Lockings Solicitors

When is a flood risk assessment required?

If you are buying a property, you may have concerns over the likelihood of flooding. This is an increasing problem and it is important to understand the threat before you go ahead with a purchase. We take a look at why you might want a flood risk report when buying a house, and answer the question, When is a flood risk assessment required?

During Flood Action Week in November 2023, the government stated that “Around 5.5 million homes and businesses in England are at risk of flooding and climate change is only increasing the dangers. It is clear we are already seeing the impacts of the climate crisis around the world and in the UK through wetter winters and hotter, drier summers.”

At Lockings Solicitors, we can secure flood risk information for you before your purchase goes ahead. If you are considering taking on a home and you need an assessment of the situation, we will arrange for a professional report to be carried out.

We have been representing individuals and families in conveyancing in the East Yorkshire area and beyond for many years. Our team members are all highly experienced and will ensure you have the advice and guidance you need during the purchase process.

We know that time is often of the essence, and we will work to reach exchange of contracts promptly. Where necessary, we will make enquiries of the seller as to any past flooding incidents.

We offer a FREE initial chat so that you can ask us any questions you may have about buying a house with a flood risk. Call us on 01482 300 200, email us at welcome@lockings.co.uk or fill in our Free Online Enquiry and we will call you back promptly. We have offices in Beverley, Hull and York and represent clients across the East Yorkshire and York area.

When is a flood risk assessment required?

The government offers an online tool that allows you to enter a postcode and find out whether there is a potential long-term risk of flooding. We can check this on your behalf and, if there is, discuss obtaining a flood risk assessment.

If you request an environmental search, which may be a condition of your mortgage offer, this will include basic information about the flood risk in the area. If the property is at risk of flooding, you will usually be advised to have a specialist flood risk assessment or flood report carried out by a specialist agency.

Flooding can be from a range of sources, including:

  • Surface water flooding, generally as a result of heavy rainfall and often exacerbated in areas where there has been development, particularly building on flood plains
  • Groundwater flooding, when the water table rises above ground level
  • River flooding
  • Coastal flooding
  • Sewer flooding, when sewers become inundated following heavy rain

What does a flood risk assessment reveal?

Different levels of flood report are available. A basic report may look at issues including:

  • The risk of each type of flooding based on historical data
  • The flood zone of the property, with Zone 1 being the lowest level of risk and Zone 3 the highest; zones refer to the flood risk from some rivers and the sea, not from other sources
  • The potential implications for insurance; insurers may refuse to insure some higher-risk properties
  • Whether the existing flood risk is likely to affect the value of the property
  • Details of flood protection measures in the area, such as flood barriers

It may also be possible to request a more detailed report that could include suggestions on protecting the property.

Does a seller have to disclose flooding?

When you buy a property, the seller will provide a standard Property Information Form TA6. One of the questions on the form is as follows:

“Has any part of the property (whether buildings or surrounding garden or land) ever been flooded? If Yes, please state when the flooding occurred and identify the parts that flooded.”

The seller must be honest when answering this question. If they are not, this is misrepresentation, and they could face a claim for compensation if their buyer suffers a loss as a result.

There is also scope for the seller to advise whether they or the local authority have installed flood defences and whether they have carried out any flood-proofing works to the property.

Can you insure a property at risk of flooding?

Both insurers and lenders have been warned by the Bank of England in the bank’s 2022 climate stress test, that they must manage climate risk or they will face serious financial impacts.

If the property you are considering buying has a flood risk above the minimum level, you are strongly advised to speak to insurers early on in the conveyancing process to check whether insurance cover is available and how much it is likely to be.

For some properties, flood insurance is not available. We can ask the seller whether they are currently insuring the property against flooding and request a copy of their policy.

If your property floods, your insurance premium may increase substantially, or your insurer could withdraw your insurance.

What is Flood Re?

Flood Re is a joint initiative between the government and insurers that aims to provide affordable flood insurance for homeowners of properties built before 1 January 2009. Insurers can pass on the flood risk part of a home insurance policy to Flood Re for high-risk properties. Flood Re will cover the cost of claims, which are made through the insurer in the normal way.

Policies backed by Flood Re are purchased from insurers, as the organisation does not deal directly with the public. If you need this type of insurance, you would still need to identify an insurer willing to offer it.

If the insurer has also signed up to the Build Back Better scheme then, should the property flood, up to £10,000 can be provided to pay for flood resilience measures aimed to prevent or minimise future flooding. Examples of measures that could be installed include a flood door, pumps, raised electricity sockets, porcelain tiling and hardwood skirting boards.

Can you get a mortgage for a property at risk of flooding?

Some mortgage lenders may refuse to lend against a property with a high risk of flooding. Alternatively, they could require a higher deposit or a particular level of insurance.

You should also be aware that if flooding occurs after you buy the property, future buyers could face difficulty in obtaining a mortgage when you come to sell. A property with a history of flooding can be considerably harder to sell.

If it is difficult to obtain a competitive mortgage or insurance, this is likely to affect your property’s value.

Conversely, if the local authority put improved flood defences in place that reduce the flood risk, then a property could hold or increase in value.

Contact our East Yorkshire and York area conveyancing solicitors

If you would like to discuss having a flood risk assessment when buying a house, contact us today and we will be happy to assist.

You can ring us for a FREE initial chat on 01482 300 200, email us at welcome@lockings.co.uk or fill in our Free Online Enquiry and we will call you back promptly. We have offices in Beverley, Hull and York and represent clients across the East Yorkshire and York area.

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Lockings Solicitors is a trading name of Lockings Legal Services Limited registered in England and Wales company registration number 09244568. Lockings Legal Services Limited is authorised and regulated by the Solicitors Regulation Authority (Main Office SRA ID number 626081). A list of our directors is available for inspection at all our offices. Use the following link https://www.sra.org.uk/solicitors/standards-regulations/
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