Land drainage

As the lead local flood authority for Kent, we have powers to regulate watercourses in Kent.

A watercourse is a channel which water flows through, this includes; rivers, streams, ditches, shallow trenches which carry water infrequently and culverts.

Strains on drainage systems

In Kent we face significant challenges in managing watercourses, with around 72,000 properties at risk of flooding from rivers and surface water. Many landowners are unaware of their responsibilities for maintaining watercourses on or near their property, which can lead to delays in addressing issues like blockages and sediment build-up, increasing flood risk.

Weather patterns are changing with longer drier spells and periods of heavy rainfall, and with more built areas, this puts extra pressure on drains and rivers. It makes flooding more likely in towns and village where the water quickly runs off hard surfaces and the highway drainage and local watercourse quickly become overwhelmed.

This page outlines who is responsible for maintaining watercourses.

Our responsibility

We are the responsible authority for ordinary watercourses that are outside of the internal drainage districts and main river networks.

We will try and help where possible, but we cannot always make landowners take action. To stop flooding, landowners will need to work together with the us.

We have powers to regulate the proper function of ordinary watercourses in two ways:

• by maintaining the free flow of land drainage, including the enforcement of riparian responsibility to maintain flow and structures in an ordinary watercourse
• to consent and enforce structures in ordinary watercourses and changes to the alignment of ordinary watercourses.

Find out who's responsible for the watercourse use our land drainage consents map (PDF, 857.0 KB).

Private landowners

If you own a home next to a stream, ditch, or river, known as a watercourse,  you are called a "riparian owner." This means you must look after the watercourse next to or on your land. This is part of the Land Drainage Act 1991.

Your responsibilities

It is your responsibility to make sure that the water within the watercourse can flow freely, and that there are no blockages from debris or build up of mud, which could lead to flooding.

Homeowners must maintain any watercourses on or adjacent to your property, as a riparian owner under the Land Drainage Act 1991. If you do not look after the watercourse, or are aware of the watercourse, this can lead to a flood risk due to unaddressed blockages and sedimentation.

You should:

• check pipes and ditches often for blockages, debris or build-up of mud
• keep open streams clear of rubbish
• take away metal grills or screens that can get blocked when it rains a lot
• consider if it possible to remove the pipe and restore the open channel.

It’s better to have open watercourses than putting it through a pipe or culvert. Open streams let water flow better, help stop flooding, and are nicer for nature and other residents. They are also easier to check for problems like blockages.

If you want to buy a home near a stream or ditch, check if you will have to look after it. Keeping it clear is important to stop flooding. Email flood@kent.gov.uk if you’re not sure what your duties are.

Joint riparian owners

If the land on the other side of the watercourse does not belong to you, you’re presumed to be a joint riparian owner, together with the landowner on the opposite side of the watercourse. Unsure who owns the land? Visit the Land Registry website to get copies of the title register and plans.

The dividing line for each joint riparian owner is presumed by the centre line of the watercourse and each is responsible for their side of the watercourse and the clear flow of water through it.

The riparian owners are responsible for the maintenance of the channel, banks, including culverted sections, pipe or other structures. To find out more about the responsibilities of ownerships read:

• our guide for ownership responsibility for rivers and ditches (PDF, 48.6 KB)
• the Environment Agency's guide to the rights and responsibilities of riverside ownership

Local borough and district councils can carry out flood risk management works on minor watercourses.

Internal Drainage Boards

The Internal Drainage Boards (IDB) is the operating drainage authority responsible for their designated drainage district. They manage and directly maintain watercourses in their district for:

• land drainage
• flood risk management
• environmental protection and enhancement
• water level management purposes.

While they undertake routine maintenance, the overall responsibility still lies with the riparian owner. The IDB also have a general supervisory duty over all drainage matters within their districts and have consenting and enforcing powers for work carried out.

Land drainage consent

To complete work on or near a watercourse which is not a main river and is not looked after by Internal Drainage Board (IDB), you may need land drainage consent from us.

To find out if you need consent from us, find out who's responsible for the watercourse use our land drainage consents map (PDF, 857.0 KB).

Pre-application advice

We provide pre-application advice for a fee on land drainage consents for most major developments.

Our advice can:

• indicate whether a land drainage proposal would be acceptable
• reduce the time your advisers spend on developing a drainage strategy
• ensure your submission is complete so it doesn't get rejected in the early stages
• let you know how guidance and policies will be applied to your development
• identify whether you need specialist input.

This advice is only available for sites where we are the land drainage authority. Advice for areas within an IDB or watercourses classified as main river will require discussions with the relevant authority.

Chargeable advice

Land drainage pre-application advice fees

All fees include VAT:

We also offer pre-application surface water management in major developments. This is a separate service. We can arrange meetings with our SuDS team and land drainage engineer. This will allow you to discuss your site's drainage issues in depth.

Land drainage and surface water management pre-application advice fees

All fees include VAT:

Apply for consent

We may tell you that you don't need consent or give you advice that will help avoid delays. Before you apply read the guidance notes for land drainage consent (PDF, 183.1 KB).

Complete the consent form

Unable to use the form or unsure what type of watercourse your planned work is on? Contact us at:

Cost

£50 per structure.

You will be asked to pay the fee as part of the application process. The cost is an admin fee for each structure which is set within the legislation. The fee is non-refundable, even if your application is declined.

Pollution prevention

Please read the pollution prevention guidelines (PPG5) on the GOV.UK website to ensure that your works in or near an ordinary watercourse protect the environment and meet the legal requirements.

Land drainage policy

Read our land drainage policy.