Upcoming changes to Sustainable urban Drainage Systems (SuDS) legislation

The UK Government has announced the implementation of Schedule 3 of the Flood and Water Management Act 2010 which is expected to come into force in 2024. The Compliance People Consultant Katie Pritchard looks at this important change to Sustainable urban Drainage Systems (SuDS).

SuDS use nature-based approaches that are designed to mimic natural drainage and encourage infiltration of rainwater. This reduces the speed and quantity of water entering traditional drainage systems.

What are the key changes?

Once implemented, Schedule 3 will remove the automatic right for builders to connect new developments in England and Wales to the drainage system. This change means that builders will only be able to connect new developments to the drainage system if they have incorporated SuDS into their development design.

Implementation of Schedule 3 will:

• provide a framework for the approval and adoption of SuDS;
• establish national standards on the design, construction, maintenance and operation of SuDS; and
• establish a SuDS approval body.

Why is this change important?

This change follows substantial campaigning from leading experts and bodies such as the Chartered Institution of Water and Environmental Management, who argued that a more robust regulatory approach to SuDS will alleviate existing pressure on traditional drainage systems and reduce flash flooding.

Additional environmental benefits include:

• filtering of contaminated water;
• enhancement of biodiversity in urban areas; and
• recharging of water resources.

Upcoming consultation

Want to have your say on the implementation of Schedule 3 and what this means for developers? Keep an eye out for the upcoming consultation on SuDS.

To summarise:

• Schedule 3 of the Flood and Water Management Act 2010 will be implemented in 2024;
• the automatic right for builders to connect new developments in England and Wales to the drainage system will be removed; and
• implementation of Schedule 3 will provide a more robust regulatory framework to SuDS