Promoting and enhancing best practice and technical expertise

Water Infrastructure

The law and practice of land assembly for pipes, sewers and flood defences

This showcase conference provides a deep dive into land assembly and compensation for water, sewerage and flood-defence infrastructure. The subject is under unprecedented scrutiny as population growth, climate pressures and environmental concerns place increasing demands on networks and assets.

This conference examines some of the strongest statutory powers over private property on the civil statue book. Available to undertakers for land assembly and access, how those powers operate in practice, and where disputes most commonly arise. Bringing together perspectives from both infrastructure providers and affected landowners, the programme explores what works, what does not, and how policy and practice can evolve to meet the challenges ahead.

Start Date Venue Price  
12 November 2026 Dentons UK & Middle East LLP, London £310 BOOK

Note: All prices are to be paid in GBP and are subject to VAT at the prevailing rate

Event duration: Day Event (5.5 Hours CPD).
Registration from: 09.30. Event starts at: 10.00. Event finishes at: 17.25.

Water, sewerage and flood-defence infrastructure is environmentally essential but sits at the legal sharp end of where private rights and public necessity collide.

Infrastructure undertakers benefit from some of the most extensive statutory powers available, largely derived from the Water Industry Act 1991 or Water Resources Act 1991 and related legislation. Unlike many compulsory purchase regimes, these powers can enable entry onto land and the execution of works with limited procedural hurdles, often before questions of compensation, liabilities and future obligations have been fully resolved.

Are these powers proportionate, and critically, are they being exercised proportionately? For landowners and businesses, the process can feel heavily weighted in favour of the undertaker, with disputes over compensation, reinstatement, damage and future liabilities often requiring costly litigation to resolve. For undertakers, however, there is significant political and societal pressure to deliver essential infrastructure, improve environmental outcomes, respond to increasing flood risk and maintain ageing networks in an era of constrained resources. Its all about balance.

This conference examines the powers available, how they are used in practice, where disputes arise and what good behaviour and best practice should look like in a sector operating under growing pressure and scrutiny. Drawing on the perspectives of both undertakers and affected landowners, delegates will gain a practical understanding of one of the most powerful and least understood land assembly regimes in the UK.

Speakers

Programme

Water Powers in the Age of Sewage, Flooding, Climate Resilience and Public, Media and Political Distrust

  • Why water consenting is now topical and contentious 
  • The difference between “Essential Infrastructure” and “Uncontrolled Imposition” 
  • Why land rights, access, compensation and reinstatement are no longer back office issues 
  • The question for the day: Are these powers still proportionate?

The Statutory Toolkit: What Powers do Water, Sewerage and Flood Authorities Actually Have?

  • Water Industry Act 1991: Water and sewerage undertaker powers 
  • Emergency powers, survey powers, works powers and permanent infrastructure 
  • Limits of powers and landowners’ grounds/mechanisms for resisting entry
  • Justification of powers
  • Are 1991 powers fit for purpose and proportionate in the 21st century landscape?

Powers for Flood Defences


Meeting The Challenge of 21st Century water and Sewerage Supply

  • Policy drivers 
  • Current investment programme - AMP 8 to AMP 10 - What does investment look like; Type of works and scale?
  • Opportunities for nature based solutions and SUDS
  • Working with landowner’s from an undertaker’s perspective

Need for and Delivery of Flood Defences: Political, Legal, Practical Considerations 

  • Compensation under water resources Act 1991 Schedule 21 
  • Brookhouse v Environment Agency
  • 2023 liability decision; Who’s infrastructure is it anyway?
  • 2026 compensation decision
  • Why this may become a leading case on flood liability compensation

Landowner Challenges and Practical Considerations; Early Engagement, Mitigation Agreements

  • Late engagement and “notice first, conversation second” 
  • Access routes, compounds, damage and reinstatement 
  • Tenant issues: Who is consulted, who is compensated, who is disrupted? 
  • Agricultural land, development land, commercial premises and residential land 
  • Repeated access: Inspection, maintenance and repair 
  • Post work problems: Drainage, settlement, contamination, flooding, access and trespass perception 
  • Mitigation agreements

Talking Heads: A Panel Discussion

  • Codes of practice, conduct and ADR: What might good look like?
  • Reform or better practice: Do water powers need modernising?