Schedule 25, Part 1, paragraph 9

Subject to paragraph 10(4) and (5), the regulator may take steps to— remove, alter or pull down any works carried out pursuant to an unauthorised flood risk activity; remedy the effects caused by an unauthorised flood risk activity. Before taking any steps under sub-paragraph (1) the regulator must serve a notice of intent on the person responsible for the unauthorised flood risk activity (“A”). The requirement to serve a notice of intent under sub-paragraph (2) does not apply where the regulator— is required to act in an emergency, or cannot determine who is the person responsible for the unauthorised flood risk activity. A notice of intent must— specify the steps the regulator intends to take; specify the date on which the regulator intends to take those steps; set out the rights of appeal that A has under regulation 31(1)(f). Where the regulator determines that it is not possible or practical to serve a notice of intent on A, the regulator may serve the notice on any other person who it appears to the regulator may be affected. Where a notice is served under sub-paragraph (5), sub-paragraph (4)(c) applies as if the reference in that sub-paragraph to “A” is a reference to the person on whom a notice under sub-paragraph (5) is served. The regulator may recover from A, or a person served with a notice under sub-paragraph (5), the costs of any steps taken by the regulator under sub-paragraph (1).

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Source: legislation.gov.uk · retrieved 2026-07-30