Your business has been flooded - what to do now
- 4 steps
UK Act of Parliament
2010
United Kingdom
Flood and Water Management Act 2010
At a glance
Enforced by
What's here
9 compliance obligations, 10 practical guides across 3 topics · 7 journeys · 17 statutory instruments
Penalty landscape
2 of 9 obligations carry an unlimited fine. 1 carries different penalties and 6 have no criminal penalty — flagged in the list below.
Who this Act binds
Business-side actors with duties under this Act, ranked by how often they appear.
- Any Person 3
Plus 6 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
Step-by-step journeys using this legislation
Walkthroughs that take you from a real business situation to compliance.
Assess flood risk for your business premises
- 4 steps
Flood and water management for your business
- 7 steps
Drainage and utilities infrastructure compliance
- 6 steps
SuDS approval in Wales: quick guide
- 1 step
Starting a business in Wales
- 1 step
Relevant guidance
Practical guides for businesses affected by this Act, ordered by how closely they engage with it.
Direct — cites this Act
5 guidesSupporting — topic alignment
1 guidesOther Acts binding the same actors
For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.
Any Person also bound by 2338 other Acts (top 5 shown)
- Human Medicines Regulations 2012 2012 169 duties
- Merchant Shipping Act 1995 1995 144 duties
- Insolvency (England and Wales) Rules 2016 2016 101 duties
- Road Traffic Act 1988 1988 95 duties
- Air Navigation Order 2016 2016 95 duties
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Part 1 — Flood and Coastal Erosion Risk Management
National flood and coastal erosion risk management strategy: Wales
Other duties (1) — Crown / regulator
- Welsh Ministers must develop and publish a flood risk strategy for Wales Crown / Minister / Government department
Local flood risk management strategies: England
Other duties (1) — Crown / regulator
- Councils must create and maintain local flood risk management strategies Local authority
Local flood risk management strategies: Wales
Other duties (1) — Crown / regulator
- Lead local flood authorities must develop local flood risk strategies Local authority
Local authorities: investigations
Other duties (1) — Crown / regulator
- Lead local flood authorities must investigate and report on flood incidents Local authority
Lead local authorities: duty to maintain a register
Other duties (1) — Crown / regulator
- Lead local flood authorities must maintain a register of flood risk features Local authority
Consultation and consent
Other duties (1) — Crown / regulator
- Environment Agency must obtain Committee consent for regional flood programs Statutory regulator
Browse 29 other sections in this Part — procedural / definitional / commencement
“Flood” and “coastal erosion”
“Risk”
“Risk management”
“Flood risk management function”
“Coastal erosion risk management function”
Other definitions
National flood and coastal erosion risk management strategy: England
Effect of national and local strategies: England
Effect of national and local strategies: Wales
Co-operation and arrangements
Power to request information
Civil sanctions
Funding
Levies
Reports about flood and coastal erosion risk management
Ministerial directions
Establishment
Membership
Money
“The Minister”
“The appropriate agency”
Establishment and functions
Constitution
Payments relating to members
Sustainable development
Power to make further amendments
Restructuring
Designation of features
Amendment of other Acts
Part 2 — Miscellaneous
Water use: temporary bans
Fine up to £1,000- Breach a temporary water-use ban Any Person
Browse 14 other sections in this Part — procedural / definitional / commencement
Sustainable drainage
Reservoirs
Special administration
Provision of infrastructure
Civil sanctions
Incidental flooding or coastal erosion: appropriate agency
Incidental flooding or coastal erosion: local authorities
Building regulations: flood resistance
Compulsory works orders
Agreements on new drainage systems
Drainage: concessionary charges for community groups
Social tariffs
Water and sewerage charges: non-owner occupiers
Abolition of Fisheries Committee (Scotland)
Part 3 — General
Browse 3 other sections in this Part — procedural / definitional / commencement
Schedules
Reservoirs
Unlimited fine- Fail to register a large raised reservoir Any Person
Risk Management: Designation of Features
Unlimited fine- Alter designated structure without consent Any Person
Browse 153 other Schedules — structural / supplementary
Risk Management: Amendment of Other Acts
Sustainable Drainage
In this Schedule “designating authority” means— (a) the Environment Agency,...
(1) This paragraph applies where an authority—
(1) If a person contravenes paragraph 5(1) the responsible authority...
(1) This paragraph applies if— (a) a person has contravened...
(1) A person authorised by the responsible authority may at...
(1) The relevant authority must pay compensation if, as a...
(1) The Minister must by regulations provide a right of...
The Minister may by regulations make provision about—
(1) This paragraph defines “the Minister” in this Schedule.
(1) The responsible authority in relation to a structure or...
In this Schedule “owner” in relation to anything which is...
(1) If the following conditions are satisfied, a designating authority...
(1) A person may not alter, remove or replace a...
(1) The responsible authority may by notice given to the...
(1) A designating authority may make a provisional designation by...
(1) A designating authority may make a designation by giving...
(1) The responsible authority may cancel a designation by giving...
The Coast Protection Act 1949 is amended as follows.
In section 12 (maintenance and repair) in subsections (1) and...
In section 13 (recovery of maintenance cost) in subsections (1),...
(1) Section 14 (compulsory acquisition of land) is amended as...
In section 19 (compensation for depreciation of value of an...
Section 20 (contributions towards expenses) is repealed.
Section 21 (grants to coast protection authorities) is repealed.
In section 23 (power to sell materials) in subsections (1)...
In section 24 (arbitrations) in subsection (3) for “coast protection...
In section 25 (powers of entry and inspection) in subsections...
In section 26 (power to require information) in subsections (1)...
Section 2 (constitution of coast protection boards) is repealed.
In section 27 (acquisition of right of passage) in subsections...
In section 28 (power of Minister to facilitate coast protection...
In section 44 (regulations and orders) in subsection (2) for...
In section 45 (service) in subsection (2) for “coast protection...
In section 49 (interpretation) for the definition of “coast protection...
The Land Drainage Act 1991 is amended as follows.
Section 8 (concurrent powers of the Environment Agency) is repealed....
In section 9(1) (default powers of the Agency)—
At the end of section 11 (arrangements between drainage authorities)...
(1) After section 14 (general drainage powers of boards and...
After section 2 insert— Coastal erosion risk management authorities The following are “coastal erosion risk management authorities” for the...
Section 17 (supervision by the Agency: works) is repealed.
(1) Section 21 (enforcement of obligations to repair watercourses and...
(1) Section 23 (prohibitions on obstructions) is amended as follows....
(1) Section 25 (powers to require works for maintaining the...
Section 26 (competing jurisdictions under section 25) is repealed.
(1) Section 33 (commutation of obligations) is amended as follows....
(1) Section 34 (financial consequences of commutation) is amended as...
In section 59 (grants) omit subsection (4)(c).
(1) Section 66 (byelaws) is amended as follows.
In section 72 (interpretation) in subsection (1) after the definition...
(1) Section 4 (general powers) is amended as follows.
The Water Resources Act 1991 is amended as follows.
Section 106 (obligation to carry out flood defence functions through...
In section 110 (main river structures: applications for consent) in...
(1) Section 118 (special duties with respect to flood defence...
Section 133 (power to authorise the Agency to issue levies)...
In section 159 (powers to lay pipes in streets) after...
In section 160 (power to lay pipes in other land)...
(1) Section 165 (powers to carry out works) is amended...
After section 204(2)(c) (exceptions to prohibition on disclosure of information)...
In Schedule 25 (byelaws) for paragraph 5(1)(a) and (b) substitute—...
(1) Section 5 (coast protection work: objections and approvals) is...
After section 206(3)(c) of the Water Industry Act 1991 (exceptions...
The Environment Act 1995 is amended as follows.
For section 6(4) (general supervision by the Environment Agency) substitute—...
Sections 14 to 19 and Schedules 4 and 5 (flood...
Schedule 2 para.54
In section 6 (power to make schemes for carrying out...
(1) In section 8(1) (confirmation of works schemes)—
In section 9 (carrying out of work) in subsection (4)...
In section 10 (recovery of coast protection charges) in subsections...
(1) In this Schedule “drainage system” means a structure designed...
(1) This paragraph provides for the combination of an application...
(1) On considering an application for approval the approving body...
(1) A non-performance bond is a bond of a kind...
(1) The Minister shall by regulations provide for fees for...
(1) The Minister shall by order provide for the enforcement...
The Minister may issue guidance about the process of seeking...
(1) After section 106(1A) of the Water Industry Act 1991...
(1) An approving body must adopt a drainage system which...
(1) The adoption duty does not apply to a drainage...
(1) The adoption duty does not apply to any part...
The adoption duty does not apply to a drainage system...
“Sustainable drainage” means managing rainwater (including snow and other precipitation)...
The Minister may by order provide additional exceptions to the...
An approving body may voluntarily adopt all or part of...
(1) Where an approving body adopts a drainage system it...
(1) This paragraph describes the procedure for adoption in pursuance...
(1) This paragraph applies where an approving body decides to...
(1) The Minister must by regulations provide a right of...
(1) At the end of section 21 of the Building...
At the end of section 63 of the New Roads...
(1) The Minister may make regulations requiring a statutory undertaker...
Where a drainage system is partly in Wales and partly...
In this Schedule “the Minister” means— (a) for drainage systems...
(1) The Minister shall publish national standards for the implementation...
(1) The approving body for a drainage system is—
(1) Construction work which has drainage implications may not be...
(1) This paragraph provides two approaches for applying for approval...
(1) This paragraph provides for free-standing applications for approval under...
The Reservoirs Act 1975 is amended as follows.
(1) Section 6 (construction and alteration) is amended as follows....
(1) In section 7 (certificates of construction engineers) in subsection...
(1) Section 10 (inspections) is amended as follows.
In section 17 (powers of entry) in subsection (1)(b) after...
In section 19(1)(a) after “safety” insert “ , or as...
In section 22 (criminal liability) after subsection (1) insert—
In section 11 (records) in subsection (1) for “large raised...
(1) Section 12 (supervision) is amended as follows.
In section 21(5) (information) for “large raised reservoir” substitute “...
In section 22 (criminal liability) after subsection (1AB) (inserted by...
Before section 1 insert— Large raised reservoir”: England and Wales...
(1) Section 12A (flood plans) is amended as follows.
After section 12A insert— Flood plans: preparation (1) This section applies where an undertaker is directed to...
(1) Section 19 (references) is amended as follows.
(1) Section 20 (reports, certificates etc.) is amended as follows....
In section 22 (criminal liability) after subsection (1AD) (inserted by...
(1) Section 13 (discontinuance) is amended as follows.
(1) In section 15 (reserve powers) in subsection (1) after...
(1) Section 14 (abandonment) is amended as follows.
In section 20 (reports, certificates etc.) in subsection (4)(b) omit...
In section 17 (powers of entry) for subsection (1)(a) substitute—...
(1) Omit section 1(1) to (3) (meaning of “reservoir”).
After section 19 (references) insert— Appeals (1) The Minister must by regulations provide a right of...
In section 20(1) (general provision about documents: prescribed form) for...
After section 20 insert— Assessment of reports and statements (1) The Minister may by regulations make provision for the...
After section 21 (duty to provide information) insert— Power to...
In section 22 (criminal liability) after subsection (4) insert—
In section 22 (criminal liability) in subsection (1)—
After section 22B insert— Expenses The undertaker must pay to the appropriate agency the amount...
After section 22C (inserted by paragraph 36) insert— Arrangements for...
(1) Section 5 (power to prescribe by regulations) is amended...
In section 41(1) of the Environment Act 1995 (power to...
After section 2(2A) (registration) insert— (2B) The undertaker must register...
(1) The Minister may by order make such further amendments...
(1) The Minister must carry out a review of the...
(1) In this Schedule, and the amendments of the Reservoirs...
(1) In this paragraph— (a) a “cross-border reservoir” means a...
In section 21 (duty to provide information)—
In section 22 (criminal liability) before subsection (1) insert—
After section 2 (registration) insert— Consideration of risk and provisional...
In section 7 (certificates of construction engineers) in subsection (5)...
At the end of section 4 (panel of civil engineers)...
Special Administration
(1) This paragraph amends paragraph 2 of Schedule 2 to...
At the end of paragraph 3(2)(b) of Schedule 2 add...
After section 23(2A) of the Water Industry Act 1991 (special...
(1) This paragraph amends sections 153 and 154 of the...
(1) In section 23 of the Water Industry Act 1991...
(1) For section 23(3) of (and Schedule 3 to) the...
(1) In section 66G(10) of the Water Industry Act 1991...
Official guidance
Authoritative sources published by regulators or government explaining this legislation.
- How to comply with SuDS standards - Natural Resources Wales (opens in a new tab) Detailed Guidance
- Natural Resources Wales / Regulatory statement 100: Using waste clay in slurry lagoons or irrigation reservoirs (opens in a new tab) from NRW Detailed Guidance
- Legislation - Ofwat (opens in a new tab) from Ofwat Detailed Guidance
- Lakes and Water Features | Historic England (opens in a new tab) from Historic England Detailed Guidance
- CIRIA SuDS Manual C753 (opens in a new tab) Detailed Guidance
- SuDS statutory standards (PDF) - GOV.WALES (opens in a new tab) Publication
- SuDS statutory guidance - GOV.WALES (opens in a new tab) Detailed Guidance
- Sustainable Drainage (SuDS) Statutory Guidance (opens in a new tab) Other
- Environmental permits: when and how you are charged (opens in a new tab) from Environment Agency Publication
- Flood risk activities: environmental permits (opens in a new tab) from Environment Agency Detailed Guidance
- ... and 22 more
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
Environment Agency
PrimaryEnvironmental protection in England. Regulates waste, emissions, water quality, flood risk, and environmental permits for industrial activities. Enforces environmental law and issues …
Water Services Regulation Authority
Economic regulator for the water and sewerage sectors in England and Wales. Sets price limits, monitors service quality, and enforces environmental duties. …
Office for Environmental Protection
Independent body established post-Brexit to scrutinise environmental law and investigate complaints about public authorities' failures to comply with environmental law in England …
Natural Resources Wales
Principal environmental regulator for Wales. Combines functions of Environment Agency Wales, Countryside Council for Wales, and Forestry Commission Wales. Issues environmental permits, …
Connected legislation
17 statutory instruments
These instruments amend, apply, or refer to this Act. They may not all create direct business obligations.
Secondary legislation (17)
- The Designation of Features (Notices) (England) Regulations 2012 2012
- The Flood and Water Management Act 2010 (Commencement No. 10) Order 2024 2024
- The Flood and Water Management Act 2010 (Commencement No. 11) Order 2024 2024
- The Flood and Water Management Act 2010 (Commencement No. 1 and Transitional Provisions) (England) Order 2011 2011
- The Flood and Water Management Act 2010 (Commencement No. 1 and Transitional Provisions) (Wales) Order 2016 2016
- The Flood and Water Management Act 2010 (Commencement No. 2) Order 2011 2011
- The Flood and Water Management Act 2010 (Commencement No. 2, Transitional and Savings Provisions) (England) Order 2013 2013
- The Flood and Water Management Act 2010 (Commencement No. 2) (Wales) Order 2018 2018
- The Flood and Water Management Act 2010 (Commencement No. 3 and Transitional Provisions) Order 2011 2011
- The Flood and Water Management Act 2010 (Commencement No. 4 and Transitional Provisions) Order 2011 2011
- The Flood and Water Management Act 2010 (Commencement No. 5 and Transitional Provisions) Order 2011 2011
- The Flood and Water Management Act 2010 (Commencement No. 6 and Transitional Provisions) Order 2012 2012
- The Flood and Water Management Act 2010 (Commencement No. 7) Order 2012 2012
- The Flood and Water Management Act 2010 (Commencement No.8 and Transitional Provisions) Order 2012 2012
- The Flood and Water Management Act 2010 (Commencement No.9) Order 2014 2014
+ 2 more statutory instruments
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Regulators
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