Flood and Water Management Act 2010

Requirement for approval E+W

7 (1) Construction work which has drainage implications may not be commenced unless a drainage system for the work has been approved by the approving body. E+W

(2) For the purposes of sub-paragraph (1)—

(a) construction work means anything done by way of, in connection with or in preparation for the creation of a building or other structure, and

(b) construction work has drainage implications if the building or structure will affect the ability of land to absorb rainwater.

(3) Sub-paragraph (1) does not apply to work requiring development consent under section 31 of the Planning Act 2008 (nationally significant infrastructure projects).

(4) The Minister may by order—

(a) provide that a specified class of work is to be or not to be treated as construction work;

(b) provide for work to be or not to be treated as having drainage implications in specified circumstances;

(c) provide exceptions to sub-paragraph (1).

(5) For the avoidance of doubt, anything that covers land (such as a patio or other surface) is a structure for the purposes of sub-paragraph (2)(a).

Modifications etc. (not altering text)

C1 Sch. 3 para. 7 excluded (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1), Sch. 21 para. 6

C2 Sch. 3 para. 7 excluded (25.2.2020) by The Network Rail (East West Rail) (Bicester to Bedford Improvements) Order 2020 (S.I. 2020/114), arts. 1, 5(1)(d) (with art. 37(2))

Commencement Information

I1 Sch. 3 para. 7 in force at 2.5.2018 for specified purposes for W. by S.I. 2018/557, art. 2(b)

I2 Sch. 3 para. 7 in force at 7.1.2019 for W. in so far as not already in force by S.I. 2018/557, art. 3(b)