Q&As

A taller building has been built beside a shorter building. The surface water runoff from the higher building is causing flooding or maintenance problems for the shorter building. Are there are requirements that should have been taken into account when the taller building was built?

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Published on LexisPSL on 13/12/2019

The following Planning Q&A provides comprehensive and up to date legal information covering:

  • A taller building has been built beside a shorter building. The surface water runoff from the higher building is causing flooding or maintenance problems for the shorter building. Are there are requirements that should have been taken into account when the taller building was built?

Subject to exemptions, building work is required to be carried out in compliance with the applicable requirements in the Building Regulations 2010, SI 2010/2214, reg 4.

In addition, there is a further requirement to apply for approval under the building control regulations (Building Regulations 2010, SI 2010/2214, reg 12).

Building Regulations 2010, SI 2010/2214, Sch 1 sets out the requirements for various parts of the building work and government guidance is provided on those requirements by Approved Documents.

Building Regulations 2010, SI 2010/2214, Sch 1 requires, along with other requirements, adequate drainage of rainwater. Approved Document H contains guidance on constructing rainwater drainage. The actual requirement in H3 of Building Regulations 2010, SI 2010/2214, Sch 1 is that adequate provision is made for the drainage of rainwater from the roof of a building and states that rain water shall drain to, a in order of priority:

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