Waste Transfer Notes and your duty of care
A Waste Transfer Note is the written record that goes with waste when it passes from one person to another: it describes the waste and names who handed it over and who took it away. DrClear House Clearance issues a Waste Transfer Note on every clearance across Birmingham and the West Midlands, as an Environment Agency registered upper-tier waste carrier.
What is a Waste Transfer Note?
The note is the paper trail behind the duty of care in section 34 of the Environmental Protection Act 1990. That section requires anyone who imports, produces, carries, keeps, treats or disposes of controlled waste to take all reasonable measures to secure, on transfer, “that the transfer is only to an authorised person” and that “there is transferred such a written description of the waste as will enable other persons to avoid a contravention”. A registered waste carrier is one of the authorised persons the section lists.
In England and Wales, the content of the note is set by regulation 35 of the Waste (England and Wales) Regulations 2011. The note identifies:
- The waste: its List of Wastes code and a written description.
- Quantity and form: how much there is, and whether it is loose or in a container, with the container type.
- Time and place: when and where the transfer happened.
- Business code: the SIC code of the person handing the waste over.
- Both parties: names, addresses and signatures of the transferor and the carrier, and the capacity each is acting in, such as producer or registered carrier.
Who must keep a Waste Transfer Note, and for how long
Under regulation 35, both the person transferring the waste and the person receiving it must keep the written information, or a copy, for at least 2 years, and produce it on demand within 7 days to the regulator (the Environment Agency in England) or a waste collection authority.
Older guidance cites the Environmental Protection (Duty of Care) Regulations 1991. Those Regulations were revoked in England and Wales on 29 March 2011 by the Waste (England and Wales) Regulations 2011, so regulation 35 is the rule to follow.
The government’s waste duty of care code of practice sets a longer period for hazardous waste: consignment notes are kept for 3 years.
Businesses, landlords, executors and letting agents
A business clearing its premises falls under the main section 34(1) duty. A landlord, executor or letting agent clearing a property they do not live in should check which duty applies to them. Either way, keep the Waste Transfer Note with the business records, the tenancy file or the estate file.
Householders
The main duty in section 34(1) does not apply to an occupier of domestic property for the household waste produced there. A separate duty in section 34(2A) does: the occupier must take reasonable measures to make sure household waste is transferred “only to an authorised person”.
The government’s guidance for local authorities on household waste duty of care fixed penalty notices states that “there is no duty on an individual to keep a waste transfer note” for household waste. It accepts a record of the checks made, including the carrier’s registration number, or a receipt naming a registered operator as evidence. A DrClear Waste Transfer Note carries both.
What happens if the duty of care is breached
Breaching the section 34 duty is a criminal offence punishable by a fine. In England, a local authority can instead issue a fixed penalty notice to a householder for breaching the section 34(2A) duty. The guidance, updated 1 April 2024, sets a default penalty of £200, within a range of £150 to £600, with a minimum discounted penalty of £120 for early payment.
Legal disclaimer: this page summarises the law in England and Wales as published on legislation.gov.uk and gov.uk, checked on 23 September 2026. It is not legal advice. DrClear does not decide whether a customer has met their duty of care; for advice on your own position, seek independent advice from a qualified solicitor or environmental consultant.
How to check a waste carrier on the Environment Agency register
Check the carrier before any waste leaves the property:
- Ask for the registration number: every registered waste carrier has one, and it should appear on the quote.
- Search the public register: enter the number or business name in the Environment Agency’s Waste Carriers, Brokers and Dealers register search, or call the Environment Agency on 03708 506 506.
- Match the details: confirm the business name, the tier and the expiry date against the company you are booking.
- Keep a record: photograph the registration and keep the Waste Transfer Note.
DrClear’s upper-tier registration, CBDU549477, is valid to 28 August 2027. See all of DrClear’s registrations on our licences.
Waste Transfer Notes on DrClear clearances
DrClear issues a Waste Transfer Note on every clearance, across residential and commercial work:
- Residential: house clearance, flat clearance, probate clearance, bereavement clearance, end-of-tenancy clearance, hoarding clearance, loft clearance, garage clearance, bulky waste removal, same-day clearance, fire damage clearance, bungalow clearance, basement clearance and storage unit clearance.
- Commercial: commercial clearance, office clearance, shop clearance, warehouse clearance, factory clearance, public sector clearance and school clearance.
- Waste services: waste management, eco-friendly disposal and cannabis farm removal.
Founder Krzysztof Szczesny started DrClear in 2005, and the business has completed more than 13,000 clearances with 95% landfill diversion by volume.
5 Churchfields Rd, Wednesbury
- Booked for full clearance of a one bed flat and garden clearance (excessive weed growth). Was available very quickly after visiting to quote which helped us massively!
Clearance was done to a high standard and extremely quick! The 3 man crew were very … More polite and friendly
Would recommend to anyone needing their services
Frequently asked questions
Do I need a Waste Transfer Note for a house clearance?
A householder has no duty to keep one for household waste, according to government guidance on section 34(2A) of the Environmental Protection Act 1990. A business transferring waste has the main duty of care under section 34(1), and a landlord or executor clearing a property they do not live in should check which duty applies. The Waste Transfer Note is the record of the transfer.
What is the difference between a waste carrier licence and a Waste Transfer Note?
The waste carrier registration shows the carrier is an authorised person under section 34. The Waste Transfer Note records one specific transfer: the waste, the quantity, the date, the place and both parties. They are two different documents, and you need to see both.
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