Environmental Permits for Construction: When You Need One

‍‌‌‌‌‌​​​‌‌​‌​​​‌‌‌​​‌‌‌​​​​‌​​‌‌‍SiteKiln gives you plain-English information, not legal advice. If you need advice specific to your situation, talk to the Environment Agency or a qualified environmental adviser.

For most small builders, permits only crop up when you start treating waste (crushing, screening, re-using) or discharging water (dewatering, concrete wash-out), not just filling skips.

1. The basic idea

The Environmental Permitting (England and Wales) Regulations 2016 bundle a lot of pollution controls into one system.

On construction sites, you bump into them mainly when you:

• Treat or reuse waste on site (crushing, screening, using waste as fill).
• Discharge water from the site to ground, sewers or surface water (dewatering, concrete wash-water, run-off).

If what you're doing is bigger or dirtier than the EA's "exemption" thresholds, you may need a permit (or your specialist subcontractor needs one).

2. Crushing, screening and using waste on site

If you just produce waste and send it off-site in skips to a licensed facility, you're under normal duty-of-care rules. No permit needed on your side.

You start getting into permitting when you treat waste on site or reuse it in bulk.

Key points

• The regs list activities like crushing or size reduction of bricks, tiles or concrete and screening the product as regulated activities -- often "Part B" processes that need a local authority permit if done at scale or as mobile plant.
• Mobile crushing/screening of bricks, tiles and concrete is typically operated under a Part B permit issued by the local council, with conditions for dust control, no asbestos, notifications etc.

Waste exemptions

EA "U1, U8, T5" style exemptions let you do limited re-use and low-risk treatment without a full permit -- for example:

• U1 -- use certain wastes in construction (e.g. crushed concrete as aggregate) up to set tonnage limits.
• T5 -- screening and blending some wastes within volume limits.

If you exceed the limits, or import waste from elsewhere just to treat/export it, you move into permit territory.

So for you

• Small re-use of hardcore with an exemption = usually fine.
• Running regular crushing/screening as part of your operation = likely needs a permit (or you use a subcontractor who already holds one).

3. Discharging water from site (including concrete wash-water)

The regs also make it an offence to cause or knowingly permit a water discharge or groundwater activity without the right permission.

Typical construction examples

• Dewatering excavations and pumping water to a ditch or watercourse.
• Letting site run-off (with silt, cement, oils) go into drains or streams.
• Concrete wash-water from washing chutes, drums, pumps.

Regulators' position

• The EA has Regulatory Position Statements (RPS) for limited, low-risk activities -- e.g. temporary discharges of clean water only from dewatering for up to around 3 months, or treating/using water containing concrete on site under strict conditions -- where they won't require a permit if you follow the rules.
• Once you go beyond those (longer periods, contaminated water, high volumes, or discharging to sensitive locations), you generally need an environmental permit or specific consent.

The practical rule: dirty water is never "just water" -- don't pipe concrete wash-out or silty water to drains or streams without checking the EA guidance and, where required, getting a permit or using tanks/treatment.

4. When to assume you don't need a permit (and when to pause)

You're usually outside permitting if

• You just generate waste and send it off-site via a licensed carrier, without treating it on site.
• You reuse very small amounts of rubble/soil on site and stay clearly within an EA exemption like U1/T5 (and register that exemption if required).
• Any occasional water you discharge is clean rainwater or groundwater only, in line with the EA's temporary dewatering RPS conditions.

You should stop and ask for specialist/environmental advice if

• You want to crush or screen bricks, tiles or concrete regularly with machinery.
• You are reusing large volumes of waste materials on site or importing waste from elsewhere to use as fill.
• You need to discharge water that is anything other than clean (silty, oily, concrete-contaminated) to ground, sewer or surface water.

In those cases, either:

• Bring in a specialist contractor who holds the right permit/exemptions; or
• Talk to the EA/local authority about whether you need to apply for a permit or register an exemption.

5. Common mistakes

• Assuming crushing rubble on site is always fine -- it's a regulated activity at any real scale; you need either an exemption or a permit.
• Pumping silty or concrete-contaminated water to a drain -- this is a pollution offence, not just "draining the hole".
• Not registering waste exemptions -- even low-risk reuse of waste (U1, T5) often needs to be registered with the EA. It's free or cheap, but you need to do it.
• Thinking "it's only a small site" -- the rules apply by what you're doing, not how big the job is.
• Ignoring concrete wash-water -- one of the most common pollution incidents on construction sites. Use settlement tanks or contained wash-out areas, not the nearest drain.

6. Who to contact

• Environment Agency -- environmental permits -- guidance on when you need a permit: gov.uk/guidance/check-if-you-need-an-environmental-permit (free)
• Environment Agency -- waste exemptions -- register an exemption: gov.uk/guidance/register-your-waste-exemptions-environmental-permits (free to register most exemptions)
• Environment Agency general enquiries -- 03708 506 506 (free from landlines)
• Your local council -- for Part B permits (mobile crushing/screening etc.)
• NetRegs -- environmental guidance for small businesses: netregs.org.uk (free)
• CIRIA -- construction industry guidance on pollution prevention: ciria.org

7. Sources and legislation

• Environmental Permitting (England and Wales) Regulations 2016 -- the main permitting framework. legislation.gov.uk/uksi/2016/1154
• Environmental Protection Act 1990 -- waste offences and duty of care. legislation.gov.uk/ukpga/1990/43
• Water Resources Act 1991 -- offences relating to water pollution. legislation.gov.uk/ukpga/1991/57
• EA Regulatory Position Statements -- temporary low-risk activities where a permit is not required if conditions are met: gov.uk/government/collections/environmental-permits-for-waste-operations
• EA waste exemptions guidance -- U1, T5 and other exemptions for construction waste reuse: gov.uk/guidance/waste-exemptions-using-waste

8. Related guides on this site

• 11.1 Waste carrier licence -- the basics
• 11.2 Duty of care for construction waste
• 11.4 Hazardous waste regulations -- what counts and how to dispose of it
• 11.5 Site waste management plans -- best practice
• 11.7 Protected species on site -- bats, newts, nesting birds
• Building Regulations: SuDS & Surface Water

How this site is funded →

Spotted something wrong or out of date? Email us at hello@kilnguides.co.uk.

In crisis? Samaritans 116 123 · Mental health support

How this site is funded →