Household waste collection in England: FAQs
This briefing answers some frequently asked questions about constituents’ household waste and recycling collections.
This briefing provides an overview of the main legal provisions on household waste collection, but it does not cover all exceptions to the law. Constituents should seek professional legal advice if they require tailored advice for their individual circumstances.
MPs and their staff can contact the Library for information about the rules in Wales, Scotland and Northern Ireland and for further information on waste and recycling in any part of the UK.
What waste materials should a local authority collect?A waste collection authority (WCA), typically a district, metropolitan, city, or unitary council, has a duty under section 45 of the Environmental Protection Act 1990 (EPA 1990) to arrange for the collection of household waste.
“Household waste” is defined primarily by the place where it is produced (see the next FAQ), subject to specific exclusions set out in regulations.
Section 45A of the EPA 1990 makes further provision in relation to recyclable household waste. Government guidance, Simpler recycling: household recycling in England (13 May 2025), summarises that WCAs must arrange for the separate collection of the following waste streams:
- food and garden waste
- paper and card
- other dry recyclable materials (including glass, metal, plastics and cartons)
- residual waste (non-recyclable waste that is sent for energy recovery or to landfill)
The government guidance confirms the requirements apply to all households, including flats and communal properties.
WCAs are only required to collect garden waste where a household has requested the service. Authorities may charge for this service.
These requirements came into force on 31 March 2026. However, some local authorities have agreed transitional arrangements with the government, meaning they are not yet required to collect food waste.
What types of property can household waste be collected from?The term “household waste” is defined in section 75(5) of the EPA 1990 as being waste from:
- domestic property, that is to say, a building or self-contained part of a building which is used wholly for the purposes of living accommodation
- a caravan
- a residential home
- premises forming part of a university or school or other educational establishment
- premises forming part of a hospital or nursing home
The Controlled Waste (England and Wales) Regulations 2012, as amended, extend this list to further properties, including places of worship and penal institutions.
Section 45 of the EPA 1990 provides an exemption to the household waste collection duty where both:
- [the waste is] situated at a place which in the opinion of the authority is so isolated or inaccessible that the cost of collecting it would be unreasonably high, and
- the authority is satisfied that adequate arrangements for its disposal have been or can reasonably be expected to be made by a person who controls the waste
Some local authorities have agreed transitional arrangements with the government for the introduction of food waste collections.
These arrangements are set out in the schedule to the Environment Act 2021 (Commencement No. 9 and Transitional Provisions) Regulations 2024, which lists the 31 authorities concerned and the dates on which their transitional periods end.
Transitional arrangements were introduced primarily to avoid local authorities having to terminate existing long-term waste disposal contracts before their expiry. In some cases, these contracts extend beyond 31 March 2026 and relate to facilities used to process or dispose of collected waste.
As a result, affected authorities are not required to collect food waste until their transitional period has concluded. The longest transition date runs until 2043.
Can recycled materials be ‘co-mingled’ (mixed)?The Separation of Waste (England) Regulations 2025 allow waste collection authorities and other waste collectors to collect the plastic, glass and metal recyclable waste streams together.
Paper and card must be collected separately from other recyclable waste streams by default, unless an exception applies. Government guidance explains that an exception may apply where this is:
- not technically practicable
- not economically practicable, or
- offers no significant environmental benefit
The guidance also states that WCAs may collect food waste and garden waste together in a single container. Where this is the case, collections must take place at least weekly in order to meet the statutory requirement for weekly food waste collections.
If food and garden waste are co-collected, only the garden waste element may be charged, and households that do not want a paid garden waste service remain entitled to a free weekly food waste collection.
Are there any plans to collect film packaging and plastic bags?Further changes to collect these items are planned.
Under the Separation of Waste (England) Regulations 2024, waste collection authorities will be required to collect plastic film packaging and plastic bags as part of plastic recycling collections from 31 March 2027 (see regulation 1(5) and schedule 1, Part 4, paragraph 4(1)(e)).
How frequently does household waste have to be collected?The frequency of household waste collections is generally a matter for local authority discretion. While section 45 of the Environmental Protection Act 1990 (EPA 1990) places a duty on waste collection authorities to collect household waste, neither the act nor associated regulations specify a minimum collection frequency. An exception applies to food waste. Under section 45A of the EPA 1990, food waste must be collected at least once per week, unless transitional arrangements apply.
The government has published guidance, Ensuring good waste collection services for households, November 2024, which states that local authorities should ensure there is no build-up of odorous waste at the kerbside and that any changes to collections do not lead to an increase in fly-tipping. A council may be at risk of legal challenge if it does not comply with its duties.
Households can check their bin collection schedule using the government’s online service, Find out your rubbish collection day.
Can a local authority charge for the collection of household waste?Local authorities may charge for the collection of certain types of household waste that they have a duty to collect, but only where this is permitted by legislation.
Section 45(3) of the Environmental Protection Act 1990 provides that no charge may be made for the collection of household waste except in cases prescribed in regulations.
These exceptions are set out in Schedule 1 (paragraph 4) to the Controlled Waste (England and Wales) Regulations 2012 (as amended). They include, among other categories:
- any article over 25kg;
- any article that does not fit into the receptacle provided;
- garden waste;
- asbestos;
- clinical and offensive waste; and
- waste from institutions such as residential homes, educational establishments, hospitals, nursing homes, and penal institutions
While local authorities have the power to charge for the collection of garden waste, some choose to provide this service free of charge.
In December 2024, the government stated that there was “not a sufficient economic or environmental case to require local authorities to offer a free garden waste collection service”.
Does medical waste from households have to be collected?Under schedule 1 to the Controlled Waste (England and Wales) Regulations 2012 (as amended), “clinical waste” and “offensive waste” arising from a domestic property are classified as household waste, subject to specified exceptions.
These terms are defined in more detail within schedule 1 to the regulations. Waste falling within these definitions is therefore subject to the general duty on waste collection authorities to arrange for the collection of household waste.
The regulations also provide that waste collection authorities may charge for the collection of clinical and offensive waste from domestic properties.
Can the local authority specify what bins are used and where they are placed?Local authorities have powers to specify the type, number and use of receptacles for household waste.
Under section 46 of the Environmental Protection Act 1990 (EPA 1990), a waste collection authority may require waste to be placed in receptacles of a specified kind and number. The authority may also make provision in relation to:
- the size, construction and maintenance of the receptacles;
- the placing of the receptacles for the purpose of facilitating the emptying of them, and access to the receptacles for that purpose;
- the placing of the receptacles for that purpose on highways;
- the substances or articles which may or may not be put into the receptacles or compartments of receptacles of any description and the precautions to be taken where particular substances or articles are put into them; and
- the steps to be taken by occupiers of premises to facilitate the collection of waste from the receptacles.
Further information on local requirements is usually provided on individual local authority websites.
In addition, section 46A of the EPA 1990 gives local authorities powers to issue written warnings and, where appropriate, penalties for failure to comply with requirements relating to household waste receptacles.
What can someone do if they are unhappy with their waste service?If an individual believes a local authority has not met its waste collection duties, they should first complain directly to the authority, via the authority’s formal complaints procedure.
If the issue is not resolved to their satisfaction, it may be possible to refer the complaint to the Local Government and Social Care Ombudsman, which investigates certain complaints about councils and certain other public bodies.