Guidance

Reusing upholstered domestic seating containing POPs

Check if an item of upholstered domestic seating is a waste or non-waste item and, if it is waste, identify if it contains persistent organic pollutants (POPs).

• From: Environment Agency
• Published: 19 December 2022
• Last updated: 26 April 2024 — See all updates

Applies to England

You must:

• follow the requirements for when a material has not become waste to work out if your item is a waste or a non-waste
• identify waste upholstered domestic seating that contains POPs
• follow the requirements for managing waste upholstered domestic seating containing POPs

Check if upholstered domestic seating is a waste or non-waste item

If an item is reused, for it to be a non-waste product and not become a waste, all the following conditions for reuse must apply:

• it is reused for the same purpose for which it was designed
• the previous holder intended for it to be reused
• no more than minor repair is required to it when it is transferred from the previous holder to the new holder
• both the previous holder and new holder know at the point of transfer that it does not need more than minor repair
• if a repair is required, it will be done
• its use keeps to the law, for example it carries appropriate fire safety labels
• it is managed as a non-waste – that is, it is not moved or stored in a way that will damage it, for example in a skip with items of waste

You are breaking the law if you allow reuse of an item containing POPs and all of these conditions are not met.

Find more information in the guidance check if your material is waste and in the following examples.

Examples of minor repair

It can be difficult to know if the holder of a material believes it does not need more than minor repair. If they show an intention to donate the item for reuse, you can assume that they believe it does not need more than minor repair.

If you choose to improve an item for reuse to better its quality, as long as these improvements are not necessary to keep it functional, the Environment Agency would not consider them to be more than minor repair. Where more than minimal improvements are needed for the item to function, these are considered to be more than minor repair.

Example 1: a sofa with a broken leg

A sofa with a broken leg is delivered to a designated area for reuse. The sofa is no longer functional for its original purpose, due to the broken leg. However, the repair required to reattach a new leg is a minor repair and it will be carried out before sale or further use. The Environment Agency consider that this is a minor repair.

Example 2: a sofa which is not structurally sound

A sofa which is not structurally sound (for example, it’s collapsed in the middle) is delivered to a designated area for reuse. The sofa is no longer functional for its original purpose. The repair required to return the sofa to its original purpose would include stripping the upholstery, lining, foam, and wadding before carrying out a structural repair. The Environment Agency considers this to be more than minor repair.

Example 3: a sofa in working condition

A sofa which is structurally sound and in working condition is delivered to a designated area for reuse. The sofa is functional for its original purpose. When considering the conditions for reuse, the Environment Agency would not consider improvements on the item to be more than minor repair, as the improvements are to better its quality and are not required for its use.

When you must check whether the reuse conditions are met

You must do this check at the place the owner gives the item, for example at the:

• home or business it is collected from
• household waste recycling centre (HWRC) it is taken to
• charity shop it is taken to

When upholstered domestic seating is waste

If your assessment identifies that the item does not meet the reuse conditions and is therefore waste, you must check if it contains POPs. It can only achieve end of waste status and be reused if it does not contain POPs and it is not contaminated by POPs.

Follow the guidance identify and classify waste containing persistent organic pollutants to show that the item does not contain POPs. If you can show this, it is eligible for end of waste status, following any preparation for reuse activities.

If the item does contain POPs, you must follow the guidance manage waste upholstered domestic furniture containing POPs.

Examples of receiving upholstered domestic seating

The following explain a range of scenarios.

Delivery to a charity shop

If a householder delivers an item to a charity shop, you can assume that they intend for it to be reused. Therefore, the item is not waste if it meets all the conditions for reuse.

Collection from a household or business by a charity, local authority or other business

If the collector only collects items intended for reuse, they are normally considered non-waste products if both of the following apply:

• the collector has checked the items before they accept them
• all the conditions for reuse are met

Some collections may include a mixture of non-waste and waste items, for example:

• retailer takeback schemes
• bulky item collection services
• house clearance

If the collector has checked the items before they remove or accept them from the owner, the items that:

• meet all the conditions for reuse are normally considered non-waste products and can be reused
• do not meet all the conditions for reuse are waste and waste controls apply

Collectors can put both non-waste products and waste items on the same vehicle. They must keep the non-waste products separate from the waste and make sure each type is managed appropriately.

If the collector checks the items after they remove or accept them from the owner, to decide whether the reuse conditions are met, then all the items are normally classed as waste and waste controls apply.

If the collector does not carry out checks, then the items are classed as waste and waste controls apply.

Delivery to a HWRC

If a householder delivers an item to the reuse area of the HWRC, you can assume they intend for it to be reused. The HWRC must first check whether the items meet all the conditions for reuse and:

• if they do, they are normally considered non-waste products and can be reused
• if they do not, they are waste and waste controls apply

If a householder delivers an item to the waste area of the HWRC, then it is classed as waste.

For any item you identify as waste upholstered domestic seating, waste controls apply. You must check every item of waste upholstered domestic seating to see if it contains POPs (or assume all upholstered items contain POPs). If it does, you must follow the guidance manage waste upholstered domestic seating containing POPs. Only those items that do not contain POPs are suitable for reuse or recycling. Any items that contain POPs must be managed so that the POPs are destroyed.

Refurbishing upholstered domestic seating

You can refurbish upholstered domestic seating that is not waste. If you remove any textiles and foam you must manage them as POPs waste. You must make sure the textiles and foam are sent for incineration.

You can only refurbish upholstered domestic seating that is waste if you meet the following conditions. You must:

• register as a waste carrier if you carry waste furniture produced by other businesses or households in a vehicle
• hold a suitable environmental permit or have registered a T12 waste exemption for manually treating waste that authorises you to refurbish furniture for reuse
• make sure that any foam, textiles, dust, and particulates from POPs containing materials are captured and managed as POPs waste

• remove all the materials that may contain POPs, even if they are undamaged and do not need replacing – materials that contain POPs include foam, fabrics, printed circuit boards, cables and rigid plastics in electric recliner chairs

• send all materials that may contain POPs for incineration as POPs waste at a suitably authorised facility

• not take waste from anywhere without permission

The previous holder can only transfer the waste to you for the purpose of you separating the materials containing POPs for incineration. Both you and the previous holder of the waste must comply with duty of care when they transfer the waste to you. Householders have different responsibilities to businesses and may not be aware of the nature of this waste and their responsibilities.

Preventing items from becoming waste

To help move waste up the waste hierarchy, all charities, collectors of used items and waste operators can engage with the public and businesses on how they may prevent items becoming waste.

However, charities, collectors and waste operators must:

• check if an item is waste and follow waste controls if it is
• follow the rules for identifying and managing waste containing POPs

Published 19 December 2022
Last updated 26 April 2024 + show all updates

1. 26 April 2024

   Updated the section 'refurbishing upholstered domestic seating' to make it clearer what the requirements are when you refurbish upholstered domestic seating that is waste.

2. 19 December 2022

   First published.