New UK Waste Rules for 2026 | What Businesses Need to Know

Appropriate waste management is crucial for businesses to protect human health and the environment. Understanding statutory obligations is key to legal compliance and the avoidance of adverse publicity and potential fines. This blog aims to assist businesses in recognising and acting upon recent changes in UK legislation in how waste is separated, the role of extended producer responsibility for packaging and the new tracking obligations. Differences between the legal requirements in the devolved nations will be highlighted. Before considering the new requirements, a quick overview of individuals’ and businesses’ duty of care is outlined.

Duty of Care

Section 34 of the Environmental Protection Act 1990 established the mandatory duty of care to ensure that all reasonable steps are taken so that waste is properly managed and disposed of. The duty applies to individuals and businesses who import, produce, carry, keep, treat or dispose of controlled waste or (as a dealer or broker) has control of such waste. Waste must be stored securely, separated from domestic waste, transported by licensed waste carriers and waste transfer notes for non-hazardous waste kept for 2 years. A minor first-time breach of the duty of care can result in a £300 fine and warning. Conviction following severe, repeated breaches can attract unlimited fines.

New Waste Separation Requirements

Segregation of waste can ensure that its resale value is enhanced as non-contaminated waste can be more readily recycled. Not only can this reduce disposal costs, but good quality waste can also be sold at a premium. The environmental and health benefits are numerous. Using a resource that is already in existence means that virgin material is not needed. This can result in fewer trees being felled to make cardboard or paper and fewer resources being mined if metals are reused rather than put into landfill. Recycling existing material can reduce energy use and the associated greenhouse gas emissions, pollution and biodiversity loss. Correct storage of waste reduces the risk of contamination of land, water and air and the potential spread of harmful bacteria. The benefits are clear. The appropriate regulations are summarised below:

The Waste Separation Requirements (Wales) Regulations 2023 (as amended)

This came into force on 6th April 2024 and applies to workplaces (and hospitals since 6th April 2026). Regulation 2 sets out the separate recyclable waste streams for collection as follows:

• Glass
• Cartons and similar, metal and plastic
• Paper and card
• Food waste (if over 5kg in a 7-day period)
• Small waste electrical and electronic equipment
• Unsold textiles

Since 6th April 2026, all small waste electrical items must be separated for recycling, but employers are under a duty to try to repair or reuse these unwanted items rather than recycling them where possible, as set out in the Welsh Government's workplace recycling guidance.

Environment Act 2021 Simpler Recycling Reforms

This came into force in England on 31st March 2025 and applies to businesses with at least 10 employees. The duty is to separate the following waste streams before collection:

• Dry recyclable materials (plastic, metal, glass, paper, and card)
• Food waste
• Non-recyclable waste (residual waste)

The requirements will extend to micro-firms with fewer than 10 full-time equivalent employees on 31st March 2027.

Scotland and Northern Ireland

The rules in Scotland are more established, having come into force on 1st January 2014 in the Waste (Scotland) Regulations 2012, and apply to all organisations. The following materials must be presented for recycling:

• Glass (including drinks bottles and rinsed food jars)
• Metal (including rinsed cans and tins)
• Plastic (including drinks bottles and rinsed food containers)
• Paper
• Cardboard

Since 1st January 2016, food businesses which produce over 5kg of food waste per week must present it separately for collection unless excluded by a rural location. Under the Waste Regulations (Northern Ireland) 2011, co-mingling of recycled waste is permitted if it is still capable of being separated and provides quality materials. However, since 1st April 2016, businesses that produce over 5kg of food waste per week must also ensure that it is collected separately.

Extended Producer Responsibility for Packaging (pEPR)

The Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024 came into force on 1st January 2025 in the UK and subsequently replaced previous producer responsibility obligations on 1st January 2026. However, the original UK target to achieve a packaging recycling rate of 75% by 2030 remains.

Adopting a “polluter pays” principle, the Regulations make certain producers responsible for the environmental impact of the packaging they create and use. To qualify, an organisation must operate as a producer in the UK, in the course of a business, either directly or through an agent.

The Regulations apply if a business meets the threshold criteria for a large or small producer of packaging, defined broadly as:

• Large: having a turnover of over £2 million and supplying at least 50 tonnes of packaging per year
• Small: having a turnover between £1 million and £2 million and supplying over 25 tonnes of packaging each year, or having an annual turnover of over £1 million and supplying between 25 and 50 tonnes of packaging each year

Large producers should:

• Pay the waste disposal fee
• Pay scheme administrator costs
• Pay the registration charge to the environmental regulator (Environment Agency [England], Natural Resources Wales, Scottish Environment Protection Agency, or Northern Ireland Environment Agency)
• Get packaging waste recycling notes (PRNs) or packaging waste export recycling notes (PERNs) as evidence that packaging waste has been recycled
• Report data about packaging supplied or imported

Small producers should:

• Register with the appropriate regional regulator
• Pay the registration fee
• Collect and report data about the packaging

Full detail on thresholds and obligations is available in the government's extended producer responsibility for packaging guidance.

PackUK is the pEPR Scheme Administrator for the UK. Working with in-scope businesses, it sets the fee rates for household packaging materials, sends invoices and collects payments, which are then distributed to local authorities to reimburse household packaging waste management costs, as detailed in its Year 1 invoicing guidance for liable producers.

Breach of the Regulations can result in civil sanctions and criminal prosecutions. Persistent or serious offenders can be prosecuted and receive unlimited fines. Personal liability for directors can also be imposed.

Digital Waste Tracking

Phase 1 of the Digital Waste Tracking Regulations 2026 will come into force on 1st October 2026 in England, Wales and Northern Ireland. The Digital Waste Tracking (Scotland) Regulations 2026 is a similar scheme expected in Scotland from 1st January 2027.

The aim is to combine all UK waste tracking into a simple, single digitalised tracking system. Benefits include being able to identify how much waste is produced in real-time, where it is disposed of and how much is recycled so that recycling rates can be improved upon. This should also help reduce fly tipping, which not only causes significant social and environmental harm, but is thought to cost the UK economy £1 billion every year. Digital tracking will equip companies with better data regarding the waste they create and how it is disposed of, which can then lead to more sustainable strategies to reduce waste in the first instance and to choose materials capable of being recycled.

A voluntary scheme for Digital Waste Tracking in England, Wales and Northern Ireland is already underway to enable permitted waste receiving sites (i.e. sites required to hold a permit or licence to receive waste) to prepare for the mandatory requirements from 1st October 2026. These sites can link their waste management software to an application programming interface (API) or use a spreadsheet. Information that must be provided includes movement details, European Waste Catalogue (EWC) codes, a description, weight and treatment outcomes, as set out in the receipt data definitions.

Household waste recycling centre (HWRC) operators will be included in England during phase 1 and subsequently in the rest of the UK. Once phase 1 becomes mandatory, an annual service charge of £26 must be paid. Breach of the Regulations can result in formal warnings, statutory notices, civil penalties, suspension or revocation of permits and prosecution.

The first phase in Scotland will initially apply to waste received at permitted facilities, although all waste movements and transfers will subsequently be included. The voluntary launch of phase 2 for carriers, brokers and dealers is planned for April 2027.

A Digital Waste Tracking Timeline has been created by the Environment Agency and is set out below:

Staying on top of your waste obligations doesn't have to be overwhelming. As the rules around duty of care, waste separation, extended producer responsibility and digital tracking continue to evolve across the UK, having the right knowledge in place protects your business from fines and reputational harm while supporting a genuinely more sustainable operation. Astutis provides environmental training to help individuals and organisations understand and meet their legal obligations with confidence. To find out how we can support your business, get in touch.