From 1 October 2025, the Street Works UK (SWUK) Material Classification Protocol replaces the Regulatory Position Statements (RPS) 298 and 299, marking a significant shift in how excavation waste from street and utility works is classified and managed.
The move introduces stricter obligations for risk assessment, segregation, and validation, ending the flexibility previously allowed for emergency works under the RPS regime.
Why the change?
RPS 298 and 299 allowed operators to manage waste without full pre-sampling, recognising that unplanned works often made this impossible. While helpful operationally, the system was inconsistent and difficult to regulate.
The new SWUK Protocol, developed with the Environment Agency, sets out a risk-based, standardised approach designed to improve accuracy and oversight.
Key requirements
The protocol requires:
- Risk assessments before excavation, considering land-use history, geology, and contamination risks.
- Segregation of waste streams, preventing mixing of soils, asphalt, and sub-base.
- Laboratory validation, with at least 1% of excavations tested annually. Poor correlation with field assessments could raise this to 3%.
- Quarterly reporting to Street Works UK and data entry into Street Manager. Persistent failures may lead to removal from the scheme.
- Environment Agency oversight of classification accuracy.
It applies to immediate, minor, standard and some major permits under the New Roads and Street Works Act (NRSWA).
Implications
The changes bring challenges: higher costs from testing and reporting, risks of project delays if classifications fail, and new training requirements. Smaller contractors may be particularly affected.
However, the protocol also creates opportunities: better training, partnerships with accredited labs, reuse of excavated material, and stronger compliance records that may aid procurement.
While the SWUK Protocol itself is an industry standard, compliance with it (or an equivalent method) is effectively required to meet legal duties under UK waste law. Failure to classify, store, or dispose of waste correctly can result in enforcement by the Environment Agency, with penalties ranging from fixed fines to unlimited criminal fines and, in serious cases, imprisonment.
Operators are urged to update procedures, training staff, and engaging laboratories.