Who Takes Away the Old Boiler? What the Waste Duty of Care Code of Practice Says About a Tradesperson’s Waste, a Householder’s Waste and Checking a Waste Carrier (England and Wales)

The Waste duty of care: code of practice (November 2018) is government guidance on meeting the waste duty of care. This guide summarises its parts on tradespersons and on occupiers of domestic property, as published on GOV.UK and read on 1 November 2026. The Code applies in England and Wales. It does not use the word boiler, so what follows is its general wording applied to an old boiler. General information, not legal advice.

When the installer removes the old boiler

The Code says the duty of care applies to waste producers, and it lists tradespersons, giving electricians, builders, glaziers and plumbers as examples. For work in a home, it says: “If a tradesperson carries out work on your property, they are responsible for the waste they produce including its transport and disposal.” The tradesperson must comply with their own duty of care for that waste, and the Code adds that the cost of disposal should be included in what they charge for the work.

The Code also says that, because the householder is not transferring that waste to the tradesperson, the householder’s duty of care does not apply to it. The Code does not say whether an old boiler removed during a replacement counts as waste the installer produces. The guide to comparing boiler installation quotes like for like covers what to look for.

When the householder hands waste over

A householder has a separate and narrower duty. The Code describes it as taking all reasonable measures available to ensure that household waste produced on the property is transferred only to an authorised person. It describes household waste as generally any waste produced within a domestic property, giving old mattresses, furniture and household appliances as examples of material beyond the ordinary bin bag. For this duty the Code says household waste also includes construction and demolition waste.

The Code gives one example of the line between the two duties: if a householder has a tradesperson take away waste the householder produced, such as by adding it to the tradesperson’s skip, the householder’s duty of care applies to that waste.

For waste that cannot go through the normal council collection, the Code lists these options: the local authority’s household waste and recycling centre, a special collection service if the council offers one, a private business that provides a waste collection service, or a site run by a private business with the appropriate authorisations.

Checking a carrier

The Code says an authorised person includes the local authority providing the normal waste collection, someone with a valid registration as a carrier, broker or dealer of waste, or the operator of a waste site with an environmental permit or exemption. For a private business such as skip hire or house clearance, it says the householder should check that the business is an authorised carrier with an up to date and valid upper tier registration. That includes a business that approaches the householder and offers to take the waste.

• A carrier should have a registration number starting CBDU, followed by a set of numbers.
• In England the Environment Agency’s public register can be searched by registration number, business name or postcode, or by calling 03708 506 506.
• In Wales the Natural Resources Wales public register can be checked, or 0300 065 3000 called.

Keeping a record

The Code says there is no legal requirement to keep records of checks, and that a lack of records does not prove the duty was not met. It adds that if waste is later fly-tipped and investigated by the local authority, records can quickly show the duty was met. Its examples include noting the operator’s registration number, keeping a receipt that shows a registered operator’s business details, and photographing the carrier’s registration.

If the duty is not met

The Code says it is a criminal offence not to take all reasonable measures to meet the householder duty, and that the householder could face prosecution and, on conviction, a fine and a criminal record. It also says a fixed penalty notice may be given; paying one within the specified period means the householder cannot be prosecuted for the offence.

FAQs

Does the Code say anything specific about gas boilers?

No. The word boiler does not appear in it. Its section on other waste laws mentions hazardous waste, and the guide to replacing a boiler in a pre-2000 home deals with asbestos questions.

Does a householder need a waste transfer note?

The Code says the wider duty of care, including the requirement for waste transfer notes, specifically does not apply to the occupier of a domestic property dealing with household waste.

The bottom line

The Code of Practice says a tradesperson is responsible for the waste they produce, including its transport and disposal, with the cost of disposal to be included in what they charge. A householder has a narrower duty to pass household waste only to an authorised person, and the Code lists checks for private carriers and sites. The Code does not mention boilers, so who is treated as producing an old boiler as waste, and what the quote includes, are matters for the installer’s contract. General information, not personalised advice.

Sources

This guide draws on the following primary sources, read on 1 November 2026:

• Waste duty of care: code of practice, November 2018 (GOV.UK page updated 21 October 2026), sections 1, 2, 4 and 5 (gov.uk)
• Waste duty of care: code of practice, GOV.UK publication page, first published 11 March 2016 (gov.uk)

Related guides

Best Boiler Deals is an independent guide. We may earn a fee from some links; this never affects what we write. This article is general information, not regulated advice on any specific installation; always confirm the details with a Gas Safe registered engineer.