The responsibility for maintenance of watercourses falls to the ‘riparian owner.’ A riparian owner is anyone who has any type of watercourse running through, beneath or next to the boundary of their land or property. If the watercourse forms the boundary of their land, they will usually be responsible up to its centre.
How do I know if I am a riparian owner?
Answer these questions and follow the steps or view the flow diagram below.
Question 1: Does a watercourse run through, beneath, or next to your land?
- Answer: No - You are not a riparian owner
- Answer: Yes - Go to Question 2
- Answer: Unsure - please read the points below
- Consider the distance and relationship between the watercourse and your boundary.
- Is a strip of land or pathway definable, and could it possibly be owned by a third party?
- If you are unsure, search the Land Registry to find out who owns the land in between.
- If you are still unsure, ask the authority that manages the related watercourse, or seek your own legal advice.
Question 2: Is the watercourse an awarded watercourse? This is relevant for people that answered Yes to Question 1 above.
- Answer: No - You are the riparian owner with full responsibilities.
- Answer: Yes - Please check with the relevant awarded body identified on the watercourse interactive map.
Images to show who is responsible
The series of images below show a mix of properties and land; A, B, C, D, E, F and G and who is responsible for which sections of the watercourses shown.
Use the forward and back arrows on the side of the images below to move them on.
Riparian owner rights and responsibilities
If you are a riparian owner, you have certain rights and responsibilities.
| Rights | Responsibilities |
|---|---|
| To receive a flow of water from upstream. | Make sure water can flow freely through your section of watercourse. |
| To protect your property from flooding (as long as you have the plans agreed by the relevant authority). | Maintain your section of watercourse by removing blockages (including natural and man-made ones) that may obstruct the flow of water or present the risk of flooding. This also includes watercourses flowing in culverts.
Keep any trash screens, culverts, weirs and mill gates clear of debris. Clear any trees and shrubs growing on the banks or within the channel which may contribute to a blockage. It’s important to think about the time of year when doing this to avoid disturbing birds in nesting season and disturbing any protected species during spawning seasons. Not polluting the watercourse by disposing of waste or allowing chemicals to enter the water. Protect wildlife, for example, not causing obstruction to migratory fish and preventing invasive plant species such as Japanese Knotweed, Himalayan Balsam or Giant Hogweed from entering watercourses and spreading into the wild or onto neighbouring land. |
Riparian owners are not responsible for proactively reducing the risk of flooding from the watercourse, over and above regular maintenance duties.
What happens if I do not take on my riparian responsibilities?
If there is a lack of maintenance, or changes are made to the watercourse that cause or contribute to flooding, you may have to pay for damages and could face legal action.
For more information please read or download our Riparian ownership summary (11 pages, opens as PDF).
What if I want to make a change to a watercourse?
If you want to carry out works to a watercourse (either temporary or permanent), the law requires you to get permission first. This is the case even if the watercourse doesn’t always contain flowing water.
The organisation you need to obtain permission from depends on the type of watercourse.
Main Rivers
Contact the Environment Agency to find out if the work requires an environmental permit. Please visit Flood risk activities: environmental permits - GOV.UK for more information.
Ordinary watercourses and awarded watercourses
If the watercourse is not in an internal drainage board (IDB) area, you need permission from Cambridgeshire County Council. Please visit our ordinary watercourse consent webpage.
In an Internal Drainage Board (IDB) area
If the watercourse is within an IDB area, you need permission from the relevant IDB.
