If you restrict access or cause an obstruction, you could be issued with a fine
Brits are reminded that putting their bins out could land them a costly fine if not done correctly. Failing to follow certain rules when putting a bin on a pavement could result in a penalty of up to £80.
Many people are aware of their local bin schedules. Knowing what day to put your rubbish out as well as which bin or bag to use is key to ensuring that it gets taken away.
However, you may not realise that there are a set of other rules in place to prevent “genuine harm” to your area. On the Government website, it sets out a number of regulations that council should apply to residents.
Overall, GOV.UK explains that local authorities should take a “measured and balanced approach”, where householders are “not penalised for minor breaches” of waste bin rules. It says: “The use of these penalties should focus on those who cause genuine harm to the local environment.
“It is good practice to try and inform the household about any issues on the presentation of their waste bins. For example, you could use a letter or information notice.
“You should do this before moving to the process of issuing penalty notices outlined here.” But it does stipulate that under section 46A of the Environmental Protection Act 1990, councils are able to issue fixed penaly notices.
These can go up to £80 a time. According to GOV.UK , councils may issue these when householders do not follow your waste collection rules, and their failure to comply does one of the following:
- Causes or is likely to cause a nuisance
- Has a negative effect or is likely to have a detrimental effect on local amenities
What should you avoid
Residents should therefore avoid making the following mistakes. Councils can issue fixed penalties if householders put waste out so it:
- Causes an obstruction to neighbours, such as forcing people using wheelchairs or buggies to walk on the road
- Restricts access to the pavement or street, for example leaving waste receptacles (bins or bags) out for several days
- Is likely to attract vermin like foxes and rats, such as leaving bags or open receptacles out days before a waste collection
- Is unsightly (torn bags or overturned receptacles are left out)
London councils can issue penalty charges instead of fixed penalties – but the same rules apply. GOV.UK clarifies that councils cannot issue fines for minor problems, such as when householders:
- Put something in the wrong receptacle by mistake
- Forget to close receptacle lids
- Leave receptacles out for a few hours before a collection
If you have broken any rules, the council should follow these steps:
- You will get a written warning explaining how you broken waste collection rules
- You can then be issued a notice of intent which explains you may get a fixed penalty and why, and how much they’ll have to pay – you have the right to explain why you shouldn’t have to pay the penalty within 28 days of the date on the notice
- A final notice can be issued 28 days after the notice of intent
The full penalty within this final notice is £80. Residents can choose to appeal this. For more information, visit the Government website here.
