The Environmental Protection Act 1990 was amended by the Environment Act 2021 in order to introduce requirements for the separation of waste. The provisions require that all recyclable waste of a household nature from the following premises is presented separately for collection and is also collected separately:
The requirement applies to recyclable waste streams and is designed to increase the amount of waste that is recycled or composted via clear separation of the waste streams which, in turn, ensures they are not cross contaminated. As a result, each of the following waste streams is covered by the requirements:
More information about the types of waste that falls into the above waste stream categories is given in the "Meaning of household waste" section below.
When does this requirement apply?
In general, the requirement applies to all non-domestic premises from 31 March 2025 and to all households from 31 March 2026.
However, there are transitional provisions that apply making the implementation of the requirements complicated in some cases. More information on this is contained in the "application dates" section below.
In addition, the Separation of Waste (England) Regulations SI 2025/140 provide an exemption for micro-firms, meaning they do not have to begin separating waste until 31 March 2027. This covers all businesses that have fewer than 10 full-time equivalent employees on 31 March 2025.
What does this mean for businesses?
There is a requirement that all businesses presenting the in-scope waste for collection must make sure it is presented separately in accordance with waste collection arrangements. This means, potentially, a presentation of at least six different waste streams for collection (recycling waste streams mentioned above plus general waste).
However, the previous Conservative government announced that through their Simpler Recycling plan, this should not be the case. The Labour government then took this idea forward and put in place exemptions that would allow glass, metal and plastic to be collected together. More information is provided in the "exemptions" section.
A lot (but not all) of the responsibility of this lies on waste collectors, and so it is important to ask those who collect your waste what will have to be done as regards waste collection arrangements.
Written assessments
The Environmental Protection Act 1990 states that two or more recyclable waste streams can be collected together when:
However, if this exemption is to be used, the waste collector must prepare a written assessment justifying why the exemption applies. Guidance on this written assessment, including advice on when the exemption is applicable, can be found here.
General exemption
The Separation of Waste (England) Regulations SI 2025/140 sets out a more general exemption that is applicable in all circumstances without the need of a written assessment. In this exemption, if a waste collector chooses to do so:
In this scenario, paper and card must always be collected separately, and food waste from all non-domestic and business/commercial premises must be kept separate too. It also essentially means that, if the exemption is applied by a waste collector, premises in England will have to use at least four different waste containers as a minimum for:
It is important to note that the exemption applies to the collection of waste, so it is in the control of waste collectors. The collectors can choose not to use the exemption, meaning that recyclable waste will have to be collected separately. It is therefore important to discuss collection arrangements with those who collect waste from premises.
Micro-firms
Those Regulations also contain an exemption for micro-firms until 31 March 2027, as detailed above.
Application dates and separate recycling requirements
This In Focus has mentioned various requirements and application dates. In order to try and simplify what has to be done by whom, the table below separates out the requirements and applicable dates.
The transitional provisions in particular are complex, especially as they apply to different waste collections at different premises. We've simplified them for you in the table below to show what the requirement is and when it will take effect. If you would like to see the original transitional provisions, please refer to the Environment Act 2021 (Commencement No. 9 and Transitional Provisions) Regulations SI 2024/639.
| Type of collection | New requirement in the Environmental Protection Act 1990 |
Application/Transitional Provision |
| Domestic - household waste collections |
Domestic waste collections of glass, metal, plastic, paper, card, food waste and garden waste by an English waste collection authority must meet the following conditions:
|
This requirement does not apply fully until 31 March 2026. However, English waste collection authorities must continue to collect recyclable waste from domestic properties as it did before 17 May 2024. |
|
Non-domestic - household waste collections from:
|
Collections of glass, metal, plastic, paper, card and food waste from non-domestic premises in England must meet the following conditions:
|
This requirement applies fully from 31 March 2025. However, English waste collection authorities must continue to collect recyclable waste from non-domestic properties as it did before 17 May 2024 until 31 March 2025. In addition, waste does not have to be presented separately until 31 March 2025. Micro-firms are exempt from this requirement until 31 March 2027.
|
| Any premises from which industrial and commercial waste collections take place |
Where these collections, in England, involve the collection of waste that is similar in nature and composition to household waste, collections must meet the following conditions:
|
This requirement applies fully from 31 March 2025. Waste does not have to be presented separately until 31 March 2025. Micro-firms are exempt from this requirement until 31 March 2027. |
| Domestic - food waste collections from 31 March 2026 |
Food waste must be collected separately from glass, metal, plastic, paper and card as well as other household waste, and must be collected at least once a week. If the exemptions are applied, food waste could be mixed with garden waste. It is important to check with the local authority to see what arrangements are in place before this waste is mixed. (Please note, there is no threshold that applies to this. All food waste in any quantity is eligible for separate collection) |
The Full Text of the Schedule to SI 2024/639 mentions waste collection areas in England alongside a date. In those areas, and until that specified date, the separate collection of food waste is not mandatory. In all other areas not mentioned in that Schedule, the separate collection of food waste is mandatory from 31 March 2026. |
|
Non-domestic - food waste collections from 31 March 2025 at:
|
Food waste must be collected separately from glass, metal, plastic, paper and card as well as other household waste. (Please note, there is no threshold that applies to this. All food waste in any quantity is eligible for separate collection) |
The Full Text of the Schedule to SI 2024/639 mentions waste collection areas in England alongside a date. In those areas, and until that specified date, the separate collection of food waste is not mandatory. In all other areas not mentioned in that Schedule, the separate collection of food waste is mandatory from 31 March 2025. Micro-firms are exempt from this requirement until 31 March 2027. |
|
Food waste collections from 31 March 2025 from all premises that produces commercial or industrial waste |
Food waste must be collected separately from glass, metal, plastic, paper and card as well as other household waste. |
This is a mandatory requirement from 31 March 2025. Micro-firms are exempt from this requirement until 31 March 2027. |
All of the requirements above apply to household waste, or to commercial and industrial waste that is of a household nature (referred to as "relevant recyclable waste"). To clarify what this means, the Government has published the Separation of Waste (England) Regulations SI 2024/666 which set out descriptions of the waste that is considered to be recyclable within each of the named waste streams.
The table below show what these descriptions are. These waste items (with the exception of food and garden waste) are to be considered as recyclable only if:
| Waste Stream | Description |
| Glass |
Only items which measure a minimum of 40mm x 40mm are included. |
| Metal |
|
| Plastic |
The descriptions above do not include any:
|
| Paper and card |
All paper and card, with the exception of:
|
| Food waste (please note, there is no threshold that applies to this. All food waste in any quantity is eligible for separate collection). |
|
| Garden waste |
All organic material from the garden with the exception of:
|
For more information, see:
