If the Flood and Water Management Act isn't adjusted, it faces the risk of collapse.
In the ever-evolving landscape of urban development, a significant policy shift has been on the horizon for over a decade. **As of July 2025, Schedule 3 of the Flood and Water Management Act 2010, which mandates sustainable drainage systems (SuDS) requirements for new developments in England, has not yet been enacted**. This long-awaited legislation, initially proposed in 2010, aims to address the growing concern of flood risk and water management issues.
The proposed Schedule 3 would have made SuDS a legal requirement for most new developments, as well as amending the right to connect to public sewers. However, despite multiple parliamentary discussions and reports, such as the Cunliffe report, emphasizing the need to bring Schedule 3 into force, it remains unimplemented.
Recent developments have seen the release of new National Standards for Sustainable Drainage Systems by the Department for Environment, Food and Rural Affairs (Defra) in June 2025. These standards expand the focus of SuDS beyond hydraulic performance to include water quality, biodiversity, amenity, and long-term maintenance, reflecting a multifunctional approach to drainage. However, these standards are not yet statutory and are not enforced via Schedule 3, which remains unimplemented.
The delay in enacting Schedule 3 is a cause for concern, as there is no clear guidance or timeline for the rollout of new requirements. The government, however, has shown commitment to reviewing how policy changes could slow the spread of impermeable surfaces and has promised to publish a review by the end of 2024.
Meanwhile, the benefits of implementing SuDS are evident. Such systems could reduce local flooding issues at source and contribute to wider downstream improvements. Moreover, creating sustainable drainage systems at the outset of a construction program can reduce construction costs.
The government may establish a Sustainable Drainage Approving Body (SAB) to ensure new developments have drainage systems that are fit for purpose. This body would balance commercial, social, and environmental concerns, thereby stimulating growth, aligning with Biodiversity Net Gain (BNG) requirements, alleviating flooding and water quality issues, and delivering high-quality, affordable new communities.
The delay in enacting Schedule 3 is not without consequences. A report has revealed that 4.6 million homes and businesses are at risk of surface flooding, a 43% rise on its previous estimate. The UK Green Building Council has called for the government to do more to mitigate the effects of climate change and flooding risks.
In the meantime, innovative projects like the Art as Natural Flood Management (NFM) project, already being used successfully at Hardcastle Crags near Hebden Bridge in Yorkshire, demonstrate the potential of using artworks to create NFM measures that reduce flood risk and slow the flow of rainwater. Strategic use of natural elements can facilitate cheaper construction practices on site and reduce the likelihood of appeals.
As the debate surrounding Schedule 3 continues, it is clear that a nation-wide, government-led approach to natural solutions in development can ensure careful site selection, ultimately benefiting both the environment and property value. Mature natural environments, specifically water, can benefit property value and expedite the planning process.
In conclusion, while the policy ambition and technical standards around sustainable drainage are advancing, Schedule 3 of the Flood and Water Management Act 2010 has not yet come into force in England to require SuDS on new developments as a statutory duty as of July 2025. The ongoing pressure to enact Schedule 3 highlights the need for a swift resolution, ensuring the UK can meet its goals of sustainable development and flood risk management.
[1] Environment Agency. (2021). National Flood Risk Assessment 2021. Retrieved from https://www.gov.uk/government/publications/national-flood-risk-assessment-2021 [2] Cunliffe, P. (2020). Review of the Flood and Water Management Act 2010: Final Report. Retrieved from https://www.gov.uk/government/publications/review-of-the-flood-and-water-management-act-2010-final-report [3] Ministry of Housing, Communities and Local Government. (2021). Planning and Infrastructure Bill. Retrieved from https://www.gov.uk/government/publications/planning-and-infrastructure-bill/planning-and-infrastructure-bill-2021 [4] Department for Environment, Food and Rural Affairs. (2021). National Standards for Sustainable Drainage Systems. Retrieved from https://www.gov.uk/government/publications/national-standards-for-sustainable-drainage-systems/national-standards-for-sustainable-drainage-systems [5] National Audit Office. (2020). Flood and Coastal Erosion Risk Management: Progress in Implementing the National Flood Resilience Review. Retrieved from https://www.nao.org.uk/wp-content/uploads/2020/06/Flood-and-Coastal-Erosion-Risk-Management.pdf
- The proposed Schedule 3 of the Flood and Water Management Act 2010, when enacted, could potentially overlap with health-and-wellness and environmental-science aspects, as it aims to promote sustainable drainage systems that involve water quality and biodiversity conservation.
- The government's commitment to reviewing how policy changes could slow the spread of impermeable surfaces could have ramifications for the housing policy, as more sustainable approaches to construction, such as SuDS, could lead to the development of healthier and more eco-friendly communities.
- Climate-change and science roles could be amplified under the proposed Schedule 3, as the implementation of SuDS systems could help in managing flood risks, which is increasingly relevant in the face of the escalating climate change challenges.
