Under the Refuse Disposal (Amenity) Act 1978, which extends to England, Wales and Scotland, a local authority has a duty to remove a motor vehicle that appears to have been abandoned without lawful authority on land in the open air or on a road, subject to notice to the occupier and other limits.

The council’s duty to remove

Section 3 of the Refuse Disposal (Amenity) Act 1978, which the legislation marks as extending to England, Wales and Scotland, says that where it appears to a local authority that a motor vehicle in its area is abandoned without lawful authority on land in the open air or on a road, it is the authority’s duty to remove the vehicle, subject to the section’s other provisions. Guidance published by the Department for Environment, Food and Rural Affairs (Defra) for local authorities says this includes private land and private roads. The notice periods below come from that guidance, and a landowner in Wales or Scotland should confirm them with the local council.

Notice to the landowner or occupier

Where the land is occupied, the Act says the authority must give the occupier notice that it proposes to remove the vehicle and cannot remove it if the occupier objects within the prescribed period. That does not apply to a vehicle abandoned on a road. Defra’s guidance gives the notice as 15 days, states that the authority cannot charge the landowner or occupier for removal from land in the open air, and says the authority cannot remove the vehicle if the occupier objects during the notice period. The guidance and the Act also allow an authority not to remove a vehicle from land away from the highway if the cost of moving it to the nearest carriageway would be unreasonably high, for example where special machinery is needed. The guidance states that authorities cannot be held liable for damage resulting from abandoned vehicles.

How abandonment is judged

Defra’s guidance says the authority must decide whether a vehicle is abandoned, and that this is likely if at least one of several signs applies: the vehicle has no keeper on the DVLA database and is untaxed, it has been stationary for a significant time, it is significantly damaged, run down or unroadworthy (for example with flat tyres, missing wheels or broken windows), it is burned out, or a number plate is missing. Authorities can obtain registered keeper information from the DVLA and can legally enter land at a reasonable time to investigate and remove abandoned vehicles.

Penalties for abandoning a vehicle

Section 2 of the 1978 Act makes it an offence to abandon a motor vehicle, or parts removed from one during dismantling, on land in the open air or on a road without lawful authority, punishable on summary conviction by a fine at level 4 on the standard scale, with the possibility of imprisonment for up to three months for a second or subsequent conviction. A person who leaves something in such circumstances or for such a period that it may reasonably be assumed to have been abandoned is treated as having abandoned it unless the contrary is shown. Defra’s guidance says authorities can issue a fixed penalty notice for relatively minor offences or prosecute.

Disposal and what happens to sale proceeds

Section 4 lets an authority dispose of a removed vehicle as it thinks fit. Defra’s guidance says an authority can dispose of a vehicle immediately if it is only fit to be destroyed or has no number plates; otherwise it must try to find the owner and give seven days’ written notice to collect it before disposal. The owner can reclaim a vehicle by paying the authority’s removal and storage costs. The guidance adds that authorities can sell a vehicle at auction or have it destroyed at an authorised treatment facility, and that if it is sold, the owner can claim the money raised, less removal, storage and disposal costs, for up to a year afterwards.

Who pays the costs

Section 5 lets the authority recover its removal, storage and disposal charges from the “person responsible”, defined as the owner at the time the vehicle was put in the place unless the owner shows that they were not concerned in it and did not know of it, anyone who put it there, or anyone convicted under section 2 as a result. The court can order a convicted person to pay. Defra’s guidance notes that an individual who finds an abandoned vehicle can report it to their local council.

FAQs

Will the council charge me for removing a vehicle dumped on my land?

No, according to Defra’s guidance the authority cannot charge the landowner or occupier when it removes a vehicle from land in the open air.

Can I stop the council removing the vehicle?

Under section 3, an occupier who objects within the notice period can prevent removal from their land, which the guidance sets at 15 days.

What if the vehicle is on a road?

The notice requirement does not apply to a vehicle abandoned on a road or highway.

Bottom line

Councils have a statutory duty to remove abandoned vehicles from open land and roads, must give landowners notice and cannot charge them, and can dispose of vehicles after tracing the owner or, in some cases, immediately. Report a dumped vehicle to the local council. This is general information about the 1978 Act and Defra guidance, not legal advice.

Sources

This guide draws on the following primary sources, current as of 20 September 2026:

• legislation.gov.uk, “Refuse Disposal (Amenity) Act 1978, section 3: Removal of abandoned vehicles”
• legislation.gov.uk, “Refuse Disposal (Amenity) Act 1978, section 2: Penalty for unauthorised dumping”
• legislation.gov.uk, “Refuse Disposal (Amenity) Act 1978, section 5: Recovery of expenses connected with removed vehicles”
• Department for Environment, Food & Rural Affairs via GOV.UK, “Abandoned vehicles: local authority responsibilities”

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