The Environment Agency updated this guidance on 12 October 2026. What changed, in its own words:
The guidance as it stands now
This regulatory position statement (RPS) does not change your legal requirement to have an environmental permit where one is required.
However, the Environment Agency will not normally take enforcement action if you do not comply with this legal requirement if you meet the requirements in this RPS.
This regulatory position does not apply to any other legal requirements.

Added to 'Things to note' section: Where topsoil manufactured from waste materials meets BS3882:2015 it may still be considered a waste material. This RPS will next be reviewed by 1 July 2029.