These regulations support the introduction of separate waste collection requirements for businesses, households and certain non-domestic premises in England. Recyclable streams for separate collection are defined in advance of the separate collection duty coming into force. 

The separate collection duty is programmed to apply from 31 March 2025 for most businesses (31 March 2027 for micro businesses).

Despite the duties above, the draft Separation of Waste (England) (No. 2) Regulations 2024 (covered below) are expected to allow comingled collections of recyclable streams.

The Separation of Waste (England) Regulations 2024 apply updated separate waste collection requirements for businesses, households and certain non-domestic premises in England.

The separate collection duty is programmed to apply from 31 March 2025 for most businesses (31 March 2027 for micro businesses).

This legislation will apply in England only.

What will change?

The Separation of Waste (England) Regulations 2024 define recyclable streams (glass, metal, plastic, paper and card, food waste and garden waste) and will require separate waste collections from the dates stated.

Relevant recyclable streams must be collected separately for households for commercial premises, industrial premises and relevant non-domestic premises from the following dates:

Collection duties will apply to businesses and public sector organisations undertaking these collections.

Operators of industrial, commercial and relevant non-domestic premises must arrange the required separate collections.

Recyclable household wastes and recyclable relevant wastes

The Separation of Waste (England) Regulations 2024 define classes of waste relevant to the separate collection duty in England.

Schedule 1 defines recyclable household waste and recyclable relevant waste within six streams, subject to conditions:

• Glass waste stream: bottles and jars used as packaging with dimensions at least 40mm by 40mm;
• Metal waste stream: steel and aluminium tins, cans, foils and jar and bottle lids, aluminium food trays and aluminium tubes, bottles and jars used as packaging;
• Plastic waste stream: polyethylene terephthalate (PET), polypropylene, high-density polyethylene and low-density polyethylene bottles, pots, tubs, strays and tubes and aseptic and refrigerated fibre-based composite cartons. From 31 March 2027, this will be expanded to also include polyolefin film packaging plastic bags;
• Paper and card waste stream: all paper and card except certain excluded items. Excluded items include fibre-based composites with a non-paper fibre content above 15% by weight, paper and card with adhered foil, padded polyethylene-lined envelopes, wallpaper and books;
• Food waste stream: all food intended for human or household pet consumption and biodegradable material from the processing or preparation of food and drink; and
• Garden waste stream (household waste only): all organic material from the garden except ash, invasive or invasive alien plants and plant matter, soil, turf cuttings and waste of animal origin.

Defined wastes must be empty (as applicable), must not be heavily contaminated with other substances and must not be classified as packaging containing or contaminated with hazardous residues (EWC 15 01 10*).

Amendments to the Waste (England and Wales) Regulations 2011

The Waste (England and Wales) Regulations 2011 will be amended to omit parts of Regulation 13 (Duties in relation to collection of waste) in England on 31 March 2025 and 31 March 2026, as these requirements will be superseded.

Types of relevant non-domestic premises

The Environmental Protection Act 1990 defines residential homes, premises forming part of a universities, school or other educational establishment and premises forming part of a hospital or nursing home as relevant non-domestic premises.

The Separation of Waste (England) Regulations 2024 expands the definition of relevant non-domestic premises to include:

• places of worship;
• penal institutions;
• charity shops selling donated goods arising from domestic premises;
• residential hostels for persons with no other permanent address or who cannot live at their permanent address; and
• premises used wholly or mainly for public meetings.

Future changes

Despite the duties above, the draft Separation of Waste (England) (No. 2) Regulations 2024 (covered below) are expected to allow comingled collections of recyclable streams.

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