Home Resources Legal Updates October 2018

The Sustainable Drainage (Wales) Regulations 2018

04 October 2018

There were 2 amendments to the Flood and Water Management Act 2010 that introduce new requirements and fees regarding sustainable drainage in Wales.

On 7th January 2019, Schedule 3 of the 2010 Act comes into force and will require all new developments of more than one house or where the construction area is 100m2 or more to have sustainable drainage to manage on-site surface water.

Developments may not be commenced unless a drainage system for the work has been approved by the Sustainable Drainage System Approving Body (SAB) delivered by the local authority.

Approval and Adoption Procedure

Such developments will be required to make an application and obtain approval from the Sustainable Drainage System (SuDS) Approving Body (SAB), alongside planning permission.

These Regulations set out procedures for the determination of applications by the SAB.  The SAB will have 7 weeks to determine applications other than those requiring an Environmental Impact Assessment, in which case it has 12 weeks.

Schedule 3 of the Act also places a duty on the SAB to adopt and maintain approved SuDS that serve more than one property as long as the conditions listed in Section 17 of schedule 3 are met.  

Application for Approval Fees

These Regulations allow an approving body to charge fees in relation to application for approval of a sustainable drainage system and sets out how these fees are determined.

For more information click here.