Sections 46 and 47 of the Environmental Protection Act 1990 let a waste collection authority serve a notice specifying the receptacles a household or business must use, and both provisions give the recipient 21 days to appeal on grounds including unreasonableness.

Household bins: what a notice can require

Under section 46, where a waste collection authority must arrange collection of household waste from a property, it may serve a notice on the occupier requiring the waste to be placed in receptacles of a kind and number specified. The requirements must be reasonable. In Wales an authority may require separate receptacles or compartments for recycling and non-recycling waste, and an English authority may require separate receptacles or compartments to comply with its duties under sections 45A and 45AZA. Where a waste reduction scheme under Schedule 2AA to the Act is operating in England or Wales, the authority may also require receptacles identified by specified means.

The notice may deal with the size, construction and maintenance of receptacles, where they are placed to allow emptying and access, the substances that may or may not go in, the steps occupiers must take to help collection, and when receptacles must be put out and removed. Placing receptacles on a highway needs highway authority consent and arrangements about liability for damage.

Who provides the bins

Section 46(3) gives the authority four options: provide receptacles free of charge; propose to provide them for a payment agreed with the occupier; require the occupier to provide them if no agreement is reached within a specified period; or require the occupier to provide them. The Controlled Waste Regulations 2012 add that a council can charge to collect waste that a section 46 notice prevents from being placed in the receptacle.

Penalties depend on the nation

Section 46(6) makes it an offence, punishable by a fine not exceeding level 3, to fail without reasonable excuse to comply with a household requirement, but the wording applies to requirements imposed by a waste collection authority in Scotland or Wales. Under section 46(11), a waste collection authority is not obliged to collect household waste placed out in contravention of a requirement. The section is marked as applying in England, Wales and Scotland, so the practical consequence of a breach depends on the nation.

Appealing a household notice

An occupier can appeal to a magistrates’ court, or in Scotland to the sheriff, against a requirement on the grounds that it is unreasonable or that the receptacles already used for household waste are adequate. The period is 21 days from service of the notice, or from the end of any period given for the occupier to provide receptacles. While the appeal is pending the requirement has no effect, and the court can quash or modify it or dismiss the appeal.

Business bins under section 47

Section 47 covers commercial and industrial waste. An authority may, at a business’s request, supply receptacles for waste it has agreed to collect and must charge a reasonable amount unless, for commercial waste, it considers it appropriate not to charge.

Where commercial or industrial waste is likely to cause a nuisance or harm local amenities unless stored in receptacles of a particular kind, the authority may serve a notice requiring the occupier to provide receptacles of a specified kind and number, limited to what is reasonable. The notice can cover the same matters as a household notice, and an English authority may require separate receptacles or compartments to comply with section 45AZB. In Wales, a business notice does not apply so far as it duplicates or conflicts with a requirement under section 45AA(4). Non-compliance without reasonable excuse is an offence with a fine not exceeding level 3, and the occupier has 21 days to appeal on the ground that the requirement is unreasonable or that the waste is not likely to cause a nuisance or harm amenity. The requirement is suspended while the appeal is pending.

FAQs

Can a council refuse to empty a bin that breaks the notice?

Section 46(11) says a waste collection authority is not obliged to collect household waste placed out in contravention of a requirement.

Is failing to comply with a household bin notice always an offence?

Section 46(6) applies its fine to requirements imposed by authorities in Scotland or Wales, so the position in England is different.

Can bins be placed on the pavement?

Section 46(5) and section 47(5) say no requirement can be made for receptacles to be placed on a highway unless the highway authority consents and liability for damage has been arranged.

How long is there to appeal a bin notice?

Twenty-one days, as set out in section 46(8) for households and section 47(8) for businesses.

Bottom line

A bin notice must be reasonable, and the recipient can appeal within 21 days, with the notice suspended until the court decides. Households in Scotland and Wales can be fined for breaching one, whereas English councils are not obliged to collect non-compliant waste. Businesses face the same level 3 fine under section 47. This is general information, not legal advice; the council can explain the notice it has served.

Sources

This guide draws on the following primary sources, current as of 21 September 2026:

• legislation.gov.uk, “Environmental Protection Act 1990, section 46: Receptacles for household waste”
• legislation.gov.uk, “Environmental Protection Act 1990, section 47: Receptacles for commercial or industrial waste”
• legislation.gov.uk, “The Controlled Waste (England and Wales) Regulations 2012, Schedule 1”

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