Following today’s publication of the House of Commons Environmental Audit Committee Flood Resilience in England, the Institution of Civil Engineers is calling for the immediate implementation of Schedule 3 of the Flood and Water Management Act.

The leading institution for civil engineering in the UK says the immediate implementation of Schedule 3 of the Flood and Water Management Act is the ‘quickest’ thing the government can do to manage flood risk

The EAC’s report says that although Schedule 3 of the Flood and Water Management Act 2010 was intended to create a clearer and more consistent regime for sustainable drainage systems (SuDS), it has still not been commenced in England. Schedule 3, which would mandate Sustainable Drainage Systems in new developments, has still not been fully brought into force in England, despite the previous Government pledging to do so.

Appearing before the Committee, when questioned, Emma Hardy MP, the Minister for Water and Flooding, stated that the Government has not yet decided whether to bring Schedule 3 into force in England. She emphasised that the Government is exploring whether the same outcomes could be achieved through alternative means, and highlighted recent updates to national standards and planning policy to support SuDS delivery. The Minister indicated that the Government is considering alternative options to Schedule 3 to deliver SuDS more effectively.

While Schedule 3 sets a statutory framework for approval and adoption, it does not secure funding for construction or long-term maintenance, which currently falls on developers and local authorities. A number of witnesses warned the Committee that without clear statutory responsibility and guaranteed funding, SuDS implementation will remain inconsistent.

EAC - Schedule 3 in England should be implemented without further delay and SuDS made mandatory in all new developments

The EAC’s recommendation in the report says:

“Despite repeated pledges by successive governments, Schedule 3 of the Flood and Water Management Act 2010 has still not been brought into force in England, leaving Sustainable Drainage Systems (SuDS) optional in new developments and missing a critical opportunity to embed resilience from the outset. The Government should now commence Schedule 3 in England without further delay, making SuDS mandatory in all new developments.”

In response to the Environmental Audit Committee’s report on flood resilience in England, Sam Gould, director of policy and external affairs at the Institution of Civil Engineers said:

"Implementing Schedule 3 of the Flood and Water Management Act is the quickest thing that the government can do to help manage flood risk. It’s good to see that the Environmental Audit Committee has echoed the ICE’s call for this to happen.

"It’s also positive that the Committee understands the importance of locally led catchment-based planning and the need for long-term funding for flood resilience.

"The government should implement the EAC’s recommendation as soon as possible. Climate change is here, and flood risk is rising - too many people do not understand the risks of flooding to their lives, homes and businesses, so this is a matter that needs urgent action. The government’s ambition to build 1.5m homes only makes it more pressing."

"Nature based solutions and structural flood defences, prioritised with evidence-based needs and supported by clear leadership and long-term funding are what’s needed to address this problem.

"Increased capital investment for flood resilience and the greater focus on maintenance outlined in the 10 Year Infrastructure Strategy are steps in the right direction, but time is of the essence."

WaterBriefing is supporting the upcoming Floodex & National Drainage Show which takes place in London on 26 – 27 November 2025 in London. Now in its tenth year, Floodex will run alongside the National Civils Show, opening the event up to whole new audience of thousands of interested civil engineers, contractors, developers and planners, involved in construction, utilities, highways, railway and coastal defence professionals.

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