Fly-tipped waste checklist

Perversely, if rubbish is dumped on your property you acquire a duty to ensure that it’s properly disposed of. Our checklist will help if you find yourself in this situation.

Why use it?

Under s.33 of the Environmental Protection Act 1990 it is an offence to keep waste, with the exception of your own, on land which does not have a waste management licence. You must dispose of it legally - not bury, burn or take it away yourself. It’s not exactly fair, but your only chance of getting any redress for the cost and inconvenience is to carefully follow some procedures.

What’s covered?

The checklist covers collecting details of the fly-tippers, e.g. number plate if you see the rubbish being dumped, and information about the waste. It also advises how to make the report to the authorities, collecting additional evidence from neighbours and leaving the scene undisturbed.

To make the evidence gathering process as simple as possible, the document suggests that you use photographs. It also includes space on page two of the document for you to insert them.

The document advises on the action to take after the investigation has been completed, including the safe and legal removal of the rubbish and keeping in touch with the investigating officer. If you’re lucky and a prosecution is successful, you may be able to re-claim your clean-up costs as part of the settlement.