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Jean-Yves Gilg

Editor, Solicitors Journal

A steady flow of flood due diligence

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A steady flow of flood due diligence

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Angela Gordon Lennox reviews the benefits of thorough flood risk search reports for both conveyancing solicitors and their clients

Looking back over the past year, not a month went by when there wasn't a report of flooding or the risk of flooding
in an area of the UK.

Earlier in the year, we saw flood warnings issued around the UK's coastal regions for fear of tidal surges following the highest spring tides in 20 years. As we move towards Christmas, we have seen floods occurring across Wales, and with particular severity in Cumbria after persistent
rain brought flash flooding to several towns.

What is clear is that flooding can occur
at any time and in any location. A common misconception is that flooding is only an issue
if a property happens to be near to a water source, such as the sea or a river, or is located on low-lying ground. This isn't the case.

Flood risk

There are in fact six different classifications
of flooding: surface water, river, coastal, groundwater, dam break, and canal failure.
As such, it is possible for homes in any location to carry some level of flood risk. It therefore pays for homebuyers to undertake appropriate research to manage, or be at least aware of, any potential threats, so that they are able to make mitigating plans, as well as ensure appropriate insurances are available and in place.

From a homebuyer's perspective, this is
where the due diligence and guidance provided by conveyancing solicitors will help. According
to the Environment Agency's national assessment of flood risk, today one in six properties are considered to be at risk of flooding. In spite
of this, however, people are still not fully researching the risks relating to their own homes.

In fact, in February this year, the 'Know Your Flood Risk' campaign commissioned a YouGov study that highlighted a lack of awareness over flood planning. It found that only 20 per cent of people checked their flood risk before moving into a new home, despite the increasing number of flood events that are taking place across the country.

This is rather concerning when you consider that, aside from the physical damage that is caused by flood water, if a property is deemed
at risk, not only could it be difficult to obtain a mortgage or appropriate insurance cover, but
its future saleability could also be affected.

From a conveyancer's point of view, there are
a number of search reports available to support homebuyers' flood due diligence. These provide reliable intelligence and insight into the environmental risks related to a property.

Search reports

The good news is that flood reports have come
a long way over the years and today present data in an easily understandable, visual format that makes it clear to homebuyers how the results translate to them. As a conveyancing solicitor,
you are not likely to be qualified to provide detailed advice on flood risk management, nor are you expected to be able to analyse the finer details of a technical flood risk model. Therefore, the way in which the findings are presented in
a search report makes it simple to provide the insight a client needs, in a format that can be easily digested, while delivering appropriate levels of client care.

For added peace of mind for the client,
the reports provide a summary of potential
risks, which are then assessed by leading environmental consultants to help remove
any uncertainty on the interpretation of the report results.

For example, the Homecheck Professional Flood Search report combines information
from a range of expert sources, including JBA Consulting, the Environment Agency, the British Geological Survey, and Ordnance Survey.

It contains information on the following: river, coastal, and surface water flood risk (1 in 75 year,
1 in 200 year, and 1 in 1,000 year reports); river and coastal risk and flood defences; groundwater data; and historic flood events and insurability rating.

Ultimately, no one wants to be a victim of flooding and so forewarned is forearmed. If a conveyancer is able to provide homebuyers with this level of information on flood risk, within a standard search pack, it will enable them to make a better-informed decision about their next steps, or seek help from an expert to investigate the risks further before a purchase moves to completion. SJ

 

Common causes of flooding

 
Surface water flooding
 
When exceptionally heavy downpours happen, the ground can become saturated, and drains and sewers may not be able to cope with the overwhelming demand, leading to surface water flooding. Although this is more likely in low-lying areas, it can happen to many other properties which are not specifically designated as being at risk of flooding on the Environment Agency’s flood risk maps.
 
This can also be triggered in urban areas where the ground consists mostly of hard surfaces, such as paving stones, concrete, or tarmac, as this creates a flow for rainwater, rather than letting it soak into the ground. It has been estimated that nearly four million properties are at risk of surface water flooding in the UK.
 
Groundwater flooding
 
Rising groundwater levels resulting from heavier rainfall can present problems. This type of flooding generally occurs during long and intense periods of rainfall when infiltration into the ground raises the level of the water table until it exceeds ground levels.
 
Rising groundwater levels are posing an increased threat to buildings with basements, for example. Such flooding may occur separately or in conjunction with flooding from other sources, such as surface water flooding.
 
River flooding
 
River flooding occurs when rivers and streams are unable to carry away floodwaters within their usual drainage channels, and subsequently those low-lying properties located close to the river are liable to flooding.
 
When river flooding occurs, it can create widespread damage due to the sheer volume of water, and it may be longer lasting and more difficult to drain away. Fast-flowing floodwaters can also pose a threat to safety, as well as structurally damaging buildings.
 
Coastal flooding
 
High sea tides which overwhelm coastal defences are a major contributor to coastal flooding. This may affect not only properties close to the shoreline itself, but also buildings located in tidal river basins away from the coast. This is due to floodwater being forced up the tidal reaches of rivers and estuaries by raised sea levels and gales. It is anticipated that such flooding may become more frequent in future years due to rising sea levels.

 

Angela Gordon Lennox is senior product manager at Landmark Information Group