The Legal Situation on Protecting Homes from Flooding
The recent IPCC report on climate change did not make for pleasant reading. While we in the UK are fortunate enough not to be in immediate danger, we are still not safe from the consequences of global warming – projections by scientists already warn of increased rainfall and a subsequent increase of flood risk throughout the UK.
The debate about protecting homes from flooding continues; in 2007, a similar discussion arose following the independent Pitt review, which concluded that poor water management infrastructure was to blame for increased flooding risk. It will be decades before our impact on the environment can be reversed, if at all – therefore, it is more important than ever to know what you can legally do to keep your home safe.
Protecting homes from flooding – your responsibilities
Civil law states that individual property owners are responsible for protecting homes from flooding, meaning it is important to know what you legally can do to prevent both flooding and litigation being taken against you.
Legally, you are obliged to maintain any drains that are on your property. This includes privately owned drains and all forms of private sewage systems, including septic tanks or cesspools – if you share a privately owned sewage system with other property owners (which may be the case if you live in a block of flats), then all of you are responsible for their upkeep. You can look at your title deed to see if your sewers are private or publicly owned; the water company is responsible for maintaining public sewers.
If you have guttering shared between you and your neighbour, then check the title deed of your property to see who is responsible for their maintenance. Usually, you and your neighbour will be jointly responsible for their upkeep, and jointly liable for any damages resulting from neglect.
Water companies are responsible for any drains outside of the boundaries of an individual’s property. You should report any blocked drains off of your property to the local council to ensure your home stays protected.
If you live in a flood-prone area, common law dictates that you may take reasonable measures to protect your property from flooding on the condition that it does not impede others. This may include constructing flood defences on your property, such as embankments or flood walls. However, if you do so, you must maintain their upkeep – damaged or incorrectly-used flood defences can pose a greater risk of flooding, and you may be held liable if your flood defences are found to have caused or worsened the flood.
What you can do if you think your neighbour is posing a flood risk to your property
Common law dictates that a property owner is not only responsible for protecting their home from environmental risks, but also for ensuring they pose no risk to their neighbour’s property. It is illegal for your neighbour to intentionally channel water onto your property, and you will be able to take legal action to force them to stop. If they have already caused water damage to your property, you could make a claim for damages.
You cannot take legal action if rainwater is naturally draining from your neighbours property onto your property.
Our solicitors are experts in property law and can assist you with legal proceedings. Call us on 020 8840 6640 to see if you can make a claim.
Buying a flood safe home
Part of a conveyancing solicitor’s duties (when acting on behalf of a buyer) is to conduct the necessary land searches regarding the property, including drainage and water searches. If water is not drained from a property via a public drainage system, it is their responsibility to check where it drains alternatively and inform you of any upkeep you may need to perform.
If you are looking to buy a new home, Starck Uberoi’s team of fast conveyancing solicitors can help you make sure your home is protected against floods. Our team carry out extensive searches as part of our conveyancing services, including those relating to flood defences as well as the standard NHBC warranty, and will raise any enquiries you may not know are necessary.
How Starck Uberoi can help
Our property law experts can advise on how to keep your home safe while remaining on the right side of the law. We can assist you with legal proceedings should a neighbour pose a flood risk to your property, or provide reliable conveyancing when purchasing a new home so you can feel confident that you know everything you may need to know about your new purchase.
Let our solicitors help you keep your home safe. To find out more about our conveyancing services, visit the conveyancing page on our website. If you would like to book an appointment with a solicitor, please contact us at solicitor@starckuberoi.co.uk or call us on 020 8840 6640. Our offices are located in Brentford, Ealing, Canterbury and London Victoria, all of which are easily accessible via public transport. Our partner, Raminder Singh Uberoi, can also provide a Notary Public service at all of our offices.
Further Reading
- Share of Freehold Propterty Conveyancing
- Conveyancing For Limited Company Purchase
- House in Multiple Occupation (HMO) Conveyancing
