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Flood risk in Scottish property transactions and development: legislation, planning, due diligence, SuDS, CAR and mitigation
PRACTICE NOTES
Flood risk in Scottish property transactions and development: legislation, planning, due diligence, SuDS, CAR and mitigation
This Practice Note considers the law and policy surrounding flooding in Scotland: offering a synopsis of legislation, policy, and the Flood Risk Management (Scotland) Act 2009 (FRM(S)A 2009) setting out how flood risk is managed and the responsibilities of various statutory bodies signposting guidance for developers on instances where flood impacts must be evaluated as part of due diligence exploring potential strategies to reduce flooding, alongside wider mitigation examining controlled activity licences Flooding can inflict severe harm on people and enterprises. The Scottish government has recognised the growing dangers and consequences of flooding across Scotland due to climate change, and has produced national policy and devolved law to address the effects of heightened flood risk in Scotland. These policies and legislation embrace catchment-scale, precautionary methods for managing flood risk and emphasise the need for flood management to regulate new development that could be vulnerable to flooding or
Property
Scottish habitats, wildlife and landscape constraints on development: protected sites and species, INNS, trees, water/marine works, and licensing under NPF4 and post-Brexit regimes for developers and landowners
PRACTICE NOTES
Scottish habitats, wildlife and landscape constraints on development: protected sites and species, INNS, trees, water/marine works, and licensing under NPF4 and post-Brexit regimes for developers and landowners
STOP PRESS: The Conservation of Habitats and Species (Offshore Wind) (Miscellaneous Amendments) (Scotland) Regulations 2026, anticipated to commence on 25 May 2026, set out a tailored regime of compensatory measures for relevant offshore wind activity, revising the Conservation (Natural Habitats, &c.) Regulations 1994 and the Conservation of Habitats and Species Regulations 2017. Notably, the standard compensatory provisions are switched off for relevant offshore wind projects and substituted with fresh obligations tied to enhancements for the UK MPA network. This Practice Note will shortly be revised to capture these updates. The Practice Note reviews controls and regulatory considerations safeguarding wildlife, habitats and landscapes in Scotland, and how these may affect and influence developers and landowners. It surveys the legal and regulatory framework for protected sites, including special areas of conservation (SACs), special protection areas (SPAs), sites of special scientific interest (SSSIs), Ramsar sites, marine
Property
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