Prevent soil damage during construction projects

Uncontaminated topsoil is in short supply in many places - particularly urban areas. So it's important that this vital and valuable resource isn't wasted.

Your soil resources survey and subsequent soil management plan may identify a surplus of topsoil - once the required quantity has been set aside for on-site landscaping. If this is the case, you should contact your local authority to try to identify nearby land reclamation or brownfield development sites lacking soil resources.

Waste permitting and exemptions for soil

Soil discarded from a site - rather than being moved off it temporarily - is normally classed as waste. It only ceases being waste once it has been fully recovered - for example spread back onto land as soil.

Such soil waste is subject to landfill tax - unless it's recycled or recovered under relevant waste exemptions. The main exemptions relevant to soil reuse concern the treatment of agricultural land and the reclamation or improvement of non-agricultural land.

Alternatively, the soil should be taken to an appropriately permitted treatment facility for recovery or, as a last resort, be disposed of at landfill. If the surplus soil is sent to landfill it will be subject to landfill tax.

You should contact the Department for Agriculture, Environment and Rural Affairs (DAERA) to check if your soil will be classed as waste.

You can download guidance on the regulation of greenfield excavated materials in construction and development (PDF, 625K).

You can also download a code of practice for soil use on construction sites (PDF, 737K).