Councils charging for DIY waste.Is it Legal?

Councils have tried to claim they are exempt from allowing DIY waste on their
sites without charging so the government has come to a compromise.

“Prohibition of Local Authorities using the general power of competence to charge residents at places where they may deposit household waste 3.—(1) A local authority may not, in exercise of the general power, charge persons resident in its area to— (a) deposit household waste at a household waste recycling centre; or (b) enter into or exit from a household waste recycling centre. Transitional provision 4.Where on 31st March 2015 a local authority is, in exercise of the general power, charging persons resident in its area to— (a) deposit household waste at a household waste recycling centre; or (b) enter into or exit from a household waste recycling centre the local authority can continue to do so at that household waste recycling centre until 31st March 2020.”

Councils have claimed DIY waste is not household waste but the Department for Communities and Local Government has disputed this and given until 31st March 2020 to start accepting for free.

Government legislation says

“(5)Subject to subsection (8) below, “household waste” means waste from—

(a)domestic property, that is to say, a building or self-contained part of a building which is used wholly for the purposes of living accommodation;

(b)a caravan (as defined in section 29(1) of the M1Caravan Sites and Control of Development Act 1960) which usually and for the time being is situated on a caravan site (within the meaning of that Act);

(c)a residential home;

(d)premises forming part of a university or school or other educational establishment;

(e)premises forming part of a hospital or nursing home.”

Subsection 8 covers hazardous waste.

What is my interest in all this?

Many Councils have decided that if a householder pays a man and van to help transport household waste
to a council run rubbish tip then this waste has somehow become commercial waste and chargeable.As i
see it,as long as the householder travels in the van and at all times takes responsibility for the waste then
it remains household waste.

If you have been charged then please do complain to the council involved and then the ombudsman.
As far as i am aware this is free.
 http://www.lgo.org.uk/make-a-complaint

Please do comment on your experiences.