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Environmental Reports

Land in England & Wales has a legacy of contaminants in the soil arising from England’s rich industrial heritage.

Environmental search reports identify whether land property is built on falls under the contaminated land regime as governed by Part 2A of the Environmental Protection Act 1990. The legislation outlines a risk based approach to land which may have a legacy of contaminants in the soil. While most soil contains contaminants, the level of risk is usually very low. Land is only treated as contaminated land for legal purposes if there is an unacceptable level of risk.

Identification

All residential, commercial, industrial and agricultural land falls under the regime, as do ‘controlled waters’, that is, surface, ground and coastal waters. Unacceptable levels of risk exist where there is a ‘significant contaminant linkage’, consisting of a significant contaminant, a pathway, and a receptor.significant potential of significant harm to human health

For more information click to view the Contaminated Land Statutory Guidance 2012

Liability & Remediation

Liability falls with the person or entity who has contaminated the land in the first instance; unfortunately in many cases the contaminant activity occurred a long time ago and the person or entity has died or gone out of business. In such instances the liability falls to the current land owner. In most cases remediation involved physically removing the contaminated soil by dredging the land.

One of the most high profile cases of contaminated land was Blanefield in Stirlingshire, where a 19th century printing plant had left contaminants in the soil where a new development had been built in 1950’s. Subsequent investigations revealed a significant potential of significant harm to human health (SPOSH) resulting in a combined remediation cost of £663,000 to be split between the local residential affected.

Conveyancing Reports

Environmental search reports identify whether contaminated land affects the property. In conjunction with Groundsure, Landmark Information Group and Argyll Environmental, ETSOS offer the full range of site specific environmental risk information including current & historical land-use. If an unacceptable level of risk is identified, and the land is deemed to be contaminated land under Part 2A, a report provides your client with upto £60,000 excess-free remediation contribution.

ETSOS offer a range of reports suitable to investigate the likely effect of contaminated land on your client’s property purchase. Click below to register for more information.

Register for more information

 

Verification

The ETSOS quote and referral system is a free useful tool in keeping conveyancing work where it belongs: i.e. on the local high street! It is an essential way to prepare for the inevitable onslaught of Tesco law Gary Rycroft – Partner, Joseph A Jones & Co Solicitors

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