GOV.UK guidance says district councils and other litter authorities in England must keep land in their area clear of litter and refuse, including dog mess, as far as is practicable, and that dropping litter on publicly accessible land or into water is an offence.

Who must keep land clear

GOV.UK guidance on litter and refuse, written for authorities in England, says the councils that are litter authorities are county councils, district councils, single-tier councils, London borough councils, the Common Council of the City of London and the Council of the Isles of Scilly. Other bodies are responsible for litter on all or part of their own land, including Crown authorities, educational institutions, Network Rail and rail and tram operators, and water companies. Scotland, Wales and Northern Ireland have their own arrangements, which are not covered here.

What land is covered

Council litter authorities are responsible for “relevant land”: land that is open to the air on at least one side, under their direct control and publicly accessible with or without payment. That includes beaches above the average high water mark. Councils must also keep highways they are responsible for clean and clear as far as practicable. Litter authorities must have regard to the Code of Practice on Litter and Refuse, which the guidance says means considering it and following it unless there are clear, justifiable reasons not to.

Litter offences and penalties

The guidance says it is an offence to drop litter on land or into water accessible to the public, even where the land is private, for example a right of way. According to the guidance, as updated in July 2018, offenders can be prosecuted in a magistrates’ court and fined up to £2,500, and can also be given fixed penalty notices, which lead to prosecution if not paid. The guidance lists cases where a fixed penalty notice is not appropriate: people who put rubbish out for collection at the wrong time, accidental litter dropping, cases not in the public interest and repeat offenders, who should be prosecuted.

Public space protection orders and community protection notices

Councils can make public space protection orders for problems in public spaces, including the control of dogs; they can make it an offence for owners not to clean up after dogs or to allow dogs into particular places such as playgrounds. For litter from businesses, councils can issue community protection notices requiring businesses or individuals to clear litter from around their premises and to prevent future littering, and failure to comply is an offence. The guidance says these notices have replaced street litter control notices, that councils can no longer issue the older notices, but that they must keep a public register of those still in force, which the public can inspect free of charge and copy for a reasonable charge.

When a council fails: litter abatement orders

The guidance says a litter authority can be taken to court if it does not keep publicly accessible land it is responsible for clear of litter and refuse. It can be ordered to pay the complainant’s costs, but it can avoid court action by clearing the land within five days of being notified. A court can make a litter abatement order requiring the authority to clear the land within a set time. Breaching an order is an offence punishable by a fine of up to £2,500 and further fines of up to £125 for each day the offence continues after conviction, according to the guidance.

Roads and refuse that blocks them

When cleaning or clearing roads, councils must warn approaching traffic with signs and barriers, follow the highway authority’s instructions on timing and apply for a traffic regulation order if they need to restrict traffic. If an object is on a road, the council, or the Highways Agency on a trunk road, should remove it immediately if it is dangerous or issue the owner a notice to remove it within a set time. The guidance says leaving anything on a road that could interrupt its use is an offence, punishable on conviction by a fine of up to £1,000. Councils have further powers to remove abandoned vehicles and abandoned shopping trolleys and to control leafleting.

FAQs

Does litter law apply on private land?

GOV.UK says it is an offence to drop litter on land or into water that is accessible to the public, even if the land is private.

Can a business be made to clear litter around its premises?

Yes. Councils can issue community protection notices, and failure to comply is an offence, according to the guidance.

What can I do if the council leaves public land littered?

The guidance says a litter authority can be taken to court and can avoid action by clearing the land within five days of notification; a court can make a litter abatement order.

Bottom line

In England, litter authorities must keep relevant land clear as far as practicable, and dropping litter on publicly accessible land is an offence with fixed penalty notices and fines. Businesses can be made to clear litter, and courts can force a litter authority to act. The amounts above are those stated in GOV.UK guidance updated in July 2018; this is general information, not legal advice.

Sources

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

• Department for Environment, Food & Rural Affairs via GOV.UK, “Litter and refuse: council responsibilities to keep land clear”

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