Is dumpster diving illegal in the UK and can I be fined for taking stuff from a skip?
DUMPSTER diving may sound like an unpleasant way to save money, but advocates of the activity claim there is treasure to be reclaimed from other people’s rubbish.
Here’s everything you need to know about the legality of this increasingly popular and prudent pastime.
Dumpster diving is not technically illegal in the UK, as rubbish isn’t seen as anyone’s property unless it is located on private land[/caption]What is dumpster diving?
Dumpster diving refers to the practice of looking through bins for food or items of value.
Jessica, a dumpster diving influencer, made a name for herself picking up incredible hauls by bin-raiding outside stores.
The YouTuber has previously bagged more than £950 worth of products in one session and amassed a following of more than 25,000 subscribers through sharing stories of her trash-rummaging exploits.
She recommends doing skip searches at night, as she finds it awkward bumping into an employee and having to explain what she’s doing.
In one of her videos she explained: “Obviously the later at night that you go the less likely you are to run into employees and people in general.
“It just makes it a little less awkward. It’s not my favourite thing explaining to people why I am looking through trash cans.”
She also suggested going at sunrise before the store opens, which means that you can go in the daylight during the summer months.
Is it illegal to go dumpster diving?
Dumpster diving is not technically illegal in the UK, as rubbish isn’t seen as anyone’s property.
Once an item has been thrown away it is considered to be abandoned goods and therefore it cannot be stolen.
You are able to dumpster dive if the bins are out in the open and on public land while not being locked, but you may be asked to move along.
However, if a bin is stored on private property the diver could possibly be prosecuted for trespassing.
When a skip or dumpster is located on private land — e.g. a driveway, building site or commercial property — then anyone other than the property owner found going through the contents is deemed to be trespassing.
Another consideration is your local council’s regulations regarding refuse collection.
In some areas you are required to have a permit to access certain dumpsters.
If a bin is stored on private property the dumpster diver could be prosecuted for trespassing[/caption]Just because an item ends up in a skip, it doesn’t always mean that it’s being disposed of.
People may be using their skip for temporary storage of items before deciding what to get rid of.
Old construction materials might also be recycled by tradespeople for a future project.
Skips are generally found on people’s driveways – this way they don’t need to get permits from the council to place the skip on a public road.
Bins and skips in the carparks of retailers are considered to be on private property and therefore you could be trespassing by accessing them[/caption]Technically speaking, if you’re rummaging in someone’s skip on their driveway, you’re trespassing on private property and the property owner is within their rights to take legal action.
And even if the skip is on public land, the contents still belong to the person who hired the skip until its removal.
Can I be fined for dumpster diving?
If caught dumpster diving on private land, you could end up being charged with the offence of aggravated trespass, which carries a maximum penalty of three months in prison.
Broadbent Solicitors explains: “Aggravated Trespass is an offence under section 68 of the Criminal Justice and Public Order Act 1994.
“It can only be tried in the magistrates’ court and carries a maximum penalty of three months’ imprisonment.”
Dumpster diving could also be considered littering under section 87 of the Environmental Protection Act 1990.
Unless given consent by the local authority, it is an offence to leave litter in a public place.
This includes depositing your trash in another person’s bin, skip or dumpster — if caught doing this, you could be slapped with a fine of up to £2,500.
So while there is no specific law against dumpster diving in the UK, there are a number of risks involved in the activity.