Reservoirs Act 1975
What this means for your business
- Enforced by
- NRW
- Applies to
- United Kingdom
- On this page
- 10 compliance obligations, 1 practical guide
What you must do
10 compliance obligations under this legislation.
Appointments 1
Appoint a qualified civil engineer for reservoir discontinuance and obtain certification
If you want to alter a large raised reservoir so it can no longer hold 10,000 m³ of water, you must hire a qualified civil engineer to design, approve and supervise the work. The engineer may issue an interim certificate setting a reduced water level that you must follow, and you must obtain a final certificate before the reservoir is removed from the register. If a regulator tells you you have not appointed an engineer, you must do so within 28 days and tell the regulator.
Inspections 1
Inspect high‑risk reservoirs and act on engineer’s recommendations
Unlimited fineIf your business owns or operates a high‑risk (large raised) reservoir, you must have an independent qualified civil engineer inspect it at the intervals set by the Minister and obtain a written report. You must then carry out any safety or maintenance actions the engineer recommends within the time‑frames they set, keep the engineer’s certificate and any compliance certificates, and notify the regulator if the engineer fails to report within six months.
Management duties 1
Appoint and maintain a supervising engineer for high‑risk reservoirs
If you run a high‑risk reservoir that isn’t already watched by a construction engineer, you must hire a qualified civil engineer to supervise it. The engineer must give you a written report at least once a year, direct you to carry out visual checks and you must tell them of any inspections and what you find. If the regulator tells you you lack a supervisor, you have 28 days to appoint one and confirm it in writing.
Notifications 1
Notify authority and provide information before building or re‑using a large reservoir
If you plan to build a new large raised reservoir or bring an abandoned one back into service, you must give the local relevant authority at least 28 days' notice and supply all the details they require. You also have to give any supervising engineer the reservoir’s records, certificates, inspection reports and any other information they ask for.
Payments and fees 1
Pay agency expenses for engineer consultations
Unlimited fineWhen the Reservoirs Authority asks an engineer for advice under certain sections of the Reservoirs Act, you (the reservoir undertaker) must reimburse the agency for the reasonable costs incurred. This means you need to budget for and promptly pay any invoice the agency sends you for that engineering advice.
Offences and prohibitions 2
Fail to register or comply with reservoir regulations
Unlimited fineIf you are an undertaker of a large raised reservoir and you do not register the reservoir or follow any regulation made under the Act, you commit an offence. On conviction you face an unlimited fine – the court can impose any amount it sees fit. The offence can be tried either in the Magistrates' Court or the Crown Court.
Wilfully obstruct a reservoir inspection
Fine up to £1,000If you deliberately block or refuse entry to a regulator (such as the Environment Agency) who has lawful authority to inspect a reservoir under the Reservoirs Act, you are committing an offence. On conviction you face a fine of up to £1,000 on summary conviction in the Magistrates' Court. There is no custodial sentence attached to this offence.
Record keeping 1
Keep prescribed records and maintain instruments for high‑risk reservoirs
Unlimited fineIf your business owns or operates a high‑risk reservoir, you must record water levels, leakages, wall settlement and any other prescribed matters. You also need to install and keep the measuring equipment working so the data can be logged as required.
Registration and licensing 1
Register large raised reservoir and keep authority notified of changes
If your business owns or operates a large raised reservoir, you must tell the relevant authority (Environment Agency, Natural Resources Wales or the appropriate Scottish council) about it and supply the prescribed details. You also need to inform the authority of any alterations, plans to abandon the reservoir, or changes of the appointed engineer, within the time limits set by the regulations.
Reporting and filing 1
Keep engineer reports and send copies to the enforcement authority
Unlimited fineWhen an engineer provides a report, certificate or direction under the Reservoirs Act, you must retain the original document and, within 28 days, send a copy to the enforcement authority. If the engineer is appointed by the authority, you also receive a copy at the same time and must keep it as well.
Penalties for non-compliance
6 penalties under this legislation. 5 carry an unlimited fine.
Inspect high‑risk reservoirs and act on engineer’s recommendations
Unlimited fine
Pay agency expenses for engineer consultations
Unlimited fine
Fail to register or comply with reservoir regulations
Unlimited fine
Keep prescribed records and maintain instruments for high‑risk reservoirs
Unlimited fine
Keep engineer reports and send copies to the enforcement authority
Unlimited fine
Wilfully obstruct a reservoir inspection
Fine up to £1,000
Practical guidance
Our guides explain how to comply with the requirements above.
Sections and provisions
50 classified provisions from this legislation.
Duties 11
- s.2D Review
- s.2E Appeals
- s.2 Registration of large raised reservoirs, and enforcement of Act, by local authorities. relevant authority
- s.10 Periodical inspection of large raised reservoirs. The undertaker
- s.11 Recording of water levels etc. high-risk reservoir the undertakers
- s.12 Supervision of large raised reservoirs. The undertaker
- s.13 Discontinuance of large raised reservoirs. large raised reservoir
- s.19A Appeals
- s.20 General provisions as to reports, certificates etc. of engineers. document
- s.21 Duty of undertakers to furnish information. undertakers
- s.22C Expenses
Offences and penalties 2
Powers 13
- s.2B Designation
- s.2A Consideration of risk and provisional designation: England and Wales
- s.3 Reports by local authorities to, and supervisory powers of, Secretary of State.
- s.5 Power to prescribe by regulations.
- s.6 Construction or enlargement of reservoirs.
- s.12A Flood plans: large raised reservoirs
- s.12B Flood plans and national security
- s.15 Reserve powers.
- s.19 Reference of disputed recommendations to referee.
- s.20A Assessment of reports and statements
- s.21B Reports
- s.21A Power to require information
- s.22D Arrangements for civil protection: charges
Definitions 11
- s.1 Ambit of Act and interpretation. undertakers appropriate agency
- s.2C Meaning of “high-risk reservoir”
- s.4 Qualification of engineers.
- s.7 Certificates of construction engineers.
- s.8 Powers of enforcement authority in event of non-compliance with requirements as to construction or enlargement of reservoirs.
- s.12AA Flood plans: preparation appointed engineer
- s.14 Abandonment of large raised reservoirs.
- s.27A Crown application Crown or Duchy interest Crown premises
- s.27C Ministerial responsibility
- s.28 Repeal.
- Large raised reservoir”: England and Wales Large raised reservoir”: England and Wales large raised reservoir