GRM regularly advises developers, contractors, and landowners on the complex and legally constrained management of excavated materials on and between construction sites. This includes Material Management Plans, (which allow for the reuse of excavated materials without classifying them as waste), as well as advising on the application of Waste Exemptions.
Following consultation in 2018, the Environment Agency has now confirmed significant changes to waste exemption categories, some of which took effect from 1st July 2025. These include revisions to the widely used (and abused) U1 exemption ‘Using Waste in Construction’.
The key change at this time being the introduction of a fee structure for exemptions, which for U1s will include a £56 registration fee and a £420 compliance fee, both of which are now payable upfront.
The U1 exemption can still be used to support a range of construction-related activities to repair, alter, maintain or improve buildings or sites, such as:
- Create a noise bund around a new development using crushed bricks, concrete, rocks and aggregate.
- Build a track, path or bridleway using road plannings, rubble or woodchip.
- Carry out drainage works.
- Landscape a site by bringing in soil from somewhere else, if it’s part of a construction project.
To remain compliant, all waste used under the U1 exemption must:
- Match the correct waste codes and descriptions specified for the activity.
- Not exceed the amount allowed or needed for the construction activity to meet the engineering standards.
- Not be contaminated by pollutants such as plastic, asbestos fragments, and hydrocarbons such as oils and fuels.
- Be used within a three-year period from the date of exemption registration.
These reforms are intended to reduce misuse and increase traceability, but they also place more responsibility on developers to justify and plan how materials are used. Hopefully this will encourage more developers, contractors and landowners to think ahead and review material requirements at an early stage and engage with professional partners with experience and understanding of the legislation. This is one service where you can save significant cost if undertaken early enough and continued through the development lifecycle.
GRM have a proven track record of delivering significant returns on investment for clients by preparing Material Management Plans (MMPs) and signing them off through an independent Qualified Person to comply with CL:AIRE Definition of Waste – Code of Practice. By planning early, we can help smooth the process of managing soils and ensure regulatory compliance throughout the project lifecycle.
If you have any development or construction projects that involve the management and re-use of excavated materials, then please get in touch to find out how we can help save both time and costs. Please use your main point of contact at GRM or for new enquiries email richard.upton@grm-uk.com or call 01283 551249.