Flood Risk Activity Permits (FRAP): The Complete 2026 Guide

A flood risk activity permit (FRAP) is the environmental permit you need before carrying out work on, under, over or near a main river, a flood defence, a sea defence or a floodplain in England. It is issued by the Environment Agency and regulated under the Environmental Permitting (England and Wales) Regulations 2016. In Wales the equivalent permit is issued by Natural Resources Wales.

FRAP is short for "flood risk activity permit". The regime was formerly known as flood defence consent, and you will still hear the older name used on site. This guide sets out when a permit is required, the three routes to getting permission, what it costs, how to apply, and the traps that catch developers out.

Working without the permit you need is a criminal offence, and a flood risk activity permit can never be granted after the work is done.

What is a flood risk activity permit (FRAP)?

A flood risk activity permit is a permission granted by the Environment Agency that allows a defined activity near a main river or flood defence to go ahead without harming flood risk management or the water environment. It controls anything that could change how water flows, how a defence performs, or how a floodplain stores water. The legal basis is the Environmental Permitting (England and Wales) Regulations 2016, which brought the old flood defence consent system into the wider environmental permitting framework.

The permit sits alongside planning permission rather than replacing it, and it applies to a specific set of watercourses and structures. Understanding which activities fall inside the regime is the first thing to get right.

When do you need a flood risk activity permit?

You need a permit for regulated work on or near a main river, a flood defence, a culvert or a sea defence. The key trigger is proximity, measured from the top of the bank or the structure. The Environment Agency sets the following distance thresholds:

Typical regulated activities include erecting or altering a structure in, over or under a main river (a culvert, outfall, weir, bridge, pipe crossing, scaffolding or erosion protection); dredging or removing material; diverting, impounding or changing the water level; and building anything designed to hold back or divert flood water.

There is an important exception on the floodplain. Work carried out on the floodplain of a main river, more than 8 metres from the bank, culvert or defence (16 metres if tidal), only needs a permit if you do not already have planning permission for it. Agricultural hay stacks, straw stacks and manure clamps in those locations do not need a permit at all. If you are unsure whether your site sits on a main river, the Environment Agency publishes a live main river map you can check by location.

Which watercourses are covered?

FRAP applies only to main rivers, not ordinary watercourses. Main rivers are the larger, strategically significant watercourses designated by the Environment Agency; everything else, such as most smaller streams, brooks and ditches, is an ordinary watercourse.

That distinction changes who regulates you and which permission you need. Work in or near an ordinary watercourse is not covered by a FRAP. Instead you usually need ordinary watercourse consent from the lead local flood authority or, in some areas, the internal drainage board. Getting the classification wrong is a common cause of delay, so confirm whether your watercourse is designated as main river before you decide which application to make.

The three ways to get permission

Once you know your activity is regulated, there are three routes to permission, and the right one depends on the flood risk your work poses.

• Register an exemption. If your activity meets the description and conditions of one of the listed exempt flood risk activities, you do not need a permit, but you must register it with the Environment Agency before you start. Registration is free, and exemptions generally cover low-impact work that does not affect the bed, banks, water level or flow of the river.
• Apply for a standard rules permit. These cover common, lower-risk activities regulated through a fixed set of pre-set conditions. They are cheaper and quicker than a bespoke permit, but your work must fit fully within the published standard rules.
• Apply for a bespoke permit. This is for higher-risk or more complex work that does not fit an exemption, exclusion or standard rule. Bespoke permits are tailored to the specific risks of your activity and carry the most detailed assessment.
• Note the exclusions. Certain excluded activities sit outside the regime altogether and need no permission at all, provided you stay within the published description and conditions. Unlike an exemption, an exclusion needs no registration.

Of the 2,191 flood risk activity applications the Environment Agency received in 2024, only around 3% qualified for a standard rules permit, and roughly 97% needed a bespoke permit.

How much does a FRAP cost?

There is no single flat fee. The Environment Agency charges an application fee that varies with the route and the complexity of the work, and bespoke permits cost more than standard rules permits because they take more assessment. Registering an exemption is free.

A few points shape the total cost. Charges are revised every 1 April, so always check the current figure. Where an application covers more than one flood risk activity, an additional charge of 25% of the application fee usually applies for each extra activity. Work the Environment Agency accepts as genuine environmental improvement, carried out on a non-commercial basis, falls into the lowest charge band. The current fees are set out in the Environment Agency's tables of charges, and there may also be an ongoing compliance charge once the permit is granted.

How do you apply for a flood risk activity permit?

The application runs through the Environment Agency's flood permitting team. The broad steps are:

1. Check which route you need. Confirm whether your activity is excluded, exempt, or needs a standard rules or bespoke permit. If you are unsure, send project details to the Environment Agency and you will get a response within 10 working days.
2. Prepare your documents. A bespoke application needs a risk assessment and a management system describing your method of work and how you will control risk, plus plans, site surveys and supporting information. A standard rules application needs less, but you must still show you can meet the rules.
3. Complete the forms. Applications use a standard set: Part A (about you), Part B10 for a bespoke permit or Part B11 for a standard rules permit, and Part F3 (charging and declarations).
4. Submit with the fee. Send the forms and payment to the flood permitting team. If forms or the fee are missing, the application is returned; once everything is in order, the Agency confirms it is "duly made" and assessment begins.

Plan early, because you must allow time for a decision before work starts. For most schemes it is worth engaging the Environment Agency before you apply, particularly where the work is close to a flood defence or an environmentally sensitive site. The full process is set out in the GOV.UK guidance on flood risk activities.

How long does a FRAP take?

Expect around two months for a decision on an application that relates only to flood risk activities. If the Environment Agency needs more information, the clock can run longer.

Applications for combined activities, or any that trigger a public consultation, normally take around four months rather than two.

Complex or high-interest cases can take longer still. Building this lead time into the programme is one of the simplest ways to stop a permit becoming the thing that holds up the whole site.

Can you apply for a FRAP retrospectively?

No. A flood risk activity permit cannot be granted after the work has been done. Carrying out a regulated activity without the permit you need is an offence in its own right, whether or not you apply afterwards, and the Environment Agency assesses unauthorised works critically. Approval is never guaranteed once the work is in the ground, and you may be required to undo it.

What happens if you don't get a FRAP?

Working without a required permit exposes you to enforcement and cost.

• Remediation notices. The Environment Agency can require you to stop work and put things right, including removing or altering what has been built.
• Fines and prosecution. Financial penalties and prosecution are possible for non-compliance.
• Costly delays. Unpermitted work that is stopped mid-programme almost always costs more than the permit would have, once delay, redesign and remediation are added up.

Holding planning permission does not protect you here. Planning consent and a flood risk activity permit are separate approvals with different tests, and enforcement can follow even where planning permission was granted.

Flood risk activity permits in Wales

In Wales the permit is issued by Natural Resources Wales rather than the Environment Agency, under the same 2016 regulations. The principle is the same: you need permission for regulated activities on or near a main river, flood defence or sea defence. If your site is in Wales, check the requirements on the Natural Resources Wales permit pages, and remember that the wider planning flood risk regime in Wales runs on different policy (TAN15) from England's.

Key considerations for a successful application

Beyond the paperwork, a few technical points decide whether a FRAP application runs smoothly.

• Flood risk impact. Your work must not increase flood risk upstream or downstream. On many sites a flood risk assessment is needed to show flow and storage are not made worse, and where a scheme removes floodplain volume, compensatory storage may be required on a level-for-level basis.
• Fluvial versus tidal conditions. Non-tidal (fluvial) rivers are about maintaining natural flow paths and sediment movement. Tidal rivers add tidal surge, saline intrusion and erosion, which is why the permit thresholds are wider (16 metres) on tidal reaches.
• Environmental and ecological impact. Permits protect water quality and habitats. Depending on the work, a Water Framework Directive assessment may be needed, and biodiversity gains such as fish passes or bank restoration are encouraged.
• Construction method. Low-impact methods reduce disturbance and make consent more likely. Temporary measures such as cofferdams or silt barriers are often expected to keep sediment and pollutants out of the watercourse during the works.

Frequently asked questions

Get expert help with your FRAP

Flood risk activity permits sit at the meeting point of construction, flood risk and environmental regulation, and a poorly scoped application is a common cause of delay and objection. Unda advises developers, contractors and landowners on when a permit is needed, which route to take, and the flood risk evidence that supports a successful application, coordinated with the wider flood risk and drainage strategy for your site.

For guidance on flood risk activity permits and flood risk assessments, talk to Unda's flood risk consultants.