Flooding issues in property transactions—Scotland
Produced in partnership with Jamie Whittle of R & R Urquhart LLP
Flooding issues in property transactions—Scotland

The following Property guidance note Produced in partnership with Jamie Whittle of R & R Urquhart LLP provides comprehensive and up to date legal information covering:

  • Flooding issues in property transactions—Scotland
  • Brexit impact
  • Legislation and Policy
  • Flood risk management
  • Development and flooding
  • Due diligence and site assessments
  • Common law in Scotland on flooding
  • Controlled activity licences
  • Mitigation

This Practice Note considers the law and policy surrounding flooding in Scotland:

  1. providing an overview of legislation and policy and the Flood Risk Management (Scotland) Act 2009 (FRM(S)A 2009)

  2. explaining flood risk management and the roles of different statutory bodies

  3. highlighting guidance for developers on flooding where flood impacts need to be assessed as part of due diligence

  4. covering potential mitigation strategies for flooding, and mitigation

  5. discussing controlled activity licences

Flooding can cause devastating impacts to individuals and businesses. The Scottish government has acknowledged the increasing risks and effects of flooding in Scotland as a result of climate change, and has developed national policy and devolved legislation to deal with the effects of increased flood risk in Scotland. The legislation and policy adopt catchment-scale and precautionary approaches to managing flood risk and recognise the importance for flood management to control new developments potentially at risk of flooding or which might otherwise increase flood risk. The Scottish government together with other public bodies have worked to provide legislative and practical tools to assist developers and the wider public to identify and mitigate risks of flooding, and ensure that developers act responsibly in their approach to flooding. Policy also aims to build the resilience to flooding in Scotland’s cities and towns, encourage sustainable land management in rural areas, and to address the