Regulatory Decision 013: Storing waste from formerly occupied property by Local Authorities or Housing Associations
This Regulatory Decision (RD) is valid until 31 March 2026 by which time it will be reviewed. You should check back at that time to ensure the Regulatory Decision is still valid.
NRW can withdraw or amend this RD before the review date if we consider it necessary. This includes where the activity that this RD relates to have not changed.
Regulatory Decision
This RD relates to storage of waste generated by tenants in empty Local Authority and Housing Association properties.
When a former tenant leaves waste in a property owned by a Local Authority or a Housing Association the tenants are considered the waste producer. This waste has not been produced by the Local Authority or Housing Association.
Local Authority or Housing Association would normally need an environmental permit for a waste operation to store this waste. This is because it does not fall within Waste exemption: NWFD 3 temporary storage of waste at a place controlled by the producer.
However, if you comply with the conditions in this RD, you can temporarily bulk up and store waste left by former tenants, before it’s collected, at a location controlled by the Local Authority or Housing Association without an environmental permit for a waste operation.
If you cannot comply with the conditions in this RD, you need to apply for an environmental permit.
When this RD applies
This RD only applies Local Authorities and Housing Associations who temporarily store non-hazardous waste that’s been left by former tenants when they clear empty properties.
This RD does not apply to any other activity, even if it is under the same legislation. You may still need other permits or licences for other activities you carry out.
Conditions you must comply with
You must:
- only store non-hazardous waste
- store the waste at a place controlled by the Local Authority or Housing Association
- store the waste for no longer than 3 months
- store no more than 50m3 of non-liquid waste at any one time
- store no more than 1,000 litres of liquid waste at any one time
- store all liquid waste in a container with secondary containment to prevent waste escaping
- store waste in a secure place – one where you have taken all reasonable precautions to prevent waste escaping and where members of the public cannot access it
- not mix different types of waste
- keep records for 2 years that show you have complied with this RD – you must make these records available to Natural Resources Wales on request
Enforcement
This RD does not change your legal requirement to have an environmental permit for a waste operation when storing waste from formerly occupied property by Local Authorities or Housing Associations.
However, NRW will not normally take enforcement action if you do not comply with the need for an environmental permit if you meet the requirements in this RD.
In addition, your activity must not cause (or be likely to cause) pollution of the environment or harm to human health, and must not:
- cause a risk to water, air, soil, plants or animals
- cause a nuisance through noise or odours
- adversely affect the countryside or places of special interest