Schedule 3 of the Flood and Water Management Act 2010 would make sustainable drainage systems (SUDS) a rule for new developments. These systems manage rainwater on site. They do not send it all to the public sewer. Published sources show that Schedule 3 has not been brought into force in England. The government has said it intends to act, but no firm date is clear.
Wales is different. Schedule 3 has applied there since January 2019. New developments need approval from the council’s SuDS approving body before building starts.
What applies in England today
In England, planning policy drives sustainable drainage. National policy expects SUDS on major new developments, and councils add drainage conditions to planning permissions. Without Schedule 3, there is no single approval body or national adoption scheme.
Because rules can change, check the current position on gov.uk or with your local council. Ask the developer which rules applied to your site.
If you are buying a new build soon, add drainage to your list of questions. Ask for the plans and any adoption papers. Keep copies, since they help you later if a fault appears.
What this means for new build buyers
Many recent developments include SUDS features, such as soakaways, permeable paving and ponds. The key question is who looks after them. The answer may be the council, the water company, a management company or the homeowners.
Ask at completion which drainage features exist and who owns each one. Ask what the upkeep duties and charges are. Get the answers in writing, since they can affect you for years.
Our advice for new build owners
Consider a camera survey of the drains soon after you move in. It can find builder’s debris or wrong connections. Under the Consumer Code for Home Builders, the builder is responsible for defects that appear in the first two years.
Report any fault in writing and keep the report. You can ask for a free quote on our site, and we will pass your details to a local drainage engineer.
