Flood risk: legislation and policy
Our flood risk and drainage pages are currently under development. This means we may be making further changes to the information on the pages below in the future.
There are many pieces of legislation and national and local policy documents that govern the roles, responsibilities and standards for the water, flood risk and drainage sectors. This page provides a summary of the relevant legislation and policy documents.
You can find a detailed breakdown of legislation and policy in section 2 of our 
Local Flood Risk Management Strategy 2022-2027 [4MB] .
For information regarding local reports relating to flood risk and drainage, see our flood investigation reports and core documents.
Whilst we make every effort to make sure our links are up to date, we are not responsible for the content on third party websites that may be moved or removed.
| Legislation | Type / context | Content / application |
|---|---|---|
| National Planning Policy Framework 2023 | Policy | The revised National Planning Policy Framework sets out the government's planning policies for England and how these are expected to be applied. It covers the core national requirements for flood risk and drainage matters, including the need to provide Flood Risk Assessments (FRAs) and Sustainable Drainage Systems (SuDS) for major development or development in areas at risk of flooding. |
| Thames river basin district river basin management plan 2022 | Policy | The Thames river basin district (RBD) river basin management plan describes the challenges that threaten the water environment and how these challenges can be managed. |
| Environment Act 2021 | Act of Parliament | The Environment Act sets out the formation of the Office for Environmental Protection to protect and improve the environment, by holding the government and other public authorities to account. It does not replace the Environment Agency. The Act imposed a requirement on government to publish a plan to reduce sewage discharges from storm overflows from water and sewerage companies. |
| National Flood and Coastal Erosion Risk Management Strategy for England 2020 | Policy | Key Policy document. The National Flood and Coastal Erosion Risk Management Strategy for England 2020 is an Environment Agency strategy that sets out a vision of a nation ready for, and resilient to, flooding and coastal change to the year 2100. It is required under the Flood and Water Management Act (FWMA) 2010. |
| Sustainable Drainage Systems (SuDS) Supplementary Planning Document (SPD) | Local Policy | The SPD provides guidance on the approach that should be taken to SuDS in new developments in West Berkshire, to manage and mitigate surface water flood risk. |
| The Reduction and Prevention of Agricultural Diffuse Pollution (England) Regulations 2018 | Statutory Instrument | The rules require good farming practice, so that farmers manage their land both to avoid water pollution and to benefit their business. Rules safeguard water quality by requiring farmers to judge when it is best to apply fertilisers, where to store manures and how to avoid pollution from soil erosion. |
| A Green Future: Our 25 Year Plan to Improve the Environment 2018 | Policy | 'A Green Future' sets out a 25 year plan for improving the environment. It includes sections on improving water quality and restoring waters to their natural state. |
| The Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 | Statutory Instrument | The Water Environment Regulations 2017 converted the EU Water Framework Directive into England and Wales law. The regulations provide a framework for managing the water environment in the UK, and require that a river basin management plan is prepared for river basin districts. It includes measures to monitor/assess water quality issues. |
| The Town and Country Planning (Development Management Procedure) (England) Order 2015 | Statutory Instrument | The Town and Country Planning Order lists statutory consultees for planning applications such as the Environment Agency, Lead Local Flood Authority and Highways Authority. |
| WBC Core Strategy Development Plan Document (DPD) 2012 | Local Policy | The Core Strategy is a development plan document which sets out West Berkshire Council's overall planning strategy to 2026. Policy CS16 governs local policies with respect to flooding and drainage requirements for planning applications. |
| Localism Act 2011 | Act of Parliament | The Localism Act requires Lead Local Flood Authorities (LLFAs) to establish processes to enable overview and scrutiny committees to review and scrutinise risk management authorities in their area. |
| The Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011 | Statutory Instrument | The Water Industry Regulations was an attempt to ensure that the ownership and responsibility for existing private sewers and lateral drains were transferred to sewerage companies in instances where they connected into the public sewer system. The regulation had many flaws. Many sewers were not adopted due to inadequate records of private drains. New developments did not have to adhere to these regulations so there is no way to prevent the same issues the regulations were brought in to combat from happening again. |
| The Conservation of Habitats and Species Regulations 2010 | Statutory Instrument | The Conservation of Habitats and Species Regulations will be a material consideration for any flood alleviation measures and/or watercourse maintenance activities, where it may be necessary to demonstrate the impact flood risk management measures may have on local habitats and their dependant species. |
| Flood and Water Management Act 2010 | Act of Parliament | The Flood and Water Management Act is a crucial piece of legislation for flood and water management. Many of the recommendations contained within the Pitt Review were implemented within the Flood and Water Management Act (2010). The Flood and Water Management Act established the formation of Lead Local Flood Authorities (LLFA's) and detailed the responsibilities of Risk Management Authorities in relation to flood risk. It covers the responsibilities, duties and powers of LLFA's. Schedule 3 of the act was not enacted in England. This would have given local authorities more powers over development with the formation of SuDS approval bodies. It may be enacted in the future. |
| Pitt Review 2008 | Report | The Pitt Review was a landmark review into the 2007 flood events. It explored flood management functions across the United Kingdom. The review detailed failings as well as recommendations to improve the sector. These were not all implemented due to the government's decision at the time to implement austerity measures and significantly cut public spending. |
| Civil Contingencies Act 2004 | Act of Parliament | The Civil Contingencies Act details the framework for civil protection in the UK and sets out the actions required for a flood event. |
| Making Space for Water 2004 | Policy Paper | The Making Space for Water policy paper sets out how the government will adopt a more holistic approach to managing flood and coastal erosion risk in England during the period of 2004 to 2024. It was largely superseded by the Pitt Review and subsequent legislation. |
| Water Resources Act 1991 | Act of Parliament | The Water Resources Act 1991 covers duties in relation to the protection of water resources and water quality. It also covers abstraction licences with the Water Act 2003 and 2014. It is particularly relevant to duties associated with the Environment Agency and water and sewerage companies. |
| Water Industry Act 1991 | Act of Parliament | The Water Industry Act sets out the main powers and duties of the water and sewerage companies as well as Ofwat. It covers the right to connect to sewerage systems, the need to provide adequate drainage and adoption of sewer systems. |
| Land Drainage Act 1991 | Act of Parliament | The Land Drainage Act sets out responsibilities, powers and duties associated with land drainage. It covers the need for landowners to ensure that flow is maintained within ordinary watercourses (ditches). It is particularly relevant to the lead local flood authority. |
| Water Act 1989 | Act of Parliament | The Water Act 1989 was provided for the privatisation of the former water authorities. Water industry regulation was subsequently enshrined in the Water Resources Act 1991 and Water Industry Act 1991. |
| Highways Act 1980 | Act of Parliament | The Highways Act outlines the duties for highways authorities and the need to ensure they remain free from obstruction. It includes highway drainage responsibilities in relation to flood risk and weather conditions. |
| Reservoirs Act 1975 | Act of Parliament | The Reservoirs Act covers reservoir safety requirements and reservoir flood risk. |
| Public Health Act 1936 | Act of Parliament | The Public Health Act 1936 defines and describes nuisances relevant to sewerage and drainage functions. See also the Environment Protection Act 1990. |
Share this page
