Homeowner Property Flood Resilience scheme

Terms and conditions

1. Owner Obligations

  • 1.1 The Owner accepts and acknowledges that Lincolnshire County Council shall arrange for flood resilience surveys and applicable works to be undertaken to the Owners property subject to the Owner undertaking the obligations contained herein.
  • 1.2 The Owner agrees to allow an employee of Lincolnshire County Council to attend upon their Property to discuss and/or inspect property flood resilience. The Owner understands that such information provided by the employee does not amount to expert advice and that Lincolnshire County Council shall not be liable if any such outcome of discussions or if advice is relied upon.
  • 1.3 The Owner gives permission to Lincolnshire County Council to provide his/her/their details to relevant contractors and/or agents who will undertake such flood resilience surveys and works on behalf of Lincolnshire County Council.
  • 1.4 The Owner agrees and acknowledges that Lincolnshire County Council shall pay their Contractor for any approved flood resilience surveys undertaken on the Owners property and are only liable to pay up to £5,000.00 in relation to any resulting Works. The Owner shall enter into a separate agreement with the Contractor who is undertaking the flood resilience works for payment of any monies over and above £5,000.00 in relation to the Works, and agrees to pay such monies directly to the Contractor in accordance with any such agreement. Lincolnshire County Council shall not become liable for the Owners additional pay monies.
  • 1.5 The Owner shall permit reasonable access to their residence and assistance to contractors acting on behalf of Lincolnshire County Council to undertake reasonable investigation, surveys and works in relation to flood resilience.
  • 1.6 Upon completion of the flood improvement works, the Owner shall be wholly responsible for ensuring that the measures installed are properly maintained, refurbished and/or replaced as necessary, remain effective and in accordance with product guidance, and shall meet any associated costs required and holds Lincolnshire County Council and their contractors/agents harmless against any such costs.
  • 1.7 The Owner accepts and acknowledges that the flood resilience surveys and works are not intended to stop their property from becoming flooded in its entirety, but are to assist in reducing the level and extent of flooding which may occur to the property. Lincolnshire County Council does not warrant that the installation is not fit for any intended purpose.
  • 1.8 In the event that there is an issue with any of the flood resilience works, the Owner agrees to go directly to the Contractor or agent of Lincolnshire County Council who installed the same.
  • 1.9 The property flood resilience measures installed are considered an integral part of the fabric of the property and therefore will be treated as such in the event of the property being sold to new owners. The Owner shall not do anything to stop the entirety of the flood resilience works from passing to new owners in the event of a sale.
  • 1.10 Where the property flood resilience measures require prior action by the Owner to enable their effectiveness, the Owner will make every effort to ensure these enabling actions are carried out prior to flood water threatening the property.
  • 1.11 If not already done so, the Owner will subscribe to the Environment Agency’s “Floodline” flood warning scheme, to be able to receive relevant flood warning information to assist the timely enabling actions as described in Clause 1.10 above.
  • 1.12 The Owner will develop a personal flood plan that incorporates the deployment of PFR measures where required (following the guidance provided in the Handover Pack), and will activate the plan in the event of becoming aware of the potential for flooding to the property, for example by receiving a flood warning from the Government's flood warning service.
  • 1.13 The Owner will record any operation of the PFR measures and all PFR maintenance work, and the information will be retained and kept securely as an appendage to the PFR Handover Pack, all of which will be made available to Lincolnshire County Council if required.

2.  Lincolnshire County Council Obligations

  • 2.1 Following the Owners written application for property flood resilience assistance, and Lincolnshire County Council’s written acceptance of eligibility for consideration, Lincolnshire County Council shall engage with a Contractor in order to undertake a flood hazard assessment and a property survey, and obtain an accurate estimate of the installation methodology and the cost of the property flood resilience works that may be required to be carried out.
  • 2.3 Lincolnshire County Council and/or agents and Contractors shall keep the Owner fully informed and consulted on any proposals for property flood resilience works to be carried out in their residence and shall not order the construction of any Works without the Owners written consent.
  • 2.4 Lincolnshire County Council warrants and represents to the best of its knowledge and belief that:
    • 2.4.1 it has full capacity and has taken all steps and obtained all approvals to enable it to lawfully enter into and to perform each of its obligations under this Agreement;
    • 2.4.2 it will carry out the flood property level resilience works with reasonable care and skill and in accordance with generally recognised industry practices and standards;
    • 2.4.3 it will use reasonable endeavours to ensure the that the delivery of the property flood resilience works does not unreasonably disrupt the Owner;
  •  2.5 Upon completion of the works, the Contractor, or any other such agent acting on behalf of Lincolnshire County Council, shall issue the Owner with a Confirmation of Completion and Owner Satisfaction Form for the Owner to sign.
  • 2.6 Lincolnshire County Council shall procure any warranties for the installations from the Contractor who undertakes the works to the Owners property and ensure that such warranties are to the benefit of the Owner.
  • 2.7 For the purposes of clause 2.5 above, as a minimum the Confirmation of Completion and Owner Satisfaction Form shall verify the satisfactory quality of the property flood resilience works carried out.
  • 2.8 Lincolnshire County Council will use the information collected through this form to assess and process your application for flood resilience surveys/work for your property.

As well as the information provided by you, we may also collect relevant information obtained from any previous flooding investigations. Your information is only shared with third parties where necessary and where the law allows it. Your information may be shared with Contractors and agents of Lincolnshire County Council and/or other public authorities for the purposes of the completion of such flood resilience surveys and works and for detecting and preventing fraud and/or misrepresentation.

Your information shall be processed in accordance with Data protection Act 2018 and the UK General Data Protection Regulation and shall only be stored for as long as necessary. To find out more information on how your data is processed and your rights, please see the privacy notice directory. A hard copy version may be made available on request.

3. Indemnity

  • 3.1 Lincolnshire County Council shall not be responsible or be obliged to indemnify the Owner for any injury, loss, damage, costs and expense caused by the negligence or wilful misconduct of the Owner or by a breach of the Owner of its obligations under this Agreement.
  • 3.2 In the event that the Owner does not comply with their obligations under this Agreement, Lincolnshire County Council shall retract its offer of assistance and such flood resilience surveys and works shall not go ahead.