26(1)At the end of section 21 of the Building Act 1984 (provision of drainage) add—E+W
“(7)This section does not apply to works in connection with which approval is required in accordance with Schedule 3 to the Flood and Water Management Act 2010 (sustainable drainage).”
(2)The power in section 59(1)(c) of the Building Act 1984 (power to give notice about unsatisfactory condition of drains) applies to sustainable drainage systems, as defined by regulations under paragraph 17(5) above, as to works mentioned in that section; and for that purpose—
(a)it does not matter whether the drainage system, or any part of it, is adopted under this Schedule, and
(b)a reference to a local authority is to be treated as a reference to the relevant approving body.
(3)At the end of section 59 add—
“(7)Schedule 3 to the Flood and Water Management Act 2010 extends the power under subsection (1)(c) of this section to sustainable drainage systems as defined in regulations under that Schedule.”
(4)In section 84(1) of the Building Act 1984 (paving and drainage of yards and passages) for the words “to a proper outfall” substitute “ (having regard both to the need to remove water from the court, yard or passage and also to the need to dispose of it satisfactorily in the course of or after its removal) ”.
Commencement Information
I1Sch. 3 para. 26 in force at 2.5.2018 for specified purposes for W. by S.I. 2018/557, art. 2(b)
I2Sch. 3 para. 26 in force at 7.1.2019 for W. in so far as not already in force by S.I. 2018/557, art. 3(b)