (England and Wales) Regulations 2011 (register entry waste-regs-2011). WATCH — S.I. 2026/873 reg 24(3) amends s.34(1) and (3) and inserts s.34(1ZA) from 22 July 2027 (listed as unapplied; not read). The s.34 text summarised is the England and Wales version.
The instrument itself: https://www.legislation.gov.uk/ukpga/1990/43/section/34. The summary above is our plain-English reading, not the text of the instrument — always work from the source.
How this entry is kept current
- Citation status: read in full at the primary source.
- Watched by: legislation.gov.uk Changes to Legislation tab — S.I. 2026/873 amendments due 22 July 2027.
- Source last checked by the automated scan: not yet — first scan pending.
Every source is re-checked monthly and the result is published in the scan log. A change that alters what a document should say raises a revision, and past buyers of that document are told.
The 26 documents that cite it
Every KubitDocs document prints its statutory basis on the form itself, so the person signing can verify the citation rather than take our word for it.
Carpentry & Joinery topic RAMS
Company policies
Demolition & Strip-Out topic RAMS
Demolition and strip-out quality checklists
- Pre-Strip Survey and Services Isolation — Quality Inspection Checklist
- Salvage, Retained Items and Protection — Quality Inspection Checklist
- Strip-Out Complete — Area Handover — Quality Inspection Checklist
- Structural Protection and Propping in Place — Quality Inspection Checklist
Environmental management
- Dust and Noise Management Plan
- Environmental Incident Report
- Environmental Risk Register and Aspects Assessment
- Site Waste Management Plan