In England a material is legally waste if the holder has discarded it, according to the Environment Agency’s guidance, and whether that has happened is judged from the holder’s actions and all of eleven factors together, never from one factor alone. A residue can escape waste controls by qualifying as a by-product or reuse, and a recovered material stops being waste only when it meets the four-part end of waste test.

Waste means discarded

The Environment Agency’s guidance, which applies to England, says a material is waste if the holder has discarded it. The holder is the person or legal entity who has the material when it is discarded, and that may not be the owner. A person who has leased a material, for example, becomes the holder. Discarding is assessed from the holder’s actions, and it can be unintentional, involuntary or accidental, or required. The label matters because waste is regulated, as described in the guide to the waste duty of care.

The factors the Environment Agency weighs

The Agency considers all of the following: burden, certainty of use, fit for purpose, a specific purpose, management, environmental harm, common classification as waste, disposal or recovery, fuel or waste, an item returned for a refund, and reuse. The guidance says all the factors must be considered and that it is not possible to decide from a single one, unless the law specifically says the material must be disposed of. A material is generally treated as discarded if it is unsuitable, unwanted or surplus to requirements, making it a burden. The Agency must take a precautionary approach so that the aims of the Waste Framework Directive are not undermined.

Value, labels and returns

Several points in the guidance correct common assumptions. A material with low, no or negative economic value is likely to be discarded, but one with high economic value can still be waste, and scrap metal is the example given. A material commonly regarded as waste is likely, but not certain, to be waste, and appearing in the List of Waste code does not automatically make something waste. Where a material is returned for a refund, it has not been discarded by the holder returning it, although the recipient’s position depends on the same factors.

Reuse: when an item never becomes waste

A material is not waste if all the reuse conditions apply. It must be used for the same purpose for which it was designed, the previous holder must have intended it to be reused, no repair or no more than minor repair must be needed when it is transferred and the previous holder must know that, any necessary repair must be going to be done, the use must be lawful, and it must not be managed in a way that indicates it is waste, such as being stored so it can be damaged. If a material becomes waste before it is reused, the end of waste test then applies. The reuse position for household items is discussed in the guide to what can be sold, donated or reused.

The four by-product conditions

A production process aimed at making intended new products from non-waste materials may produce unavoidable residues, and these have by-product status if they meet four conditions. Further use must be certain, which the Agency assesses by asking whether there is a market or demand for all of the material. The material must be usable directly with no further processing other than normal industrial practice, such as filtering, washing, drying or mechanical size reduction. It must be produced as an integral part of the production process and not be avoidable. Its further use must be lawful, meeting relevant product, environmental and health requirements without overall adverse impacts. The guidance gives wood shavings from furniture production used as animal bedding as a potential example.

The end of waste test

Waste stops being waste only if it has been through a recycling or other recovery operation and meets all four conditions of the end of waste test. The material must be used for specific purposes, a market or demand must exist for it, it must meet the technical requirements and existing legislation and standards applicable to products, and its use must not lead to overall adverse environmental or human health impacts. Once a material is classed as non-waste, waste controls do not apply to it. The guidance says that where it is not clear whether any condition has been met, a precautionary approach should be taken and the condition treated as not met.

Getting the Agency’s view

A producer or holder can self-assess using the guidance, or can ask for the Environment Agency’s opinion on whether a material is a by-product or meets end of waste status through its definition of waste service. That service requires an end of waste request form and acceptance of its terms. Checking where a load ends up is covered in the guide to the public register of permitted sites.

FAQs

Is something waste if it still has value?

Not automatically. The Environment Agency says low or negative value suggests a burden, but a high-value material such as scrap metal can still be discarded and be waste.

Does the guidance apply in Scotland, Wales and Northern Ireland?

The page states that it applies to England, and the related publication page lists separate publications for Northern Ireland, Scotland and Wales.

Can a material stop being waste?

Yes, if it has been through a recycling or other recovery operation and meets all four end of waste conditions.

The bottom line

In England, a material is waste if its holder has discarded it, judged by weighing eleven factors together. Reuse, by-product status and end of waste status are the routes by which materials fall outside waste controls, and each has strict conditions that are treated precautionarily when unclear. Anyone who is unsure can use the Environment Agency’s guidance or its opinion service. This is general information, not legal advice.

Sources

This guide draws on the following primary sources, current as of 24 September 2026:

• Environment Agency, “Check if your material is waste”, GOV.UK
• Environment Agency, “Get an opinion from the definition of waste service”, GOV.UK

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