Construction & Property

Apply for a flood risk activity permit

How to apply for a flood risk activity permit (FRAP) from the Environment Agency for work on or near main rivers, flood defences, and sea defences. Covers exemptions, standard rules permits, and bespoke permits under the Environmental Permitting Regulations 2016.

UK-wide
Guide summary

You need a flood risk activity permit for work near main rivers, flood defences, or sea defences in England or Wales. Check if your activity qualifies for an exemption, standard rules permit, or bespoke permit. Submit your application with the correct fee and wait for the Environment Agency's decision.

  • Check if your activity is within 8m of a non-tidal river or 16m of a tidal river
  • Register exemptions for free with the Environment Agency
  • Standard rules permits cost £720-£3,926 and take 4 weeks
  • Bespoke permits cost from £6,000 and take 2-4 months
  • Include site plans and risk assessments in your application
  • Comply with permit conditions to avoid criminal penalties
  • Pay annual charges while the permit is active
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UK-wide

Related guides in Planning Permission

When you need a flood risk activity permit

You need a flood risk activity permit (FRAP) before carrying out work on or near a main river, flood defence, or sea defence in England or Wales. This includes building structures, excavating, dredging, and any activity that could affect water flow or drainage.

Operating without the required permit is a criminal offence under the Environmental Permitting (England and Wales) Regulations 2016. Penalties include up to 5 years imprisonment and an unlimited fine.

This guide covers the application process for main rivers only. If your work is near an ordinary watercourse (a smaller river, stream, or ditch that is not designated as a main river), you need consent from your Lead Local Flood Authority instead.

Choosing the right permission route

There are three routes to obtaining permission for flood risk activities. The route you need depends on the nature and risk of your planned work.

Exemption

Some low-risk activities qualify for an exemption. You must register the exemption with the Environment Agency before starting work, but there is no fee and no formal application process. Your activity must meet the exact description and conditions set out in the exemption. If it does not, you need a permit.

Standard rules permit

Common activities that carry a moderate level of risk can be covered by a standard rules permit. These have fixed conditions that you cannot negotiate. The application is simpler and faster than a bespoke permit, and the fees are lower. Choose this route if a published set of standard rules matches your planned activity.

Bespoke permit

If your activity does not fit an exemption or a standard rules permit, you need a bespoke permit. The Environment Agency will set tailored conditions based on the specific risks of your project. Bespoke permits take longer to determine and cost more, but they cover complex or higher-risk activities.

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    1. Check whether you need a permit

    Use the Environment Agency's online guidance to determine whether your planned activity is regulated. Check the distance from your work to the nearest main river, flood defence, or sea defence. Activities within 8 metres of a non-tidal main river or 16 metres of a tidal main river or sea defence are regulated. If you are unsure, contact the Environment Agency. They aim to respond to enquiries within 10 working days.

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    2. Choose your permission route

    Determine whether your activity qualifies for an exemption, fits a standard rules permit, or requires a bespoke permit. Check the published list of exempt activities and standard rules on GOV.UK. If your activity does not match any exemption or standard rule exactly, apply for a bespoke permit.

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    3. Gather your supporting documents

    Prepare a site plan showing the location of your work relative to the main river, flood defence, or sea defence. Include cross-sections, method statements, and details of any temporary works. For bespoke permits, you may also need a flood risk assessment, ecological surveys, and details of pollution prevention measures. The more complete your application, the faster the determination.

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    4. Submit your application with fees

    For exemptions, register online with the Environment Agency at no cost. For standard rules and bespoke permits, submit the application form with the required fee. Application charges are set in the Environment Agency's charging scheme and are revised every 1 April (in line with inflation). Check the current 'Environmental permits and abstraction licences - tables of charges' on GOV.UK for the exact amount before applying.

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    5. Wait for determination

    The Environment Agency will acknowledge your application and confirm the date it is duly made (complete with all required information). You will normally get a decision within 2 months if your application relates only to flood risk activities. Allow around 4 months for combined activities (such as a flood risk and water discharge activity) or where a public consultation is required. If additional information is requested, the determination clock pauses until you respond.

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    6. Receive your decision

    The Environment Agency will grant your permit (possibly with conditions), request amendments, or refuse the application. If granted, read the conditions carefully. If refused, you can appeal or amend your proposal and reapply. The Environment Agency will not normally vary a permit within 3 years of issue, so ensure you are satisfied with the conditions before accepting.

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    7. Comply with permit conditions

    Once you hold a permit, you must comply with all its conditions throughout the duration of the permitted activity. This may include restrictions on timing (such as avoiding fish spawning seasons), pollution prevention measures, and reinstatement requirements. Breaching permit conditions is a criminal offence. You must also pay annual subsistence charges for as long as the permit is active.

Fees and timescales

Application fees and determination timescales vary by permit type. Fees are set in the Environment Agency's annual charging scheme and may change each financial year.

Working with the Environment Agency

Pre-application advice

For bespoke permit applications, consider requesting pre-application advice from the Environment Agency before submitting your formal application. Pre-application engagement helps you understand what information the Agency needs, identify potential issues early, and avoid costly delays during the formal determination process.

The Environment Agency aims to respond to initial enquiries within 10 working days. For complex projects, they may arrange a site visit or meeting to discuss your proposals in detail.

Common reasons for refusal or delay

  • Incomplete applications - Missing site plans, method statements, or supporting assessments are the most common cause of delay. The determination period does not start until the application is duly made.
  • Inadequate flood risk assessment - If your proposal could increase flood risk to other properties or infrastructure, the Environment Agency is likely to refuse.
  • Ecological impact - Activities near main rivers can affect protected habitats and species. A Habitats Regulation Assessment may be required, which extends the determination period.
  • Insufficient pollution prevention - Failure to demonstrate how you will prevent pollution during construction is a common ground for refusal.
  • Timing conflicts - Work during fish spawning seasons or bird nesting periods may be refused or restricted.

Ordinary watercourses: a different regime

If your work is near an ordinary watercourse (any river, stream, ditch, drain, cut, dyke, sluice, or culvert that is not a main river), the flood risk activity permit regime does not apply. Instead, you need ordinary watercourse consent from your Lead Local Flood Authority (LLFA).

The LLFA is usually your county council or unitary authority. In areas covered by an Internal Drainage Board (IDB), the IDB rather than the LLFA issues ordinary watercourse consent under the Land Drainage Act 1991. Ordinary watercourse consent covers activities such as building culverts, bridges, and other structures that could obstruct or alter the flow of water.

To check whether a watercourse near your site is a main river or an ordinary watercourse, use the Environment Agency's main river map on GOV.UK.

Official guidance on GOV.UK

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