What is the duty of care?

Residents should be aware that under legislation that came into force in late 2005, they have a Duty of Care to ensure that any rubbish not collected from them as part of a council service, must be collected by a business licensed to carry waste. Anyone who takes waste away from your home (or business) has to be a registered waste carrier and should be able to prove this.

If you are employing a tradesman to work on your home, it is your responsibility to make sure that they (or the skip company) are Registered Waste Carriers. You should ask to see their Environment Agency licence.

Those trades and services that may need to be registered as waste carriers include builders, carpet fitters, kitchen fitters, gardeners, electricians, plumbers and tree surgeons. Be particularly vigilant of people arriving uninvited to collect and remove your rubbish for cash. Their prices are often low because they do not factor in the necessary waste disposal tipping fee and instead may fly tip your waste elsewhere.

If you have any doubt, call the Environment Agency on 08708 506 506 for an instant Waste Carrier Check. Or check for registered carriers in your area on the Environment Agency website.

If your rubbish is found fly-tipped and traced back to you, you will be held responsible. You could face a fine of up to £5,000.