New hazardous material rules for street works: What utilities must do by October 2025

From 1 October 2025, utilities and contractors in the UK will face new legal requirements for classifying and managing hazardous materials during street works. The end of the Environment Agency’s RPS 298/299 signals a major shift: one that increases compliance risk but also opens the door to operational improvement.

The core change: RPS 298/299 ends

For years, utilities relied on Regulatory Position Statements 298 and 299 to simplify waste classification during excavation. That ends on 30 September 2025.

From 1 October, two options remain:

• Follow the full WM3 waste classification guidance, or
• Adopt the new Street Works UK (SWUK) Material Classification Protocol

The SWUK protocol introduces a two-stage process:

1. Desktop assessment – using a structured, version-controlled form and central register
2. Site assessment – segregating bituminous layers, identifying contaminants like coal tar, and classifying spoil as Red or Green

Utilities must also begin sampling a percentage of materials, uploading data to Street Manager, and submitting quarterly returns. The Environment Agency will monitor accuracy — and may penalize persistent non-compliance.

The broader compliance picture

This protocol sits on top of an already tougher enforcement landscape:

• Fines have increased – Fixed Penalty Notices doubled in 2023: £240 for paperwork issues, £1,000 for working without a permit
• Overrun costs have risen – Section 74 charges now apply seven days a week, reaching £10,000 per day on strategic roads
• Inspection scrutiny has grown – Poor performance can trigger 100% site inspections, significantly increasing costs

A failure to comply could force utilities into the more complex WM3 regime — or worse, lead to suspension from permit schemes.

What’s at stake

If utilities and contractors miss the deadline:

• Regulatory breaches will occur the moment RPS 298/299 expires
• Fines could escalate, with six-figure annual exposure possible
• Jobs could stall due to misclassified spoil or rejected documentation
• Reputation could suffer, as repeat errors raise inspection rates and erode trust
• Contracts could be at risk, especially with Ofwat, Ofgem, and local authorities

How to prepare

Utilities should act now. Steps include:

• Audit usage of RPS 298/299 – Decide when to apply WM3 or SWUK, case by case
• Train both office and field staff – Focus on the new assessment workflow and documentation
• Digitize compliance – Manual tracking won’t scale. Look for systems with Street Manager API integration
• Update RAMS and permit templates – Ensure hazardous material risks are explicitly included
• Build internal governance – Track KPIs like sampling accuracy and FPN rates to catch issues early
• Plan for additional resourcing – For companies processing large volumes of permits, the new protocol may require dedicated compliance teams to manage assessments, documentation, and reporting

Final word

‍At Cogna, we help utilities digitize permit processes, automate Street Manager reporting, and build compliance into everyday workflows. If you're planning for October, we're here to support the transition.