You must follow the environmental permitting rules if you want to do work:

• on or near a main river
• on or near a flood defence structure
• in a flood plain
• on or near a sea defence

These are regulated under environmental permits (formerly flood defence consents). You are breaking the law if you operate without getting the permit you need.

There are other laws that may also restrict what you can do on or near a main river or sea defence:

• contact the Environment Agency to find out about byelaws that may apply to you
• find out what you must do if you own property next to any watercourse
• regional flood defence and land drainage byelaws control some activities around watercourses and flood defences

Check if the activity is on a main river

Work on or near main rivers is regulated by environmental permitting. Check the location of main rivers.

Not on a main river

You do not need flood risk permits to work on ‘ordinary watercourses’– usually small rivers, streams and ditches. But you should contact your local council or internal drainage board to check if you need land drainage consent.

Check if your activity is regulated

You may need to apply for permission to do any of the following regulated flood risk activities:

• erecting any temporary or permanent structure in, over or under a main river, such as a culvert, outfall, weir, dam, pipe crossing, erosion protection, scaffolding or bridge
• altering, repairing or maintaining any temporary or permanent structure in, over or under a main river, where the work could affect the flow of water in the river or affect any drainage work
• building or altering any permanent or temporary structure designed to contain or divert flood waters from a main river
• dredging, raising or removing any material from a main river, including when you are intending to improve flow in the river or use the materials removed
• diverting or impounding the flow of water or changing the level of water in a main river
• quarrying or excavation within 16 metres of any main river, flood defence (including a remote defence) or culvert
• any activity within 8 metres of the bank of a main river, or 16 metres if it is a tidal main river
• any activity within 8 metres of any flood defence structure or culvert on a main river, or 16 metres on a tidal river
• any activity within 16 metres of a sea defence structure
• activities carried out on the floodplain of a main river, more than 8 metres from the river bank, culvert or flood defence structure (or 16 metres if it is a tidal main river), if you do not have planning permission (you do not need permission to build agricultural hay stacks, straw stacks or manure clamps in these places)

If you are not sure if your work is regulated and requires a permit contact the Environment Agency.

Activities that do not need permission before you start work

You do not need to get permission if you plan to do one of the excluded activities. But you must operate within the description and conditions of the exclusion.

If you install small-scale monitoring instruments and associated equipment alongside in main river watercourses the Environment Agency will not normally take enforcement action against you if you carry out works that comply with Installing small-scale monitoring instruments and associated equipment alongside in main river watercourses: RPS 333.

Activities that need permission before you start work

There are 3 ways to get permission to do your work:

• register for an ‘exemption’ – you do not need a permit but you must still register your exemption with the Environment Agency
• apply for a ‘standard rules permit’ – permits that include a set of fixed rules for common activities
• apply for a ‘bespoke permit’ – for all other flood risk activities – permits that are tailored to the risks from your activities

If you are not sure if you need a permit, send details of your project to the Environment Agency at enquiries@environment-agency.gov.uk. You will get a response within 10 working days.

Exemptions

You do not need to apply for a permit if:

• your activity meets the description and conditions of one of the exempt flood risk activities
• you register your exemption with the Environment Agency before you carry out any work

It is free to register an exemption.

To complete your registration you will need the:

• description of the exemption you want to register
• name and address of the individual, business or organisation that will be responsible for the activity
• registration number and registered address if you are registering the activity for a limited company or limited liability partnership
• name and address of the contact person who will be sent the registration confirmation
• address or a 12-digit National Grid reference or postcode for the location of your work

You can contact the Environment Agency before you fill in your registration to check if you can register an exemption. This will depend on how close it is to environmentally sensitive sites or existing flood defence structures.

Standard rules permits

You can apply for a standard rules permit to operate if your proposed work fits fully within one of the standard rules.

If you want to change your activity and will no longer meet the criteria of the standard rules covered by your permit, you’ll have to apply to make it a bespoke permit.

You may also need to change your permit if:

• a change in your local environment means you can no longer meet the standard rules
• the Environment Agency tells you that you need to change your permit

Before you apply for a standard rules permit

You will need to:

• read the rules and make sure you can follow them – if in doubt, contact the Environment Agency to get advice
• read the instructions in the application form and guidance
• read the generic risk assessment for your activity – you can find this with the standard rules
• contact the Environment Agency to check if you cannot apply for a standard permit because the works are too close to a flood defence structure or an environmentally sensitive location
• develop a management system that describes your method of work and what you’ll do to manage risk

You do not need to send your management system when you apply for a standard rules permit but the Environment Agency may ask to inspect it at any time.

Apply for a standard rules permit

Download and fill in the following forms:

• part A: about you
• part B11: standard rules permit application
• part F3: charging for flood risk activities and declarations

You must also include your fee – find out how much you need to pay.

If you need help or guidance contact your local Environment Agency office.

Email your completed forms to Flood.permitting@environment-agency.gov.uk or post them to:

Bespoke permits

You must apply for a bespoke permit if your activities do not fit within any of the standard rules, exemptions or exclusions.

Environmental improvement work

Environmental improvement work is any flood risk activity that:

• the Environment Agency considers is solely to improve the environment
• is done on a non-commercial basis where no profit or other commercial gain is made by completing the works

A commercial company or business may undertake the work as long as it is for a non-commercial purpose. The charge for environmental improvement work is in the lowest price category. The Environment Agency retains the right to charge normal prices for high risk or complex applications.

Please contact your local Environment Agency office before you start to discuss any environmental improvement work.

Before you apply for a bespoke permit

You will need to:

• complete a risk assessment
• develop a management system describing your method of work and what you will do to manage risk
• prepare plans and documents describing your activities and supporting information such as site surveys

Apply for a bespoke permit

Download and fill in the following forms:

• part A: about you
• part B10: bespoke permit application
• part F3: charging for flood risk activities and declarations

When you send your application you will need to include:

• the forms
• your method of work
• your risk assessment
• any other supporting documents mentioned in the accompanying form guidance
• your fee – find out how much you need to pay

If you need help or guidance contact your local Environment Agency office.

Email your completed forms to Flood.permitting@environment-agency.gov.uk or post them to:

Consultations on permit applications

The Environment Agency may consult other public bodies when they assess your application.

If the Environment Agency thinks your proposed activities could have potentially significant environmental impacts, it may publish a notice of your application for public comment. The Environment Agency will let you know if it plans to do this.

In cases of high public interest, it may take longer to give you a decision if there is any extra public and specialist consultation.

Read the Environment Agency’s public participation statement to find out more and what you can do if you have concerns.

Keeping sensitive information confidential

The Environment Agency will normally put the information in your application on a public register. Anyone can ask to see the public register. Contact the Environment Agency to find your nearest office.

The Environment Agency will not include information on the public register if it may harm national security or commercial interests. If you want commercially sensitive information kept private (such as financial information), you must give your reasons in a letter with your application.

The Environment Agency will do one of the following:

• agree to your request within 20 days
• tell you it needs more time to decide
• reject your request and tell you how to appeal or withdraw your application

After you apply

The Environment Agency may send back your application if, for example, you have:

• not used the right forms
• forgotten to include the fee or sent the wrong fee
• not provided all the necessary information

Once the Environment Agency is satisfied they have the information and payment required to start assessing your application, they will contact you to tell you that your application is ‘duly made’. This means they are starting the assessment process.

If the Environment Agency needs any more information from you before your application can be duly made, they will either:

• contact you to request it if it seems you could provide the information within 10 working days
• return your application with a list of missing information to help you reapply

If the Environment Agency cannot progress your application past the duly made stage, they will return it to you. They may keep part of your application charge if they have spent time reviewing your application. This is explained in the environmental permitting charges guidance.

After an application is duly made, if the Environment Agency needs any more information from you, they will contact you to tell you what information you need to send.

Decisions about your application

The Environment Agency will tell you if it approves your application.

You will normally get a decision within 2 months if your application relates only to flood risk activities. The Environment Agency will ask you if it needs more information. If more information is needed a decision may take longer.

Normally it will take 4 months to assess an application for combined activities (such as a flood risk and water discharge activity) or if there is a public consultation.

You should plan enough time for the Environment Agency to decide on your application before you start work.

Appeal a decision

You can appeal against the decision if the Environment Agency refuses your application or you think the conditions are unreasonable. The decision letter will explain how to appeal.

Complying with your permit

After you have got your permit you will need to follow its conditions. Find out how the Environment Agency will regulate you.

Change, transfer or cancel your permit

After you have your permit, you can:

• change (vary) the details on it
• transfer it to somebody else
• cancel (surrender) it

Find out how to change, transfer or cancel your permit.

When the Environment Agency may change your permit

The Environment Agency will not normally change your flood risk activity permit within 3 years of you receiving it.

It may change your permit if:

• you do not meet the conditions of your permit or environmental standards
• there are changes to legislation
• there are changes to the flood, drainage and environmental risks near the site of your activities