What Is Duty of Care and a Waste Transfer Note?

If you run a business and produce any waste at all — and almost every business does — you have legal responsibilities for what happens to it. Those responsibilities are known as your “duty of care”, and the paperwork that proves you’re meeting them is the waste transfer note.

Neither is complicated, but both are widely misunderstood, and getting them wrong can be costly. Here’s what they actually mean.

What is waste duty of care?

Waste duty of care is a legal responsibility, set out in the Environmental Protection Act 1990, that applies to anyone who produces, holds, carries, treats or disposes of business (commercial) waste. In plain terms, it means you are responsible for your waste — not just while it’s on your premises, but all the way through the chain until it reaches its final, proper destination.

Your waste doesn’t stop being your responsibility the moment a van drives away with it. If it’s later dumped illegally, and you can’t show you took reasonable steps to hand it to an authorised operator, you can be held liable — even though someone else did the dumping.

In practice, meeting your duty of care means:

• storing waste safely and securely so it can’t escape or cause harm;
• only transferring it to an authorised person, such as a registered waste carrier;
• checking that whoever takes it is genuinely authorised to do so;
• describing the waste accurately so it can be handled correctly; and
• keeping the right documentation for each transfer.

Householders have a duty of care too — a simpler one — to make sure their household waste is only passed to an authorised person. But the formal documentation below applies to business waste.

What is a waste transfer note?

A waste transfer note (WTN) is the document that records the transfer of non-hazardous business waste from one party to another. It’s the paper trail that proves your waste changed hands legally and went to someone authorised to take it.

A valid transfer note records details such as a description of the waste and its classification code, how much there is, the details of both the party handing it over and the party receiving it, the carrier’s registration, and where and when the transfer took place. Both sides sign it, and — importantly — you must keep a waste transfer note for at least two years.

There’s one key exception: hazardous waste (such as asbestos, certain chemicals, batteries and some electricals) isn’t covered by a standard transfer note. It requires a separate consignment note, which must be kept for three years.

The big change: digital waste tracking

Paper transfer notes have been the backbone of waste compliance since the 1990s, but that’s changing.

Under the Environment Act 2021, the government is introducing a mandatory Digital Waste Tracking Service, which records every controlled waste movement electronically on a single government system and replaces paper waste transfer notes and hazardous waste consignment notes. The rollout is phased: it becomes mandatory for permitted waste receiving sites from October 2026 (with Scotland following in early 2027), and for waste carriers, brokers and dealers from October 2027.

For most businesses producing waste, the headline is this: your duty of care doesn’t change, but your documentation is going digital, and it becomes even more important to use carriers and disposal sites that are properly set up and compliant. The system is also designed to make illegal waste activity far easier to trace — which is good news for legitimate businesses and bad news for rogue operators.

Why it matters

This isn’t just box-ticking. Duty of care offences can carry substantial fines and, in serious cases, criminal prosecution. Beyond the legal risk, proper documentation protects you: if your waste is ever traced to a fly-tip, your records are the evidence that you did the right thing.

It also increasingly matters commercially. Main contractors, clients and auditors want to see that the businesses in their supply chain can demonstrate proper duty of care — so good waste records are becoming part of winning and keeping work, not just staying legal.

How Select A Skip helps

Using a properly authorised waste provider takes most of the duty-of-care burden off your plate, because the compliance is built into the service.

Select A Skip provides waste management and skip hire across the UK through licensed suppliers, with the correct documentation handled as standard. For businesses that need clear visibility of what’s happening across their sites, our Wastebox reporting platform gives you access to waste movements, breakdowns and the records that back up your duty of care — useful both for compliance and for reporting to clients or auditors.

Contact the Select A Skip team to make sure your waste is handled — and documented — the right way.

This article is general guidance only and not legal advice. For your specific obligations, refer to GOV.UK or your environmental regulator.

Frequently asked questions

Who needs a waste transfer note?

Any business transferring non-hazardous waste to another party needs a waste transfer note to record the transfer. It applies to the waste producer and the carrier. Hazardous waste requires a consignment note instead.

How long do I need to keep a waste transfer note?

You must keep waste transfer notes for at least two years. Hazardous waste consignment notes must be kept for three years. As digital waste tracking rolls out, these records will increasingly be held electronically.

What is the difference between a transfer note and a consignment note?

A waste transfer note covers non-hazardous waste and is kept for two years. A consignment note covers hazardous waste — such as asbestos, chemicals and some electricals — and is kept for three years.

Do households need a waste transfer note?

No. Householders have a simpler duty of care to ensure their waste only goes to an authorised person, but they don’t need a transfer note. The documentation requirement applies to business waste.

What happens if I don’t meet my duty of care?

Duty of care offences can result in significant fines and, in serious cases, criminal prosecution. You can also be held liable if your waste is fly-tipped and you can’t show you passed it to an authorised operator.