FCC Environment has told the Chancellor that plans to simplify the UK’s landfill tax regime risk rendering nationally significant infrastructure and large housing projects commercially unviable. In a formal letter and accompanying statement, the company warned that moving to a single, flat rate of tax would sharply increase disposal costs for developers and construction firms and could jeopardise projects already under way. According to the company, the consultation’s timetable means those risks need urgent attention from ministers. (This account reflects FCC Environment’s representations to government and its public statement.)

The concern centres on the proposed removal of lower-rate reliefs and the eventual alignment of the lower rate with the current standard rate. Under the current 2025–26 rates published by HM Revenue & Customs, the standard rate is set at £126.15 per tonne while the lower rate remains at £4.05 per tonne. FCC has illustrated the scale of change with a simple example: disposal of 1,000 tonnes of inert or otherwise unusable soil that presently attracts the lower rate can cost a developer roughly £4,000 today but, if taxed at the full standard rate, could cost in the region of £126,000. The Treasury has argued that uprating and simplification are designed to maintain the incentive to divert waste from landfill, but industry bodies say the calibration of those incentives needs more nuance.

FCC applied those headline rates to large projects to show the possible fiscal shock. The company’s calculations suggest that HS2 — which still faces the excavation of millions of tonnes of spoil — would see its landfill tax bill rise from a figure it cited of about £13 million under current arrangements to well over £440 million if the new regime were applied as proposed. FCC also estimated that London development projects could face an additional £1.26 billion in tax liabilities. Those figures are presented by FCC as illustrative modelling to demonstrate potential scale rather than as an audited departmental forecast.

Ministers set out the reform proposals in a Treasury consultation published in April, proposing to transition to a single rate by 2030 and to remove a number of reliefs and exemptions from 2027. The consultation explains the government’s rationale: to simplify the tax, reduce misdescription and other practices linked to waste crime, and further incentivise reuse and recycling. The document established a 12-week response window that closed in late July; it also reiterates that sites operating without the correct permits will be liable at the standard rate. HMRC and Treasury material published alongside the budgetary upratings frames the changes as part of a longer-term policy to shift material away from landfill and into circular-economy routes.

Industry groups have been quick to add their own warnings. FCC told ministers it fears removal of the long-standing quarry exemption from 2027 will undermine plans to restore old quarries to productive land and may have the perverse effect of encouraging illegal dumping. “We’re unconvinced that this tax change will reduce waste crime as the government believes. In fact, the proposals will simply make the returns higher for those criminals’ intent on making money whatever the cost,” Julie Fourcade, Head of External Affairs at FCC Environment, said in the company’s letter to the Chancellor. FCC urged that enforcement bodies must be resourced and empowered to close illegitimate operators quickly if the policy is not to backfire.

Those points have been echoed — and amplified — by other parts of the construction supply chain. The Mineral Products Association warned ministers that penalising the acceptance of inert materials for quarry restoration risks aggregate shortages, threatens restoration programmes and could damage the construction supply chain, stressing the need for a route for materials that have no practical reuse. The Home Builders Federation has also cautioned that raising lower-rate charges towards the standard rate could push marginal housing sites into unviability, deter brownfield regeneration and make the delivery of affordable homes harder. These groups are pressing ministers for sector-specific mitigations or transitional arrangements.

The Treasury’s stated objective is to tighten incentives against landfill while simplifying administration and closing loopholes that enable waste misdescription. Official guidance already makes clear that unauthorised disposals and sites without the proper permits will attract the higher, standard rate — a mechanism ministers say should deter illegal operations. Yet both industry and some campaigners argue that fiscal signals alone will not prevent crime unless regulators are given the capacity to detect and prosecute offenders and to act rapidly against non-compliant sites.

That tension — between fiscal deterrence and practical enforcement, and between environmental goals and construction-sector realities — frames the choice facing ministers. FCC and other industry bodies are calling for targeted solutions: exemptions or lower transitional rates for material destined for restoration where no viable reuse exists, clearer definitions to prevent misclassification, and strengthened enforcement resource for the Environment Agency and HMRC. They argue these measures would preserve incentives to divert waste from landfill without destabilising major infrastructure and housing programmes.

With the consultation period now closed, the government must weigh competing objectives and the sector’s warnings before announcing next steps. Industry groups say they will continue to press for mitigations and for a transparent impact assessment that identifies where the policy could unintentionally undermine restoration, housing delivery and the supply of construction materials. Ministers face a decision about whether to implement a swift, comprehensive simplification to landfill tax, to adopt a more phased approach, or to introduce targeted reliefs that address the sector’s specific concerns.

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Source: Noah Wire Services