The UK is prone to periods of heavy rainfall, which is why it's key to have a good understanding of surface water drainage regulations. Inadequate systems can result in flooding of nearby roads and neighbouring properties, which could even lead to disputes and legal action.
While water runoff is a problem that mainly arises during the winter, the best time to prepare is actually in the summer, when surfaces are dry and drainage systems are more accessible.
Below, we explain the laws and regulations on surface water drainage and runoff, as well as how to avoid potentially finding yourself in court.
What is the law on surface water drainage for homes in the UK?
The law on surface water drainage in the UK primarily revolves around the Flood and Water Management Act 2010.
This legislation sets out the framework for sustainable surface water drainage, focusing on the prevention of flooding and the management of surface water runoff from homes and developments.
It states: "Construction work which has drainage implications may not be commenced unless a drainage system for the work has been approved by the approving body."
This applies to any kind of building work that might affect surface water drainage, including patios and driveways.
This legislation was introduced in response to significant flooding events, such as the widescale floods of 2007, which caused extensive damage to properties and infrastructure.
"Surface water drainage for a home must be dealt with properly so it does not cause flooding or nuisance to neighbours, the highway, or the public sewer," says Joe Pepper, Partner at Bridge McFarland.
"In practice, the rules come mainly from Building Regulations Part H, with a preference for Sustainable Drainage Systems (often referenced as “SuDS”), such as soakaways or permeable paving where possible," he continues. "If a SuDs system is not possible to achieve, then other options may be available, but may require consent from third parties which may be more challenging or costly to obtain."
Joe is partner at Bridge McFarland, one of the largest law firms in Lincolnshire. He supports all types of clients from single property deals all the way through to multimillion property developments from conception to conclusion.
Who is responsible for surface water drainage?
If you're wondering who is responsible for surface water drainage, Joe Pepper explains below:
- Homeowner/landowner: Private drains, gutters, gullies, soakaways and surface water systems serving only their property
- Water company: Shared or public sewers
- Local authority/lead local flood authority: Wider surface floods
- Environment agency/drainage authority: Discharge to certain rivers, streams or watercourses
This responsibility involves ensuring that effective drainage systems are in place to manage surface water runoff and prevent flooding.
This can be achieved easily, as SuDS technology can be incorporated inexpensively through a range of cost-effective options, such as installing one of the best water butts, a French drain, the best driveway materials and permeable paving.
Shop these budget-friendly drainage solutions
Voted as the best water butt in our buying guide, this rainsaver holds up to 100L and includes the stand and diverter.
This kit includes everything you need to install a durable French drain – from the lower and upper grilles to the bottom channel.
What is the law on surface water runoff?
If you don't address surface water runoff from your property, you could potentially find yourself being taken to court.
This could be due to failing to install adequate drainage measures during building work or poor maintenance. For example, not cleaning out your gutters and drains appropriately, resulting in water runoff that damages a neighbour's property.
However, "the key legal concept is that natural surface water is generally allowed to follow the natural contours of the land. Water flows downhill. The law broadly recognises this natural flow," explains John Wilson, Managing Director of Express Solutions Group.
"So, for example, rainwater flowing naturally across a sloping garden is very different from a new patio, driveway, or extension that channels water directly onto the property next door. It is also different from a blocked or poorly maintained drainage system that repeatedly overflows because reasonable maintenance has not been carried out."
"For homeowners and builders, the safest approach is to design surface water drainage so that runoff is managed within the site wherever possible."
John Wilson is Managing Director of Express Solutions Group, which he co-founded with Jamie Hill, and has more than thirty years’ experience in the drainage and infrastructure sector.
What is the right to drain water on neighbours' land?
"You should never assume you have the right to carry out drainage work, place equipment, discharge water, or access drains on a neighbour’s land without permission," says John Wilson.
It's always sensible to obtain written permission, or, if it is granted via a messaging app such as WhatsApp, ensure that you take a screenshot in case the messages are deleted. However, if this is not possible, you may need to explore alternative drainage solutions, such as SuDS, to manage water on your own land.
Neath Port Talbot Council highlights that there is a right to natural drainage, known as the common law right to drainage. It explains, "This means that water flowing naturally across the surface of the land is permitted to flow downhill naturally onto your neighbour’s land."
But any kind of interference would mean the flow is no longer considered "natural", as the council's advice continues. "You must not channel the flow of water in such a way as to cause damage to your neighbour’s land. So water falling as rain on your lawn is permitted to flow downhill onto your neighbour’s land but roof water coming from a down pipe is not," it states.
"Similarly, your neighbour on the uphill side has a right to let the water flowing naturally across his land to flow onto your land. You must not take any action to prevent such flows."
The one exception is when it comes to taking reasonable action to prevent your land being flooded. "One of the problems with modern urban areas is that construction of obstructions to natural flows such as walls and raised patios can cause neighbouring properties to flood," it adds.
Can I sue my neighbour for water runoff in the UK?
Yes, you may have the right to seek legal action against your neighbour if their surface water runoff is causing significant damage to your property.
It's generally advisable to first attempt to resolve the issue through communication and mediation, but legal action is an option if an agreement cannot be reached.
"The best advice is simply: Think about surface water early, design your drainage for it properly, maintain the systems before the weather tests it, and where necessary, seek professional drainage or legal advice early," concludes John Wilson.
For more expert-backed guidance, you may want to read our guide on how to fix the most common drainage problems and how to install mains drainage.
