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Managing flood risk 3-107-4437.qxpThis practice note can be found at http://environment.practicallaw.com/3-107-4437
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FLOODING IN THE UK
Climate change and learning to live with floods
Floods have always been an issue in the UK but the problems
have been particularly severe since 2000. The floods in the
summer of 2007 were amongst the worst recorded, causing
widespread disruption and damage. The Association of British
Insurers (www.practicallaw.com/3-106-8832) (ABI) has put
the cost of the damage at £3 billion.
There were meteorological reasons for the 2007 floods:
• Summer 2007 was the wettest on record.
• The jet stream that sits out in the Atlantic was unusually
strong and southerly during the summer, causing much
more rain to fall over the UK than normal. 
• The intensity of the rainfall was exceptional (for example,
Worcestershire recorded 4.8 inches of rain on 20 July).
The Met Office and other climatologists have predicted, how-
ever, that climate change will mean an increase in extreme
weather events. Severe flooding is likely to be a phenomenon
that the UK will have to learn to live with.
Living with flood risk involves:
• Understanding the likelihood and nature of flooding (see
Assessing the risk of flooding below).
• Reducing the risk of flooding and mitigating the damage
caused by flooding (see Reducing the risks and conse-
quences of flooding below).
• Insuring against loss that cannot be avoided (see Insuring
against flood damage below).
Different types of flooding
There are several different causes of flooding. If combined, the
consequences may be particularly severe:
River (fluvial) flooding
Water overflows from river channels. 
River flooding is caused when the volume of rainfall is too great
to be absorbed by the ground or transported away by the river
network.
Surface water (pluvial) flooding
Surface water flooding occurs when natural and man-made
drainage systems do not have sufficient capacity to deal with
the volume of rainfall. 
In urban areas, where the ground surfaces are often imperme-
able, the situation is exacerbated. Sudden intense rainfall in-
creases the surface water on the land and tends to result in
flash floods. For more information, see Surface water flooding
below.
This practice note pulls together information on the various initiatives intended to help manage flood risk in England and Wales. 
It includes information on Planning Policy Statement 25, flood risk maps, building to be flood resistant and flood resilient and in-
formation on the Statement of Principles, issued by the Association of British Insurers, which provides guidance on when insurers
will continue to provide insurance cover for flood damage in relation to properties in areas at particular risk from flooding. 
The note also covers the Pitt Review, which is examining the issues arising from flood-related emergencies in the summer of 2007,
the Government's proposals to transpose into national law, the Floods Directive (2007/60/EC) and the draft Floods and Water Bill. 
Managing flood risk
Practice note
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Groundwater flooding
Groundwater flooding occurs when the level of the water under-
ground (the water table) rises and water emerges above the nat-
ural surface. This generally happens in low-lying areas, partic-
ularly where those areas sit above layers of permeable rock
such as chalk.
Coastal flooding
Coastal flooding occurs when the sea level rises above the level
of the coastal land. Tides, winds and air pressure have a signifi-
cant impact and the consequences can be devastating if
coastal defences fail. For more information, see Coastal flood-
ing below.
AN OVERVIEW OF THE VARIOUS ORGANISATIONS
MANAGING FLOOD RISK
There are several bodies involved in managing flood risk. Their
roles can be confusing. 
The Pitt Review: Lessons learned from the 2007 floods - Final
Report (www.practicallaw.com/5-382-2535) stated that there
is:
"a distinct lack of clarity around the responsibili-
ties of the relevant organisations, resulting in frus-
tration for the public and, emergency responders".
For more information on the Pitt review, see Pitt Review below.
There now follows a brief overview of the various organisations
involved in managing flood risk.
Department for Environment, Food and Rural Affairs
The Department for Environment, Food and Rural Affairs (De-
fra) has overall policy responsibility for flood and coastal erosion
risk in England. Defra funds most of the Environment Agency's
flood management activities in England and provides grant aid
on a project by project basis to the other flood and coastal de-
fence operating authorities, which are the local authorities (see
Local authorities below) and internal drainage boards (see Inter-
nal drainage boards below), to support their investment in proj-
ects to manage flood and coastal erosion risk. 
Defra does not build defences, nor direct the operating authori-
ties on which specific projects to undertake. The operating au-
thorities carry out the works programme to manage the risk.
Defra regards this arrangement as a partnership. However, it
tries to ensure that risk is managed effectively by the operating
authorities and provides guidance to help ensure that this is
the case. 
The Environment Agency
The Environment Agency (EA) is the body with primary respon-
sibility for assessment and management of all types of flood
risk in England and Wales. 
Coastal flooding
It used to be the case that coastal flooding and erosion was a
matter for the 92 relevant local authorities. 
In June 2007, Defra announced that the EA would take on a
strategic role and manage all sea flooding risks but, where ap-
propriate, would work with local authorities to deliver works
that would address coastal erosion and sea flooding. The EA as-
sumed the overview role for coastal flooding on 1 April 2008.
This involves:
• The production by the EA of new coastal maps to show
which organisation is responsible for each stretch of coast-
line. 
• The production of Shoreline Management Plans (SMPs) for
the whole of the English coastline, which plans will cover
periods of up to 100 years. Production of these plans will be
managed and funded by the EA. 
• Any flood and coastal erosion works that are required will be
identified from the SMPs and will be prioritised for imple-
mentation by the EA. 
• Local authorities will still be able to promote coastal erosion
works projects but any works will be carried out under the
EA's management. 
• All new coastal works planned by local authorities will have
to be approved by the EA, whether or not a financial grant is
sought. The EA will ensure that all works are consistent with
the objectives of Directive 2000/60/EC (www.practi-
callaw.com/4-201-8614) (Water Framework Directive).
• Defra is to allocate funding to the EA to manage the flood
and coastal erosion works programme. The work may be car-
ried out by the EA or by the relevant local authority, but man-
agement of the programme will be a matter for the EA.
The intention is to ensure that the spending on management
of flood and coastal erosion is properly considered and fairly
distributed.
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• The EA will put in place arrangements to ensure that flood
defence and coastal erosion works are properly managed
and maintained so that they last for their projected life span
and do not need to be replaced prematurely. 
• The role and membership of Regional Flood Defence Com-
mittees (www.practicallaw.com/3-380-1812) will be
widened to include coastal erosion. This will mean that the
EA's decisions and actions relating to coastal erosion will
come within the same governance framework as applies to
flood risk management. 
• The current group of local authorities with responsibility for
sea defence and coastal erosion will continue but the inten-
tion is that fewer, bigger and more strategic organisations
will be developed, with strong EA membership. 
In January 2007, Defra published its implementation plan,
Making Space for Water Environment Agency Strategic
Overview: Sea Flooding and Coastal Erosion - Implementation
plan (www.practicallaw.com/6-380-1764). This outlines how
Defra is to work with the EA, local authorities and coastal
groups (www.practicallaw.com/5-380-1811) to prioritise and
manage all work on the English coast to improve protection
from coastal flooding and erosion for people and property, both
locally and nationally. For details, see Legal update, Imple-
mentation plan published for Environment Agency to manage
all coastal flood and erosions risks (www.practicallaw.com/0-
380-2808).
Surface water flooding
Although the EA has a general supervisory role for all flooding,
it has no statutory role in relation to surface water flooding.
At present, responsibilities for managing surface water
drainage are split between the EA and water companies, local
authorities, the Highways Agency, internal drainage boards
and others involved in a more limited capacity, such as naviga-
tion authorities (see Navigation authorities below) and riparian
owners (see Riparian owners below).
Local authorities
Local authorities have powers to undertake flood defence
works under the Land Drainage Act 1991 on watercourses that
have not been designated as main watercourses and which are
not within internal drainage board areas.
Internal drainage boards 
Part I of the Land Drainage Act 1991 establishes internal
drainage districts. Each internal drainage district is the re-
sponsibility of an internal drainage board (www.practicallaw.
com/7-382-4265).
They have permissive powers to undertake works to secure
drainage and water level management of their districts. They
may also undertake flood defence works on ordinary water-
courses within their district. 
Much of their work involves the improvement and maintenance
of rivers, drainage channels and pumping stations. 
For more information, please refer to the Association of
drainage authorities' website (www.practicallaw.com/5-382-
4266).
Water service companies
The water companies in England and Wales are the owners and
guardians of the public drainage and sewer networks.
The Drainage and water website  (www.practicallaw.com/4-
106-6842) has details of the appropriate water service com-
pany for each area. 
Water service companies are not generally responsible for
rivers, watercourses, ponds, culverts or highway drains. They
are also not responsible for private drains and sewers.
Water and sewerage companies in England and Wales operate
under general and statutory duties, as set out in, amongst oth-
ers, the Water Industry Act 1991. 
These general duties are augmented by a range of require-
ments imposed by their licences. The combination of the statu-
tory duties and the licence requirements sets the broad outline
of water and sewerage companies’ functions. In terms of risk
from flooding, sewerage companies have a duty to ensure that
their areas are effectually drained. For more information, see
Drains below.
A risk of flooding can arise where a public sewer or drain be-
comes overloaded. Section 106 of the Water Industry Act
1991 allows water companies to refuse permission to connect
a private drain to a public sewer in certain circumstances.
However, the ability of a water service company to refuse a
connection because of a lack of capacity of the public sewer,
and the risk of flooding, is limited. For example, in Barratt
Homes Ltd v Dwr Cymru Cyfyngedig (Welsh Water) [2008]
EWCA Civ 1552, the Court of Appeal held that a water com-
pany was not entitled to prevent a sewer being overloaded by
refusing to allow a developer to connect at a particular loca-
tion. This may have implications for the ability of water com-
panies to control flooding, especially when new developments
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occur. For more information, see Legal update, Permission to
connect to sewers (Court of Appeal) (www.practicallaw.com/
9-384-8661).
Regional Flood Defence Committees
Regional Flood Defence Committees (RFDCs) (www.practi-
callaw.com/3-380-1812) support all of the EA’s flood defence
functions, particularly the drainage of land and the provision of
flood warning systems. 
The EA has various statutory powers that operate through the
RFDCs, including: 
• The maintenance and improvement of sea and tidal de-
fences and of watercourses designated as main rivers.
• The installation and operation of flood warning equipment.
• Advising riparian owners and internal drainage boards. 
RFDCs also provide significant input in their areas to the EA’s
flood defence policies, business plan and programme of work,
and monitor the EA’s performance against those plans. They
determine the local levy on council tax for flood risk manage-
ment work that does not meet the priority threshold of the EA’s
central government grant. 
Each committee has around 20 members, with the chair and
other members chosen by the Secretary of State for the Envi-
ronment, Food and Rural Affairs, two members chosen by the
EA (but who are not EA staff) and the majority of members cho-
sen by the constituent councils. RFDCs therefore provide a
strong link between the EA and local authorities to ensure that
local flood risk management issues are dealt with. 
Highways authorities
Highways authorities have a duty to maintain highways and
that includes keeping them properly drained (section 41,
Highways Act 1980). 
To enable them to carry out that duty, they have powers to lay
drains and to discharge water from those drains into inland or
tidal waters (section 100, Highways Act 1980).
Navigation authorities 
The Water Resources Act 1991 defines a navigation authority
as meaning: 
"any person who has a duty or power under any enact-
ment to work, maintain, conserve, improve or control any
canal or other inland navigation, navigable river, estuary,
harbour or dock" 
British Waterways is perhaps the most recognisable naviga-
tion authority. The website (www.practicallaw.com/1-382-
6229) of the Association of Inland Navigation Authorities is a
good starting point for information on other navigation author-
ities.
Core functions of navigation authorities that impact on flood-
ing include: 
• Dredging channels and keeping them free from obstruc-
tion. 
• Maintaining structures such as locks, weirs, bridges, tun-
nels, aqueducts, reservoirs and feeders. 
• Regulating the use of the waterway (via byelaws). 
• Protecting the waterway from harmful developments and
other proposals.
Riparian owners
A riparian owner describes anyone who owns a property where
there is a watercourse within or adjacent to the boundaries of
their property. 
Where a watercourse is situated across a boundary between ad-
joining properties, it is normally presumed that a riparian
owner owns the land up to the centre-line of the watercourse,
unless records exist to prove otherwise. 
Under common law, a riparian owner possesses rights and re-
sponsibilities appertaining to the stretch of watercourse that
falls within the boundaries of their property. 
Riparian owners are normally responsible in full or part for wa-
tercourses or culverted watercourses passing through or ad-
joining the boundaries of their land. 
Their primary responsibility is to keep these clear of any ob-
structions which would impede the normal water flow. 
The EA has published useful guidance, "Living on the edge"
(www.practicallaw.com/7-379-8252), for owners of land or
property alongside a river or other watercourse. The guidance
explains, amongst other things, the rights and responsibilities
of a riparian owner.
If a riparian owner fails to carry out its responsibilities, this
could result in possible civil action from others.
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The Met Office
In the United Kingdom, the Met Office (www.practicallaw.com/
5-382-5280) is responsible for issuing weather warnings.
Weather prediction forms a crucial part of flood risk manage-
ment. Accurate forecasting of severe weather conditions days
in advance assists other bodies in identifying possible coastal,
river and surface water flooding. Advance notification of severe
weather events tends to result in less damage to properties and
infrastructure.
PITT REVIEW
In August 2007, the Government asked Sir Michael Pitt
(www.practicallaw.com/7-380-1693) to carry out a review of
the 2007 flood-related emergencies. The Interim Report
(www.practicallaw.com/3-380-1628) was published in De-
cember 2007, identifying urgent recommendations and a
large number of interim conclusions. 
On 17 December 2007, the Secretary of State for the Environ-
ment, on behalf of the Government, accepted the urgent rec-
ommendations in the interim report, and pledged to work with
all relevant organisations to implement them (see Defra news
release, Benn welcomes Pitt report on summer floods, 17 De-
cember 2007 (www.practicallaw.com/0-380-0611)). 
Views were sought on the findings of the interim report during a
consultation exercise lasting three months (see Legal update,
Pitt Review : interim report recommendations accepted
(www.practicallaw.com/4-380-1637)).
The Pitt Review: Lessons learned from the 2007 floods - Final
Report (www.practicallaw.com/5-382-2535) (the Pitt Final
Report) was published on 25 June 2008. For more informa-
tion, see Legal update, Overview of the final report of the Pitt
review (www.practicallaw.com/9-382-2760).
ASSESSING THE RISK OF FLOODING
There are various tools that are used in assessing the flood risk.
Flood risk maps
What are they?
Flood risk maps are used to indicate which areas are at risk
from flooding.
To produce a flood risk map, information about the height of
land is combined with data on river flows or sea levels and
waves. The flood risk map shows areas that are most likely to
flood and models can be produced from the data to show where
flooding is likely to occur and how quickly given a particular
volume and intensity of rainfall in a given area and given partic-
ular levels of river, tide or waves.
Environment Agency flood risk maps
In October 2004, the EA published flood maps to provide
homeowners and businesses with information to assess flood
risk. The maps are searchable by postcode and the user can
identify the flood risk assessment for that area. For details,
see:
• Tool for searching the flood map (www.practicallaw.com/6-
106-8699).
• How to use the flood map (www.practicallaw.com/2-106-
8700).
A new database, HiFlows-UK (www.practicallaw.com/6-201-
1372), was launched in August 2005 by the EA, the Scottish
Environment Protection Agency and the Rivers Agency (North-
ern Ireland). It provides more accurate and reliable information
about flood risk for river catchments across the UK.
Limitations on current maps and Pitt Review final conclusions
There are a number of limitations on the current flood risk
maps, which means that the information that they provide can-
not be complete or accurate:
• Many of the maps and models are based on historic records
of flows or levels.
• There are no flood risk maps for surface water flooding.
The Pitt Review Final Report (www.practicallaw.com/5-382-
2535) reached the following conclusions:
• The EA should further develop its tools and techniques for
predicting and modelling river flooding, especially to take
account of extreme and multiple events, and take forward
work to develop similar tools and techniques to model sur-
face water flooding.
• The EA should revise its flood maps to identify areas where
there is a risk of significant depths and velocity of water, to
improve the effectiveness of emergency planning.
• The EA should develop and bring into use flood visualisation
tools to help flood risk managers, emergency planners and
responders understand flooding in "real-time" in a way that
relates to the area affected.
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EC Floods Directive
EC Directive 2007/60/EC (www.practicallaw.com/5-379-
7692) on the assessment and management of flood risks
(Floods Directive) came into force on 26 November 2007 and
member states have until 26 November 2009 to transpose it
into national law (see Legal update, New EU Floods Directive
(www.practicallaw.com/3-379-7711)). 
The Floods Directive applies to all types of floods, such as river,
flash flood, urban flood and coastal floods. Its purpose is to es-
tablish a framework for the assessment and management of
flood risks. It aims to reduce the consequences to human
health, the environment, cultural heritage and economic activ-
ity caused by floods. 
The Floods Directive sets out a three stage process:
1. Preliminary flood risk assessments (Article 4), which must
be carried out by 22 December 2011.
Member states must carry out a preliminary flood risk as-
sessment for each of their river basin districts. This will be
based on available information including records of past
floods and long term studies into the impacts of climate
change on the occurrence of floods. 
The preliminary assessment will assess the potential risks of
future floods on human health, the environment, cultural
heritage and economic activity.
The preliminary assessment must be reviewed by 22 De-
cember 2018 and then every six years, taking into account
the likely impact of climate change. 
The EA is consulting on what it believes to be the most signifi-
cant issues that face each river basin district in England and
Wales. The aim of the consultation is to identify the main is-
sues that need to be addressed in the River Basin Management
Plans (see Legal update, Consultation on significant water
management issues (www.practicallaw.com/6-375-9147)).
2. Flood hazard maps and flood risk maps (Articles 5 and 6),
which must be completed by 22 December 2013.
Member states must identify, from the preliminary flood risk
assessments, where significant flood risks are likely to oc-
cur. Flood hazard maps and flood risk maps must be drawn
up for these areas. 
The flood hazard maps will show areas with a low, medium and
high probability of flooding with the likely flood extent, water
depth and flow velocity. They will also show the potential ad-
verse consequences associated with each of these scenarios,
including the number of inhabitants and the type of economic
activity potentially affected and sources of possible pollution. 
The flood hazard maps and flood risk maps must be re-
viewed by 22 December 2019 and then every six years, tak-
ing into account the likely impact of climate change. 
3. Flood risk management plans (Article 7), which must be
completed by 22 December 2015.
On the basis of the flood hazard maps and flood risk maps,
member states must establish flood risk management
plans. These will focus on reducing the potential adverse
consequences of flooding on human health, the environ-
ment, cultural heritage and economic activity and on reduc-
ing the likelihood of flooding. 
The plans must take into account all relevant matters such
as natural floodplains, soil and water management, spatial
planning (www.practicallaw.com/5-380-1774), land use
and nature conservation. They will cover management is-
sues such as flood prevention, protection and preparedness
and may promote sustainable land use and improvement of
water retention. 
Flood risk management plans must be reviewed by 22 De-
cember 2021 and then every 6 years, taking into account
the likely impact of climate change. 
The preliminary flood risk assessments, flood hazard maps,
flood risk maps and flood risk management plans are all to be
made available to the public (Article 10). 
The UK Government is proposing to hold a full public consulta-
tion in February 2009 on the transposition of the Floods Direc-
tive into national law, with a view to bring legislation into force
in September 2009 (see Defra: EU Floods Directive (www.
practicallaw.com/1-380-0795)).
REDUCING THE RISKS AND CONSEQUENCES OF
FLOODING
PPS 25
Planning Policy Statement 25: Development and Flood Risk
(www.practicallaw.com/6-207-4029) (PPS 25).
PPS 25 states that the key objectives are: 
• To ensure that flood risk is properly taken into account at all
stages in the planning process by local planning authorities
(LPAs). 
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• To avoid inappropriate development in areas at risk of flood-
ing. 
• To direct development away from areas at highest risk. 
• Where, in exceptional circumstances, development is nec-
essary, it should be safe. It should not increase flood risk
elsewhere and where possible, it should reduce the overall
flood risk
PPS 25 requires Regional Planning Bodies (RPBs) and LPAs to: 
• Identify land at risk from flooding and prepare regional flood
risk appraisals or strategic flood risk assessments. 
• Have policies for locating development away from the risk of
flooding where possible and manage any residual risk, tak-
ing account of climate change. 
• Only permit development in flood risk areas where there are
no other sites reasonably available and when the benefits of
development outweigh the flood risks. 
• Safeguard land from development that is needed for flood
management. 
• Reduce flood risk to new development by using sustainable
drainage systems. 
• Take opportunities offered by new development to reduce
the causes and impact of flooding (for example, by re-creat-
ing floodplains). 
• Work effectively with the EA and others involved. 
• Ensure spatial planning (www.practicallaw.com/5-380-
1774) supports flood risk management. 
The policies set out in PPS 25 include the following: 
• If flood risk is expected to increase due to climate change,
making a development unsustainable in the long term, the
LPA should, when preparing its local development docu-
ments, consider if the development could be relocated else-
where. 
• When determining planning applications, LPAs must take
account of the policies in PPS 25 as material considerations
and ensure that planning applications are supported by site-
specific flood risk assessments. 
• LPAs must ensure that all new development in flood risk ar-
eas is flood resilient and resistant (that is, capable of pre-
venting flood water entering into the development or con-
structed and designed in a way that allows for flooding to
take place but minimises the consequences). 
• A risk-based approach must be taken at all planning levels
to avoid adding to the causes of flood risk, to manage flood
"pathways" and to reduce the consequences of flooding. 
• Flood risk assessments should be carried out at all levels of
the planning process, taking climate change into account. A
sequential test, which is set out in PPS 25, should be ap-
plied when deciding if land is suitable for development in
flood risk areas, to ensure that there are no reasonably suit-
able sites with a lower flood risk. 
In areas at risk of river or sea flooding, preference should be
given to land in Flood Zone 1 (at low probability of flooding),
then Flood Zone 2 (medium risk) and Zone 3 (high risk or
functional floodplain). A sequential approach should also
be taken within the Zones. 
For details of the various Zones, see Annex D to PPS 25.
• If it is not possible to locate a development in an area at
lower risk, the exception test (as set out in PPS 25) can be
applied. This provides a method of managing flood risk
while still allowing development to proceed. The exception
test may only be used in limited circumstances. 
The Pitt Review Final Report (www.practicallaw.com/5-382-
2535) supports the rigorous application of PPS 25 and ex-
presses concern that the exception test should not be seen as a
"get-out" clause for LPAs. No decision to allow development in
a flood risk area should be taken lightly, particularly as
prospective purchasers will generally assume that the grant of
any planning permission signifies that the local authority does
not perceive there to be a flood risk problem.
PPS 25 should be read in conjunction with Circular 04/06
(Communities and Local Government): The Town and Country
Planning (Flooding)(England) Direction 2007 (www.practi-
callaw.com/2-207-4026), which explains the new require-
ments for LPAs to notify the Secretary of State of any applica-
tion for major development in a flood risk area, where they are
minded to grant permission against the EA's advice. The Secre-
tary of State will check whether the application complies with
planning policy and may ultimately exercise the power to deter-
mine the application.
Impermeable surfaces
The 2007 summer floods were made particular bad by surface
water flooding. Surface water flooding arises where water can-
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not drain away quickly enough. In urban areas, where a large
proportion of the ground is covered by impermeable surfaces
(for example, tarmac and concrete), rainwater cannot readily
sink into the ground.
The The Pitt Review Final Report (www.practicallaw.com/5-
382-2535) recommended that:
• Householders and business owners should no longer be per-
mitted to lay impermeable surfaces as of right. At present,
the Town and Country Planning (General Development) Or-
der 1995 allows certain works involving the paving of gar-
dens and the erection of garden sheds, to be carried out
without the need for an application for planning permission. 
• Developers should not have the automatic right that they
currently have to connect new developments to public sew-
ers once planning permission has been granted (section
106, Water Industry Act 1991). 
Defra is currently considering whether this right should be
removed so that developers will be forced to consider the
impact of their proposed developments on the sewerage and
drainage networks and make greater use of sustainable ur-
ban drainage systems (SUDS) (www.practicallaw.com/7-
382-2940). For more information, see Legal update, Future
Water: launch of new water strategy for England: Review of
the right to connect to public sewers (www.practicallaw.
com/9-380-8434). 
Drains
Ensuring that drains are adequate and are properly maintained
is important for addressing surface water flooding.
The Water Service Companies are required by the Office of Wa-
ter Services (OFWAT) (www.practicallaw.com/4-106-3443) to
maintain a register of all properties that are at risk of experienc-
ing internal flooding from public foul, combined or surface wa-
ter sewers due to overloading of the sewerage system. Records
are also kept of actual incidents of internal flooding. For de-
tails, see Practice note, Searches: Water and drainage en-
quiries (www.practicallaw.com/6-107-4389).
Flood resilient construction
In May 2007, the Government issued a guide describing how to
design and construct buildings to minimise flood damage: Im-
proving the flood performance of new buildings: Flood resilient
construction (www.practicallaw.com/1-356-4963). This in-
cludes, for example, guidance on constructing buildings that
are designed to allow a basement area to flood to a certain
depth. The materials used and the structural design would al-
low for flooding and any subsequent clean-up. The floodable
basement would be useable space but in the event of a flood
could be emptied of valuables.
The Pitt Review Final Report (www.practicallaw.com/5-382-
2535) recommended that the Government should incorporate
requirements into the Building Regulations that new proper-
ties in flood risk areas use flood resistant materials and de-
signs. Local authorities should be encouraged to extend eligi-
bility for home improvement grants and loans to include flood
resistance and resilience products in areas of high flood risk.
This would only address the design and construction of new
building stock, which of itself is significant given that some
three million new homes are to be built by 2020. 
However, the Pitt Review also concludes that when existing
properties are refurbished, there should be a requirement to
use flood resistant materials and designs in the refurbishment
of properties in flood risk areas. If there were a legal require-
ment for this, it would overcome the problem that when an in-
surance claim is made, the amount claimed is generally based
on a reinstatement of the property as it was, and does not allow
for any additional cost to improve the building (betterment).
In July 2008, Defra launched a consultation on policy options
for encouraging householders in England to carry out works
that would help to protect existing properties from flooding. For
more information, see Legal update, Defra launches consulta-
tions on flood risk and coastal erosion (www.practicallaw.com/
8-382-7621).
Flood defences
In the summer 2007 floods, use was made of demountable and
temporary flood protection barriers. The Pitt Review Final Re-
port (www.practicallaw.com/5-382-2535) recommended that
temporary and demountable flood defences are not an ade-
quate alternative to permanent defences (drainage ditches,
floodable areas and permanent barriers), and called for the EA
to develop and implement a clear policy on the use of tempo-
rary and demountable flood defences. 
The Pitt Review also includes the suggestions that:
• Developers should make a full contribution to the costs of
building and maintaining any necessary flood defences.
• Defra, the EA and Natural England should work together to
establish a programme to work with natural processes to re-
duce the need for extensive and expensive "hard" flood de-
fences. For example, creating washlands and wetlands al-
lows for flooding in areas that are designed to cope with
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flooding, and can prevent farmland, residential and busi-
ness land from being flooded. 
Surface water management plans
A surface water management plan (SWMP) is a framework
through which those with responsibility for surface water and
drainage in their area work together to:
• Understand the causes of surface water flooding.
• Agree the most cost effective way of managing surface water
flood risk.
The Pitt Review recommended that SWMPs, as set out under
PPS 25 and co-ordinated by local authorities, should provide
the basis for managing local flood risk.
In March 2009, Defra published Surface Water Management
Plan Technical Guidance (www.practicallaw.com/1-385-
2416) in draft form. This provides information on how to pro-
duce a SWMP and is primarily aimed at local authorities and
other organisations involved in producing a SWMP. For more
information, see Legal update, Draft guidance published on
surface water management plans (www.practicallaw.com/2-
385-2425).
INSURING AGAINST FLOOD DAMAGE
Insurance against flood damage is not always available. If it is
available, the premiums may be high to reflect high flooding
risk.
Following the severe floods of autumn 2000, the Association of
British Insurers (www.practicallaw.com/3-106-8832) (ABI)
agreed with the Government that insurance cover would con-
tinue to be provided for existing domestic and small business
policyholders, except in exceptional circumstances. That
agreement, which was always intended to be a temporary
arrangement, ended on 31 December 2002. 
Following the work done by the Government on flood manage-
ment policies since autumn 2000, a longer term approach was
adopted by the insurance industry and the ABI issued a State-
ment of Principles (www.practicallaw.com/0-201-6358) on
flood insurance, which was revised in November 2005, taking
effect from 1 January 2006 (see Legal update, ABI has ex-
tended its commitment on flood risk insurance (www.practi-
callaw.com/0-201-6363)).
The Statement of Principles applies only to England although
similar discussions are at an advanced stage of agreement with
the devolved Welsh Government. 
It was always intended that the ABI Statement of Principles:
• Would be subject to review if there were any "significant ex-
ternal shocks", which would include the withdrawal of rein-
surance for flood risk. 
• Would be dependent on specific Government action, in-
cluding: 
"Reducing the annual probability of flooding each
year for a substantial number of properties in the
UK, a proportion of which currently have a signifi-
cant chance of flooding greater than the 1.3 an-
nual probability. 
At least maintaining investment in flood manage-
ment each year, so that outputs can be sustained in
real terms, with a commitment to evidence-based
discussions on future funding needs, taking account
of climate change and other factors affecting risk."
In February 2008, the Government issued a joint statement with
the ABI, confirming that the Statement of Principles was to be
reviewed, the review being prompted by the severe flooding in
2007 and the likelihood of more frequent and extensive flooding
as a result of climate change (see Legal update, Review of 
ABI Statement of Principles announced (http://environment.
practicallaw.com/2-380-8456). The revised Statement of Prin-
ciples  (www.practicallaw.com/1-382-6210) has now been pub-
lished and applies, with effect from, 1 August 2008 (see 
Legal update, ABI Revised Statement of Principles published
(http://environment.practicallaw.com/1-382-6210)).
ABI Statement of Principles
The Statement of Principles agreed between the ABI and its
members has five objectives: 
• To provide full access to a competitive market for insurance
for the vast majority of homeowners and businesses. 
• To provide improved security for those who live and work in
areas at high risk of flooding. 
• To make new insurance provision for those who wish to sell
their homes or businesses. 
• To make better use of new solutions to make properties in-
surable, even in high-risk areas where improvements to
flood defences are not planned. 
• To provide a clear incentive for Government and local au-
thorities to continue to invest in flood defences. 
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The revised Statement of Principles continues to apply to do-
mestic and small business policy holders. It provides that flood
cover will be available as a standard feature of household and
small business policies for the following: 
• Those properties that are defended to the set "minimum in-
dicative standard" (see Minimum indicative standards be-
low). 
• To existing customers whose properties are not currently de-
fended to the set "minimum indicative standard" providing
the EA has announced plans and notified the ABI of its in-
tention to reduce the risk to those customers to below the
minimum indicative standard within five years. 
Note that the Statement of Principles does not address:
• Public sector or larger business premises. Owners of public
sector or larger business premises have to negotiate insur-
ance with insurance companies and are more likely to face
significantly increased premiums or a refusal to insure if the
property is in a high flood risk area.
• New properties built after 1 January 2009. In January
2009, the ABI issued guidance (www.practicallaw.com/6-
384-8714) to help developers ensure that their properties
are as flood-proof as possible and insurable (see Legal up-
date, Guidance on insurance issues for new developments
(www.practicallaw.com/3-384-8763)).
Minimum indicative standards
The Statement of Principles makes reference to "minimum in-
dicative standards", which are levels of flooding risk and vary
according to land use and location. 
The minimum indicative standards for flood and coastal de-
fence in England and Wales provide an aid to authorities to
identify what options should be considered. They are set out in
tables at paragraph 6.1 of Defra's Flood and coastal defence:
Project appraisal guidance 3: Economic appraisal (see Flood
risk - DEFRA minimum indicative standards (www.practi-
callaw.com/6-106-5653)). 
For urban areas, the minimum indicative standard is a flood
risk of 1.3% annual probability, which equates with a risk of
not more than one flood in 75 years.
Flood risk areas with flood defences that protect to minimum
indicative standard
Where flood risk is not greater than the minimum indicative
standard (1.3% annual probability), the Statement of Princi-
ples provides that flood insurance will be offered as a standard
feature of household and small business policies. 
Where properties are subject to a flood risk that is greater than
the minimum indicative standard, the level of insurance avail-
able will vary considerably and premiums will reflect the differ-
ent degrees of risk. 
Highly populated coastal areas should be protected to a higher
standard because of the potential consequences should a flood
occur.
Higher risk areas where flood defence work is planned
In areas of significant flood risk, where the current flood de-
fences do not protect to the minimum indicative standard
(1.3% annual probability), flood insurance may still be offered
if there are improved flood defences planned, which will bring
the protection up to the minimum indicative standard. 
With effect from 1 August 2008, flood cover will only be of-
fered to existing customers at significant flood risk providing
the EA has announced plans and notified the ABI of its inten-
tion to reduce the risk to those customers to below the mini-
mum indicative standard within five years.
The premiums charged and other policy terms (including the
excess) will reflect the particular risk:
• If a domestic property in this category is sold, the current in-
surer will continue to provide cover, subject to satisfactory
information about the new owners of the property, especially
their previous claims record. This means that on a purchase
of a domestic property in this category, the buyer will need
details of the seller's insurance.
• If a small business property in this category is sold, the cur-
rent insurer will consider whether to continue to insure. This
will depend heavily on the proposed new use of the premises
and the previous claims record of the new owner. 
The long-term solution
For flood insurance to be widely available in the long-term, the
ABI and Government have agreed that the conditions should be in
place to enable the insurance market to be able to provide insur-
ance to the vast majority of households and small businesses from
1 July 2013 without reference to the Statement of Principles. 
The ABI and the Government recognise that the Statement of
Principles may: 
• Distort the insurance market. 
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• Hinder the development of specialist flood insurance for
properties situated in areas that are classed as being at sig-
nificant risk from flooding. 
• Discourage the adoption of cost-effective flood resilience
measures for individual properties. 
Consequently, the ABI and the Government have agreed to
work together to ensure that flood insurance remains widely
available for homes and small businesses. In July 2008, they
issued a joint statement (www.practicallaw.com/5-382-5812)
in which they outlined the actions that they will take over the
long term. These include, among other things: 
• Improving their understanding of flood risk. 
• Putting in place a long-term strategy to reduce flood risk. 
• Ensuring that the planning system prevents inappropriate
development in flood risk areas, but in cases where develop-
ment in high flood-risk areas is essential then it should be
flood resistant and/or resilient. 
• Improving awareness in areas where the risk of flooding is
significant. 
• Making insurance for low-income families more avail-
able. 
The ABI and the Government believe that if they implement
these steps, it should lead to a competitive insurance market
for homes and small businesses without the need for the
Statement of Principles, which will therefore end on 30 June
2013. 
THE FLOODS AND WATER BILL 
In May 2008, the Government indicated that it planned to pub-
lish a Floods and Water Bill in draft for pre-legislative consulta-
tion in the 2008-2009 Parliamentary session (see Legal up-
date, Government announces draft legislative programme
2008/09: Floods and Water Bill (www.practicallaw.com/4-
381-7596). Defra is aiming to consult on this bill in spring
2009. (See Defra: Draft Floods and Water Bill (www.practi-
callaw.com/0-382-2496)).
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