Land drainage typically refers to the drainage of surface water through land. A watercourse includes all rivers, streams, drains, ditches, cuts, culverts, dikes, sluices, sewers (other than public sewers) and passages, through which water flows (as defined under the Land Drainage Act 1991).
Land drainage is a complex area of responsibility, but in short a landowner is responsible for the drainage of their land. By law a person owning lower-level land has to accept natural land drainage water (that is, spring-water, groundwater or surface water run-off) from adjacent land at a higher level. This doesn’t apply where the owner of the adjacent land has carried out ‘alterations’ such that the run-off from the land isn’t ‘natural’ – for example, if the entire back garden has been paved over. ‘Natural’ runoff does not include water from gutter down-pipes.
Responsibility for land drainage and the maintenance of watercourses rests with property and landowners with watercourses crossing or abutting their land. Where a watercourse is between property boundaries, each owner is jointly responsible. These types of landowners are known as ‘riparian owners’ and under common law, it is the responsibility of the riparian owner to maintain the watercourse itself and the flow within it. More information about riparian ownership, including the rights and responsibilities of riparian owners, is available on our Riparian Ownership page.
Rhondda Cynon Taf County Borough Council is not responsible for land drainage, unless we are the landowners. However, as the regulating body for works on ordinary watercourses in Rhondda Cynon Taf, the Council have a duty under Section 23 of the Land Drainage Act 1991 to issue consents for altering, removing or replacing structures or features within ordinary watercourses. Further information is available on our Ordinary Watercourse Consent page.
When it comes to matters of land drainage, the Council only have a limited amount of permissive powers to act in certain circumstances, to mitigate the effects of flooding. These powers are contained within the Land Drainage Act 1991 and consist of:
- Powers to carry out works and/or enter upon land for the purposes of exercising flood risk management functions (Section 14A/64).
- Undertaking enforcement action to maintain the proper flow in a watercourse (Section 24/25).
If a landowner fails to carry out the necessary maintenance on an ordinary watercourse then the Council may use powers under the Land Drainage Act to serve notice requiring them to undertake the necessary works. Failure to comply with such a notice may result in the Council undertaking the work and recharging the owners the costs of doing so. We prefer not to take formal action and for landowners to maintain watercourses voluntarily.
These are permissive powers, not duties, and the Council can choose to exercise them if and when they are deemed necessary. You can learn more about this on our Land Drainage Enforcement page.
The Council’s powers do not extend to main rivers and if similar problems occur on these then Natural Resources Wales would have to take any action deemed necessary.
Should you have any queries relating to land drainage and flooding, please contact:
Y Priffyrdd, Trafnidiaeth a Chynlluniau Strategol,
Highways, Transportation and Strategic Projects,
Floor 2
Llys Cadwyn,
Pontypridd,
CF37 4TH