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With increasingly long wet spells, surface water runoff flooding is a growing problem. But what is the legal position? Surface water runoff, also known as surface water flooding or pluvial flooding, happens when water—usually rain—does not soak into the soil but instead remains on or flows over the ground surface.
Runoff may occur even on usually well-draining soil if the ground becomes saturated or baked hard due to a prolonged dry spell.
Check the long term flood risk in your area.
Who is responsible for surface water drainage?
The law does not attribute responsibility for surface water per se. However, the Flood and Water Management Act (2010) requires county councils to coordinate the work of different organisations in managing the problem.
Water coming from neighbour’s property
But what about cases where the issue involves private landowners?
Property owners have a common law duty to use their land in a way that does not increase the risk of flooding on neighbouring property. If one property owner takes actions on their land that result in flooding – or increased flooding – on another person’s property, they risk a claim for an injunction and/or damages. An injunction requires the responsible landowner to take steps to remedy the problem. Damages compensate for the financial loss suffered.
Surface water runoff law UK
To minimise the risk of flooding to your neighbours, the law also requires you to:
Keep your drains clear and avoid draining water onto your neighbour’s property or into their foul drain. You have a natural right of drainage for water that flows naturally downhill across your land to a neighbour’s land. However, you cannot artificially redirect water in a way that damages a neighbour’s land. Doing so exposes you to civil legal action.
Maintain any flood defences on your land. If neglecting these defences leads to flooding or worsens flooding, you may be liable to a claim.
What if your property is next to a river or other water course?
If your property is near a river or other natural watercourse, you have certain rights at common law, known as riparian rights. One of these rights allows you to take reasonable steps to protect your property from flooding. This includes the right to install flood defences such as embankments or walls. However, in doing so, you must not cause damage to other people’s land or property. If your defences worsen flooding on a neighbour’s property, you may face a claim for an injunction and/or compensation.
Please note, however, that regardless of your riparian rights, your flood defences may still require consent from the Environment Agency and/or planning permission from your local authority. Consult both before undertaking any work.
Also, remember that your proposed works may not be permitted if they reduce flood storage on a flood plain.
Contact our Property Disputes Team on 01225 462871 or complete the Contact Form below.