Flooding - duties and responsibilities
Council duties
Many people believe that the Council is responsible for protecting their property from flooding. The Council has no statutory duties to prevent properties from flooding. The responsibility lies with the property owner. The Council's duties are as follows:
- Assess the condition of watercourses for any risk of flooding to non-agricultural land
- Publish a biennial report on flooding matters
- Cleanse, repair and otherwise maintain in due state of efficiency any watercourse which may pose a risk of flooding of non-agricultural land.
The duty to cleanse, repair and maintain a watercourse consists essentially of clearing culverts, blockages and removing debris. Other organisations, such as Scottish Natural Heritage, World Wildlife Fund, Scottish Wildlife Trust and the District Salmon Fishery Boards also have in-put into what work is possible on watercourses and at what times of the year.
Although the Council is required to keep watercourses clear of obstructions such as fallen trees, it is does not have a duty to increase the capacity of a watercourse. Any responsibility in respect to increasing the capacity of watercourse lies with its owner. De-silting would have to be approved by SEPA before any work takes place.
What the Council does
Councils have powers, not a duty to promote and implement flood mitigation schemes. Perth and Kinross Council will not implement a flood mitigation scheme without obtaining grant funding from the Scottish Government. There are set criteria for securing this funding. If a scheme does not meet these criteria, it will not qualify for funding.
The flood mitigation scheme process is lengthy and can take several years from its conception to completion. The process will be detailed on this site soon.
Although the responsibility to protect your property during a flood rests with yourself, the property owner, the Council will, where possible, provide assistance in the event of a flood. This will largely involve the provision and placing of sandbags, diverting water flows and pumping out flood water from public roads and footways adjacent to properties.
The Council will provide flooding advice to landowners regarding flood prevention and watercourse management.
Although there is no duty on the Council to do so, when sandbags are requested by members of the public the Council will endeavour to supply them. In extreme flooding situations this may not be possible due to the level of demand placed on resources. As sandbags are in limited supply they will only be provided to properties that are in imminent danger of being flooded. To request sandbags contact: 01738 625 411.
What the Council does NOT do
Councils have no statutory duties in terms of preventing flooding of property. Responsibility lies with the owner of the property. For information on the steps you can take to help protect your home see advice and support.
Many flooding problems arise as a result of under-capacity in a watercourse. The Council does not have a duty to improve or increase the capacity of a watercourse. This responsibility lies with the owner of the watercourse, who may need to acquire a licence from SEPA before proceeding.
Councils have no powers to require landowners to address flooding issues, although poor land management practices, such as ploughing downhill rather than across, have exacerbated flash flood events. The Council will provide advice on good land management if it is requested.
The Council is not responsible for dealing with flooding from sewers. This responsibility lies with Scottish Water who can be contacted on 0845 600 8855.
The Council does not have any duties or powers for maintenance of agricultural floodbanks or to mitigate the flooding of agricultural land and property. This responsibility lies with the landowner.
The Council does not have a duty to improve the standard of public roads, including drainage, only to maintain them at their current standard. Perth & Kinross Council makes every attempt to include improvements within annual expenditure, but it is always a matter of balancing competing priorities such as poor road surfaces or inadequate lighting.
What you can do
You can help protect against flooding by taking appropriate action to stop flood water entering your property. This can be done using sandbags to block doorways and other entrances to your property. SEPA provides a list of flood alleviation products, including sandbags. Alternatively check the Yellow Pages under Builders Merchants for local suppliers. If sandbags or other defences are not readily available alternative defences can be created. A pillowcase filled with earth or sand will make an effective substitute and could help to provide that vital barrier against flood water.
In an effort to minimize flooding hazards it is important that drains are kept clear. If you find any blocked road drains near your property call the Council on 01738 625 411 so that it can be cleared at a later date. Any property drains are the responsibility of the land owners although the Council will attempt to help in a flood situation to protect property providing there are resources available.
