Changes to Scottish construction waste regulation – what you need to know

On 1st November 2025, the Scottish Environment Protection Agency (SEPA) introduced a new regulatory framework that changes how waste activities in Scotland are authorised and monitored.

If you currently operate under Paragraph 9, Paragraph 19, or other waste exemptions, your operations will now be regulated under the Environmental Authorisations (Scotland) Regulations (EASR).

This new system replaces the Waste Management Licensing (Scotland) Regulations 2011, consolidating exemptions into a single, modern framework aimed at strengthening environmental oversight and improving operator accountability.

What is a complex waste exemption? 

Under previous waste management regulations, if you manage waste, you would normally need to have a waste management licence. Some activities, including the management of construction waste were exempt from this, and operators could apply to SEPA for a waste exemption.

What’s changing?

Under EASR, you will no longer be able to apply for a waste exemption. New types of authorisation have been brought in, which better reflect the risk of harm an activity poses to the environment and human health.

Activities previously covered by Paragraphs 9 and 19 waste exemptions will now be authorised by registrations or permits. The type of authorisation you need will depend on the nature and scale of your operations, and if you can meet new standard conditions.

What does this mean for you?

Existing waste exemptions for construction related activities

Previously you would have been able to renew your waste exemption before it expired. You will no longer be able to do this. If you want to continue your activity, you must apply for a new EASR authorisation before your current exemption expires.

New activities

If you want to carry out a new activity that is not currently covered by an existing waste exemption, you will need to apply for an EASR authorisation.

What should you do now?

    • Check the expiry date for any current waste exemptions you have. 
    • Visit the SEPA website to find out more about the new EASR authorisation.
    • Review the standard conditions for your activity to check what you need to do to comply. 
    • Apply for your new EASR authorisation in plenty time to avoid disruption to your operations. 

If you need help navigating the changes, get in touch with SEPA for guidance and support and to talk through your options.