Flooding

Flooding

Flooding impacts on many areas of law. Content on flooding is broadly separated into the following areas:

•
flood risk and transactional issues
•
flood insurance and re-insurance
•
flood risk and development
•
flood management and drainage

The specific legal issues arising out of flood risk and damage are extensive and considerations for practitioners may include:

•
due diligence in corporate and property transactions, including flood searches
•
flood risk and insurance
•
flood risk arising out of new developments
•
liabilities and claims arising out of flood risk and damage
•
the bodies responsible for flood management and drainage
•
the role of environmental permitting

Definition and causes of flooding

Section 1 of the Flood and Water Management Act 2010 provides a statutory definition of flooding as follows—where land ‘which is not normally covered by water becomes covered by water’. This definition explicitly excludes flooding from burst sewerage or water mains.

There are four main sources of flooding:

•
rivers
•
coastal
•
surface water and
•
groundwater

For more information on sources of flooding, see Practice Note: Flooding—flood risk assessment.

Due diligence in transactions

Flooding

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

TAKE A FREE TRIAL

Latest Environment News

Prime Minister launches Global Clean Power Alliance at G20 summit

The Prime Minister has launched the Global Clean Power Alliance at the G20 Summit in Rio de Janeiro, Brazil, with 12 countries, including Brazil, Australia, Barbados, Canada, Chile, Colombia, France, Germany, Morocco, Norway, Tanzania, and the African Union, signing up to its inaugural mission. The US and the EU will also partner with the UK on this initiative. The Alliance aims to expedite the global clean energy transition by uniting developed and developing nations to meet COP28 commitments to triple renewable energy and double energy efficiency. It will have ‘Missions’ to address critical energy transition challenges, starting with a ‘Finance Mission’, co-chaired by Brazil, which seeks to unlock private finance for developing countries.

Commission publishes Q&A on importer requirements of EU Methane Regulation

The European Commission has issued guidance on importer requirements under Regulation 2024/1787/EU (the EU Methane Regulation). The Commission has clarified that there are no derogations for reporting goods from unspecified origins, and importers must provide all information set out in Annex IX. Failure to do so requires sound justification and an action plan. The guidance emphasises that importers are responsible for ensuring required information is passed down through the supply chain. Compliance can be demonstrated through OGMP 2.0 level 5 or third-party verification, with financial penalties applicable for breaches.

UKGBC launches second consultation on Climate Resilience Roadmap

The UK Green Building Council (UKGBC) has launched a second consultation on the Climate Resilience Roadmap, aimed at assisting the built environment in adapting to climate change. The consultation document outlines five key policy recommendations, including prioritising climate safety at a national level under the Prime Minister's leadership, reforming the planning system, and ensuring existing and new buildings are prepared for future climate hazards. The consultation also seeks feedback on updated proposals from the UKGBC’s July 2024 consultation, with the aim of refining the roadmap before its final publication. The final roadmap, scheduled for publication in March 2025, will comprise a policy recommendations report, technical guidance, and an interactive 'vulnerability to climate hazards' web map. The consultation closes on 6 January 2025.

European Commission seeks feedback on revised EPS ecodesign rules

The European Commission has opened a 4-week feedback period on draft regulations revising ecodesign requirements for external power supplies (EPS). The proposal aims to complement the Radio Equipment Directive on common chargers, extending the concept to products not previously covered. The Commission has introduced more stringent energy efficiency requirements and a distinct EU common charger logo. These changes are expected to improve interoperability, consumer convenience, and resource efficiency, while reducing consumer expenditure and environmental impact. The Commission is aiming to table a revised text for discussion in the first quarter of the following year.