Schedule 3 SUDS Requirements Now Enforced for New Developments

Schedule 3 of the Flood and Water Management Act 2010 came into full force in England in April 2024, after years of delay. The requirement means that all new developments requiring planning permission must now incorporate Sustainable Urban Drainage Systems (SUDS) that meet national standards, rather than simply connecting surface water directly to the public sewer.

What this means for new builds

For buyers purchasing new-build properties completed from April 2024, this has practical implications. Surface water from roofs and paved areas must now be managed on-site — through soakaways, permeable paving, attenuation ponds, rain gardens or a combination — before any residual flow enters the sewer network.

This reduces the risk of sewer flooding during heavy rainfall for existing properties, but it creates new maintenance responsibilities for new build owners and management companies.

Who is responsible for SUDS maintenance?

SUDS features approved under Schedule 3 are adopted by the local authority’s SuDS Approving Body (SAB). However, the adoption process can take time, and in the interim period after completion, it’s important for developers to clarify who maintains features like soakaways and permeable paving.

Buyers should ask specifically at completion: which SUDS features are adopted, when adoption will be complete, and what the maintenance obligations are in the interim period.

Our advice for new build owners

We recommend commissioning a post-completion CCTV survey of all drainage — including the connections to SUDS features — within the first 6 weeks of occupation. This identifies any construction debris or incorrect installations within the developer’s defects liability period, before responsibility passes to the homeowner.

Contact us to book a post-completion drainage survey for your new build property.