Fly Tipping on the rise

Fly-Tipping: The Law, Penalties and Responsibilities

Fly-tipping is the illegal deposit of waste on land or in water without the required permission or waste-management authorisation.

It can involve anything from a single bag, mattress or item of furniture to building waste and complete lorry loads.

Fly-tipping damages the environment, creates health and safety risks and leaves councils and private landowners with substantial clearance costs.

How Serious Is the Problem?

Fly-tipping remains a significant problem across England.

Commonly dumped items include:

• household rubbish;


• furniture and mattresses;


• white goods;


• garden waste;


• building and demolition waste;


• tyres;


• electrical equipment;


• commercial waste; and


• hazardous materials.

Dumping a small quantity of waste is still fly-tipping. Leaving rubbish beside a bin, recycling point, or charity shop can also amount to an offence where there is no permission to do so.

Penalties for Fly-Tipping

A person caught fly-tipping may receive a fixed penalty notice or be prosecuted.

Possible consequences include:

• a fixed penalty notice of up to £1,000;


• an unlimited court fine;


• a community order;


• imprisonment for serious offences;


• payment of investigation and clean-up costs;


• seizure of a vehicle; and


• confiscation or destruction of a vehicle used in the offence.

The penalty will depend on factors including the quantity and type of waste, the harm caused, whether the offence was planned and whether the offender has committed similar offences before.

Vehicle Seizure

Local authorities and the Environment Agency have powers to seize vehicles suspected of being used in certain waste offences.

A vehicle may be seized where it is believed to have been used to:

• fly-tip waste;


• transport waste unlawfully;


• operate as an unregistered waste carrier; or


• commit another qualifying waste offence.

A court may order the forfeiture of a vehicle following conviction. Councils may also destroy or sell vehicles in circumstances permitted by law.

Householders’ Duty of Care

Householders are responsible for taking reasonable steps to ensure that their waste is transferred only to an authorised person.

This applies when paying someone to remove:

• household rubbish;


• garden waste;


• old furniture;


• appliances;


• building materials;


• waste from home improvements; or


• the contents of a house, garage or shed.

Before handing over waste, a householder should:

• ask who will be taking it;


• check that the person or business is authorised to carry waste;


• record the business name and contact details;


• note the vehicle registration;


• ask where the waste will be taken; and


• retain a receipt or other evidence of the arrangement.

A suspiciously cheap quotation, a cash-only arrangement or a refusal to provide business details may indicate that the waste will not be disposed of lawfully.

If Your Waste Is Found Fly-Tipped

A householder is not automatically guilty merely because their waste is later found fly-tipped.

The council should investigate whether reasonable checks were made before the waste was transferred.

Evidence that may help includes:

• the waste carrier’s registration details;


• a receipt or invoice;


• messages arranging the collection;


• the vehicle registration;


• photographs;


• payment records; and


• details of the person or company used.

A householder who cannot identify the person who took the waste, or who gave it to an unauthorised carrier without making reasonable checks, may receive a fixed penalty notice or face prosecution.

Businesses and Commercial Waste

Businesses have wider waste duty-of-care obligations.

They must normally:

• store waste securely;


• prevent it escaping;


• use authorised waste carriers;


• send waste to an authorised site;


• provide an accurate description of the waste;


• complete and retain waste transfer documentation; and


• take reasonable steps to prevent unlawful disposal.

A business remains responsible for checking how its waste is handled even where a contractor has been instructed.

Waste From Building and Gardening Work

Waste produced by a builder, gardener, roofer or other contractor may be commercial waste rather than ordinary household waste.

The contract should make clear:

• who owns the waste;


• who is responsible for removing it;


• whether disposal costs are included;


• whether the contractor is registered to carry waste; and


• where the waste will be taken.

Homeowners should not assume that a tradesperson will dispose of waste lawfully merely because removal is included in the price.

Fly-Tipping on Public Land

Fly-tipping on roads, pavements, parks and other land maintained by the council should normally be reported to the local authority.

When making a report, provide:

• the exact location;


• the date and time it was seen;


• a description of the waste;


• photographs where safe;


• details of any vehicle;


• a vehicle registration number;


• a description of those involved; and


• details of any witnesses.

Do not open bags or containers, touch hazardous materials or put yourself at risk to obtain evidence.

Fly-Tipping on Private Land

Where waste is dumped on private land, the owner or occupier will usually be responsible for arranging and paying for its lawful removal.

This can appear unfair because the landowner is the victim of the offence. However, councils do not normally have a duty to clear fly-tipping from private property.

The landowner should:

• photograph and record the waste;


• report it to the council or the Environment Agency;


• preserve evidence before clearance;


• avoid disturbing hazardous material;


• use an authorised waste carrier; and


• retain disposal records.

The council may investigate and prosecute an identifiable offender. A court may also order an offender to pay compensation or clean-up costs in an appropriate case.

If the landowner fails to remove waste that presents a risk or nuisance, the council may be able to serve a notice requiring clearance and may take further enforcement action if the notice is ignored.

Large-Scale or Hazardous Dumping

The Environment Agency may become involved where dumping is:

• large-scale;


• linked to organised crime;


• commercial in nature;


• connected with an illegal waste site;


• hazardous; or


• an immediate threat to human health or the environment.

Suspected asbestos, chemicals, oil, clinical waste or sealed drums should not be handled.

Can You Take Items Left by Fly-Tippers?

Removing or reusing apparently abandoned items can create legal and safety problems.

The waste may:

• belong to somebody else;


• contain hazardous substances;


• be contaminated;


• be required as evidence; or


• be unsafe to transport or use.

Permission should be obtained from the landowner or responsible authority before removing anything.

Charges at Recycling Centres

Council recycling centres may charge for some materials, particularly waste treated as construction or DIY waste, vehicle parts, tyres or commercial waste.

Charging policies differ between councils and sites.

A charge does not provide a defence to fly-tipping. Anyone who does not wish to pay must use another lawful method of disposal.

Preventing Fly-Tipping

Possible preventative measures for councils, businesses and landowners include:

• barriers and controlled access;


• improved lighting;


• CCTV and mobile cameras;


• clear signage;


• locking gates;


• rapid removal of dumped waste;


• community reporting;


• vehicle and carrier checks;


• targeted enforcement;


• education campaigns; and


• environmental design, artwork or planting.

Community artwork and signs suggesting that an area is being watched may discourage opportunistic dumping, but they should complement rather than replace enforcement and practical security.

What to Do if You Are Accused of Fly-Tipping

Do not ignore a fixed penalty notice, interview request, vehicle seizure notice or prosecution letter.

Keep:

• receipts;


• waste transfer notes;


• carrier registration details;


• photographs;


• messages and emails;


• vehicle records;


• contracts; and


• evidence showing where the waste was taken.

A fixed penalty notice is normally an opportunity to discharge potential criminal liability by paying the stated amount. Refusing or failing to pay may result in prosecution, during which the court can impose a different, potentially more serious penalty.

How a Solicitor Can Help

A solicitor may advise on:

• fly-tipping allegations;


• fixed penalty notices;


• interviews under caution;


• vehicle seizure and forfeiture;


• Environmental Protection Act prosecutions;


• waste carrier registration;


• business duty-of-care obligations;


• notices requiring land clearance;


• disputes concerning private land;


• recovery of clean-up costs; and


• appeals and court proceedings.

Finding an Environmental Law Solicitor

Fly-tipping is a criminal offence, whether it involves one bag of rubbish or a complete lorry load. Householders and businesses must also take reasonable steps to ensure that anyone removing their waste is authorised.

Use the search facility at the top of this page to find a solicitor who can advise on environmental offences, waste regulation, fixed penalties or fly-tipping disputes.

This guide provides general information about fly-tipping law in England. Different procedures and enforcement arrangements apply in Wales, Scotland and Northern Ireland. It does not constitute legal advice about an individual incident or prosecution.