Understanding your obligations when moving excavated materials between sites
The movement of excavated earth and soils between construction sites is one of the most common — and most misunderstood — activities in the UK construction and development sector. With DEFRA's Digital Waste Tracking (DWT) service becoming mandatory from October 2026, many businesses involved in earthworks, groundworks, and site development are asking: does this affect us?
The answer depends on one critical question: is the material you're moving legally classified as waste?
Under the Waste Framework Directive, excavated soil and earth becomes waste the moment it is dug up — unless specific conditions are met. This catches many people by surprise. The legal definition of waste centres on whether the holder "discards, intends to discard, or is required to discard" the material.
There are three broad scenarios that determine your regulatory obligations.
Uncontaminated soil and other naturally occurring material excavated during construction is excluded from waste regulation entirely — but only when all of these conditions are met:
This is the classic cut-and-fill scenario on a large development. If these conditions are satisfied, the material is not waste, and Digital Waste Tracking does not apply.
The CL:AIRE Definition of Waste Code of Practice (DoW CoP) provides an established framework for transferring excavated materials between sites without those materials being classified as waste. This is the primary route used in practice for moving clean earth between construction sites.
For the Code to apply, several requirements must be met:
Where CL:AIRE is properly followed, the material is legally not waste. Digital Waste Tracking obligations do not currently apply. However, the MMP process itself requires rigorous documentation of quantities, origins, destinations, and material suitability — a form of tracking in its own right.
It is worth noting that the regulatory direction of travel is towards greater scrutiny of all material movements. The current exemption regime is under review, and many in the industry expect tighter controls in the coming years.
If the excavated material does not qualify for the Waste Framework Directive exclusion or the CL:AIRE Code of Practice, it is waste from the moment of excavation. This typically applies when:
In these cases, Digital Waste Tracking will apply directly.
DEFRA's DWT rollout is phased, and each phase brings different obligations:
All permitted and licensed waste receiving sites must record waste movements digitally. If your excavated earth is going to a permitted tip, transfer station, landfill, or treatment facility, the receiving site must log the movement through the DWT service. This includes waste classification codes (EWC), quantities, origin, and treatment outcomes.
The scope expands to include waste carriers, brokers, dealers, and waste exporters. The haulage company transporting the material, any broker arranging the movement, and the waste producer will all need to record their part of the transaction digitally.
Data can be submitted via API integration, CSV upload, or through DEFRA's online portal.
Note: Sites operating under waste exemptions are not currently included in Phase 1. DEFRA has indicated that the timing for bringing exempt sites into scope will be confirmed separately, but this is expected to follow in due course.
The boundary between waste and non-waste is not always clear-cut, and enforcement is tightening. Recent audits by the Environment Agency found that approximately 30% of sites operating under waste exemptions were not complying with their conditions. Businesses should also expect stricter controls on waste classification for soils and construction materials, with increased inspections and enforcement activity.
One of the stated aims of Digital Waste Tracking is to make waste crime harder to conceal. The construction sector — as one of the largest generators of waste in the UK, with soil forming the dominant component — is firmly in the regulatory spotlight.
Whether your excavated material is legally waste or not, the direction of travel is clear: greater transparency, better documentation, and digital tracking of material movements.
Review your current practices. Understand whether the earth and soil you move is classified as waste or not. If you are relying on the CL:AIRE Code of Practice, ensure your Materials Management Plans are robust and properly signed off. If you are using waste exemptions, check that you are genuinely compliant with the conditions.
Assess your supply chain. If you send material to permitted waste sites, those sites will be required to record movements digitally from October 2026. Ensure your waste descriptions, classifications, and documentation are accurate — DEFRA's system will make discrepancies far more visible.
Prepare for Phase 2. If you are a waste carrier, broker, or producer, you will need to record digitally from October 2027. Start evaluating your systems and processes now, whether that means API integration with your existing software, CSV-based reporting, or use of the DEFRA portal.
Consider the wider opportunity. Digital tracking of material movements — whether waste or non-waste — supports better project management, more accurate carbon reporting, and stronger compliance evidence. Organisations that get ahead of this will have a competitive advantage.
We are currently developing a platform for tracking waste movements at operational level — designed for use both in the office and out in the field. The system captures movement data at point of collection, provides dashboard reporting for operational oversight and compliance insights, and is being built with integration to the DEFRA Digital Waste Tracking portal in mind.
Our focus is on delivering complete audit trails and verifiable proof of compliance — giving operators confidence that every movement is documented, every record is defensible, and every regulatory requirement is met.
This article exists because we are actively working in this space. If you are a waste carrier, site operator, broker, or contractor looking for a practical digital solution that works on the ground as well as on screen, we would welcome the conversation.
This article is provided for general guidance and does not constitute legal advice. Waste classification is a complex area and professional advice should be sought for site-specific decisions. Information is current as of February 2026.