An interesting article recently published on Lawspot on watercourses and building permits highlights an issue that is often underestimated in property due diligence: proximity to a stream or watercourse may significantly affect not only whether a property can be built on, but also its overall development potential.
The existence of a watercourse is not determined solely by whether water is visibly flowing throughout the year. A natural streambed or seasonal flow may also fall within a specific planning and environmental protection regime. For that reason, before any construction or investment decision is made, it is important to establish whether a watercourse exists, whether it has been formally delineated, and which setback requirements or additional approvals may apply.
Particular caution is required where no formal delineation has yet taken place. The absence of an administrative delineation act does not mean that the issue can be ignored. On the contrary, it may lead to a more complex planning review, the need for additional technical studies and possible delays in obtaining a building permit.
The same applies where older structures are situated close to or within the natural streambed. The age of a building, or the fact that it has remained unchallenged for many years, does not in itself guarantee that there is no planning issue. The matter may arise again in connection with a new permit, an extension, a change of use or even during a property transfer.
Watercourse protection is also directly connected with flood-risk management. Works that restrict the natural channel or alter water flow may create serious safety concerns and may therefore trigger stricter administrative and planning scrutiny.
Accordingly, before purchasing land —and especially before making a substantial investment— legal title due diligence should be combined with a comprehensive technical and planning review. The existence of, or proximity to, a watercourse may affect building siting, mandatory setbacks, permit eligibility and, ultimately, the entire economic potential of the property.