Do the Oil Storage Regulations apply to you?

The Oil Storage Regulations aim to ensure that you store oil safely and minimise the risk of pollution incidents. They apply to oil stored in:

• tanks
• intermediate bulk containers
• oil drums
• mobile bowsers
• in Scotland, any container containing oil.

In England the Oil Storage Regulations may apply to you if you store oil above ground, outside in containers with a capacity of more than 200 litres.

In Scotland the regulations will affect you if you store oil of any kind at your premises, regardless of the volume.

For domestic oil storage, ie on premises used wholly or mainly as a private dwelling, the regulations only apply to containers with a storage capacity of more than 3,500 litres in England, or 2,500 litres in Scotland. You will need to comply with Building Regulations for any new, replacement or altered domestic tanks. 

The Oil Storage Regulations do not apply in Northern Ireland and Wales. However, you should still consider meeting the requirements of the regulations, as they aim to prevent water pollution.

Even if the regulations do not apply to you, you are committing an offence if you cause pollution, either deliberately or accidentally. If oil from your site, or under your care, causes pollution, you may be prosecuted and fined.

In England, Wales and Northern Ireland separate regulations apply to the storage of agricultural fuel oil.

In Scotland the Oil Storage Regulations come into force in three stages.

All new oil containers must comply with the regulations now. A container will be new if you stored oil in it for the first time after 1 April 2006.

From 1 April 2008, oil containers that existed before April 2006 and that are at 'significant risk' must comply with the regulations. Tanks are at significant risk if they are less than:

• 10 metres away from any surface water or wetlands
• 50 metres away from any well or borehole.

The regulations will apply to all other oil containers from 1 April 2010.