Good afternoon readers today I am going to talk about contaminated land and how you can find out whether the property you own or are proposing to purchase is on or near to land that has an adverse environmental footprint. So as with my post yesterday I will set out the perceived issues and how they can be resolved.
The Problem- HOMEBUYERS are often unaware that although the house they purchase may be in good condition the land upon which it is built may not be. This is something the usual searches will not uncover. The local search will not reveal any landfill sites waste disposal dumps or whether the land is at risk from contamination, toxic emissions flooding subsidence or radioactivity. It has been found that there are over 250,000 sites, which have been filled, and that there are over 400,000 industrial sites, which are no longer in existence, which may have contaminated land. Many of these sites may have already been built on to provide housing. Landfill waste disposal and old industrial land are known as “brownfield” sites. The principle caveat emptor “the buyer beware” applies and if you purchase land that is contaminated you may be liable to pay for the clean-up costs of the pollution created by former owners.
Why an environmental report-The government has declared that 60% of all new houses to be built over the next decade must be built on brownfield sites (thousands already have been). Records exist that there are over 25,000 landfill or waste disposal sites and approximately 40,000 contaminating/polluting processes including discharges and storage of hazardous substances. It is estimated that 1% of all land in Britain is contaminated with pollutants. These are serious enough to warrant enquiry by anyone buying a new home particularly as there are increasing health and safety concerns associated with living on or near landfill sites or sources of contamination. If you purchase a property (without checking the environmental issues) that is contaminated it will prove very difficult to sell and you may also find that you will have to pay for the clean up costs of the land.
THE SOLUTION- As a result of increased computerisation it is now possible to obtain details of the present and historical land use for properties in England and Wales. The environmental report provides site-specific data on environmental issues affecting residential property. The report contains information obtained from the Environment Agency Coal Board DETR Ordinance Survey and other data providers. It will provide information on whether the property you are intending to buy has been built on former landfill sites, waste sites or industrial or unstable land. It will also provide a risk assessment as to nearby sites that may release contamination and whether the land is an area affected by Radon gas, flooding landslip coal mining or subsidence. The report covers an area within a 500 metre radius of the property.
We strongly advise you to have an environmental search and if you ignore this advice you do so at your own risk since it is intended to safeguard you and protect your enjoyment and investment in the property you are intending to purchase.
If you choose not to have an environmental report against the advice of a specialist property lawyer then you also accept that the risk of proceeding without such a report is yours and may result in you having difficulty in selling the property in the future and/or or being liable for the clean up costs of the land.
The cost of your peace of mind is nominal compared to the cost of cleanup or having a blighted property and this type of enquiry is now strongly recommended.
In my next post I will cover other relevant conveyancing issues which have caused problems for sellers and buyers of UK Property because they have not received the correct advice at the appropriate time in the buying and selling process.
Reg