Flood and Water Management Act 2010
What this means for your business
- Enforced by
- Environment Agency, NRW
- Applies to
- United Kingdom
- On this page
- 3 compliance obligations, 7 practical guides across 2 topics
What you must do
3 compliance obligations under this legislation.
Offences and prohibitions 3
Alter designated structure without consent
Unlimited fineIf you change, remove or replace a structure or feature that has been designated for floodā or coastalāerosion risk without getting written consent from the responsible authority, you commit an offence. A conviction in the Magistratesā Court carries a fine of up to levelāÆ5 on the standard scale (unlimited). There is no custodial sentence for this offence.
Breach a temporary water-use ban
Fine up to Ā£1,000If a water company issues a temporary ban on specific uses of water (for example, watering gardens with a hosepipe) and you continue that use, you commit an offence. On conviction you will be fined up to Ā£1,000. The case is dealt with in the Magistrates' Court on summary conviction.
Fail to register a large raised reservoir
Unlimited fineIf you are the undertaker (owner/operator) of a large raised reservoir and you do not register it with the relevant authority, or you ignore any registrationārelated regulations, you commit a criminal offence. On conviction you face an unlimited fine ā either in the Crown Court (indictment) or in the Magistratesā Court (summary). No prison term is attached to this offence.
Penalties for non-compliance
3 penalties under this legislation. 2 carry an unlimited fine.
Alter designated structure without consent
Unlimited fine
Fail to register a large raised reservoir
Unlimited fine
Breach a temporary water-use ban
Fine up to Ā£1,000
Practical guidance
Our guides explain how to comply with the requirements above.
Sector-Specific 5
Adopt new sewers under Section 104
How to get new sewers adopted by the water and sewerage company under Section 104 of the Water ā¦
Construction drainage design and compliance
How to design and install foul and surface water drainage that meets Approved Document H requirements. Covers pipe ā¦
Design and construct SuDS for new developments
How to design and construct sustainable drainage systems (SuDS) for new developments. Covers CIRIA C753 design principles, SuDS ā¦
Drainage and utilities compliance checklist
Pre-start compliance checklist for drainage and utility infrastructure works. Covers Section 104 sewer adoption, Approved Document H, confined ā¦
Flood risk assessment and SuDS compliance
How to assess flood risk for development sites and comply with Sustainable Drainage Systems (SuDS) requirements. Covers Flood ā¦
Environment & Sustainability 2
Protect your business premises from flooding
How to assess flood risk to your business premises and implement practical protection measures. Covers checking your flood ā¦
Coastal erosion: implications for your business
How coastal erosion risk affects business premises, planning restrictions in Coastal Change Management Areas, Shoreline Management Plan policies, ā¦
Sections and provisions
58 classified provisions from this legislation.
Duties 6
- s.8 National flood and coastal erosion risk management strategy: Wales
- s.9 Local flood risk management strategies: England
- s.10 Local flood risk management strategies: Wales guidance under this section
- s.19 Local authorities: investigations
- s.21 Lead local authorities: duty to maintain a register
- s.23 Consultation and consent
Offences and penalties 3
Powers 26
- s.7 National flood and coastal erosion risk management strategy: England
- s.11 Effect of national and local strategies: England
- s.12 Effect of national and local strategies: Wales
- s.14 Power to request information
- s.15 Civil sanctions
- s.16 Funding
- s.17 Levies
- s.18 Reports about flood and coastal erosion risk management
- s.20 Ministerial directions
- s.22 Establishment
- s.24 Membership
- s.25 Money
- s.26D Payments relating to members
- s.26C Constitution
- s.28 Power to make further amendments
- s.29 Restructuring
- s.35 Provision of infrastructure
- s.38 Incidental flooding or coastal erosion: appropriate agency
- s.39 Incidental flooding or coastal erosion: local authorities
- s.41 Compulsory works orders
- ... and 6 more powers
Definitions 7
- s.1 āFloodā and ācoastal erosionā Coastal erosion
- s.2 āRiskā Risk Flood risk Coastal erosion risk
- s.3 āRisk managementā Risk management
- s.4 āFlood risk management functionā Flood risk management function the Minister
- s.5 āCoastal erosion risk management functionā Coastal erosion risk management function
- s.6 Other definitions Ordinary watercourse Groundwater Surface runoff
- s.27 Sustainable development flood risk management function Minister