Section 46 Requirements for Landlords and Managing Agents of Communal Properties
This guidance explains your responsibilities under Section 46 of the Environmental Protection Act 1990, which allows councils to set requirements for how household waste must be stored and presented for collection. These requirements apply to communal properties, including blocks of flats, HMOs, and managed residential developments.
Our aim is to support you in ensuring waste is managed safely, hygienically, and in a way that protects both residents and the wider local environment.
Waste and Recycling Service for Communal Properties (Flats and Managed Developments)
Braintree District Council provides a structured waste and recycling service for residents living in purpose‑built flats, Houses in Multiple Occupation (HMOs), and other communal residential developments. This webpage explains the service and outlines the responsibilities of landlords, managing agents, and housing associations to help ensure waste is stored and presented safely, hygienically, and in line with legal requirements.
Collection Frequencies
All existing, new, and newly converted communal properties follow the district wide communal collection model as standard:
- General waste: fortnightly
- Dry recycling: alternate fortnightly
- Mixed recycling: alternate fortnightly
- Food recycling: weekly
There may be exceptions to this which must be discussed with Braintree District Council. Please contact us at wastereview@braintree.gov.uk to discuss any exceptions.
Food waste may be collected in either 23‑litre food bins or larger communal food waste bins, depending on what is appropriate at the property. The Council will only be supplying food recycling bins as part of the 1 June 2026 roll out. Landlords or managing agents will be responsible for providing all additional required bin types and any food waste requirements after June 2026.
Absorbent Hygiene Product (AHP) Waste
The AHP collection service is not available to residents in communal properties. This is because communal general waste collections remain fortnightly, or weekly where an alternative arrangement has been formally approved.
Residents who need to dispose of absorbent hygiene items (e.g., nappies, incontinence products) should place them in the general waste communal bin.
Responsibilities of Landlords, Managing Agents and Housing Associations
Bin Provision and Storage
You must ensure that the correct number and size of bins are provided for refuse and recycling, including food recycling after June 2026. The council will work with you to assess the appropriate level of capacity based on the number of households. Sufficient and accessible on‑site storage space must be available for all required bins.
Access and Presentation of Bin Stores
Where vehicle or crew access to the bin store is limited, the Council may request that you present communal bins at an agreed collection point and return them to the bin store once emptied.
Condition and Safety of Bin Stores
You are responsible for ensuring that bin stores are secure, safe and adequately lit.
Locks and Access Control
If locks are installed on bin store doors or gates, they must be combination or keypad locks only. Physical keys, fobs or individual pattern locks are not permitted. The access code will be securely recorded by the Council for operational use. All lock installations must be approved by Braintree District Council before installation.
Using Communal Bins Correctly
Large or Hazardous Items
These must not be placed inside or next to communal bins. Examples include furniture, electrical items, vehicle parts, hazardous substances, builder’s rubble or DIY waste. Residents or landlords should dispose of these through appropriate services, including the Council’s chargeable bulky waste collection service via Customer Services 01376 552525. An online booking system will be available from April 2026.
Bin Lids and Side Waste
Bins must be presented with bin lids fully closed. Side waste or overflowing waste is not permitted. If excess waste prevents safe emptying, the bin will not be emptied. It is the responsibility of the landlord or managing agent to clear the area before the next scheduled collection.
Oversized or bulky items will not be collected without a paid for bulky waste collection. It is the responsibility of the landlord or managing agent to clear any bulky items that have been left. (See Large or Hazardous Items)
Contamination
Bins will not be emptied if contaminated:
- Recycling bins containing non‑recyclable items
- Food recycling bins containing non‑food material
- General waste bins containing hazardous items or waste that cannot be accepted in the refuse stream (e.g. hazardous, DIY, bulky waste, electrical items)
Once contamination has been removed, the bin will be emptied on the next scheduled collection day.
Mixed Domestic and Commercial Properties
Properties that combine commercial units and residential accommodation (e.g. flats above shops, mixed‑use buildings) must have completely separate waste storage areas for domestic and commercial waste, adequate space on site for all required waste streams. Domestic waste bins must never be used for commercial waste.
Flats above Shops without Communal Bins
Where no communal bins are available, residents must present their waste in sacks, boxes, or bins at the designated collection point specified by the Council.
