Schedule 3 of the Flood and Water Management Act 2010 would require new developments in England to incorporate Sustainable Urban Drainage Systems (SUDS) that meet national standards — managing surface water on-site rather than simply connecting it to the public sewer. The government announced in January 2023 that it intended to implement Schedule 3, with 2024 widely expected as the target. That deadline has come and gone: Schedule 3 has still not been commenced in England.
Wales is a different story. Schedule 3 has been in force there since January 2019, so new developments in Wales already need SUDS approval from the local authority’s SuDS Approving Body (SAB) before construction starts.
What applies in England today
In England, sustainable drainage is currently driven by planning policy rather than Schedule 3. National planning policy expects SUDS on major new developments unless demonstrably inappropriate, and local planning authorities attach drainage conditions to permissions. What’s missing without Schedule 3 is the standalone approval body, mandatory national standards, and a clear adoption-and-maintenance regime — which is exactly why the industry keeps pushing for commencement.
What this means for new build buyers
Many recent developments include SUDS features anyway — soakaways, permeable paving, attenuation ponds, rain gardens — either through planning conditions or the developer’s own design. Because there’s no Schedule 3 adoption regime in England, the crucial question for buyers is who maintains these features long-term: the local authority, the water company, a management company charging fees, or the homeowners themselves. The answer varies development by development.
Buyers should ask specifically at completion: which drainage features exist, who owns and maintains each of them, and what the maintenance obligations and charges are.
Our advice for new build owners
We recommend commissioning a post-completion CCTV survey of all drainage — including the connections to any 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.
