Fly-tipping

Fly‑tipping is a criminal offence. If an enforcement officer believes you have committed a fly‑tipping offence, they may issue a fixed penalty notice.

A fixed penalty notice gives you the option to deal with the offence without going to court.

Fixed penalty amount

From 1 January 2024, the fixed penalty for fly‑tipping is £500.

The notice is issued under the Environmental Protection Act 1990.

How fixed penalty notices work

If you receive a fixed penalty notice, you have 14 days from the date of the notice to pay it.

Paying the penalty:

• discharges liability for the offence
• means you will not be reported to the Procurator Fiscal and therefore there is no chance of being taken to court for that offence

If you do not pay the fixed penalty within the 14‑day period, the case will be reported to the Procurator Fiscal for consideration for criminal charges and/or prosecution.

If you do not agree with the notice

There are no formal grounds of appeal against a fly‑tipping fixed penalty notice.

If you do not believe you committed the offence, you should not pay the penalty. In this case, the matter may be referred to the Procurator Fiscal. They will decide, based on the evidence, whether an offence has taken place and whether further action should be taken.

Possible court penalties

If a fly‑tipping offence is prosecuted in court, the penalties can be more severe. This may include:

• a fine of up to £40,000
• imprisonment for up to two years

Paying a fixed penalty notice

Information on how to pay your fixed penalty notice will be included with the notice itself. Payment is made online.

If you have questions about a fixed penalty notice you have received, you can contact us for advice.