Contaminated land meaning

It is important to establish whether or not the land is or may be contaminated: to comply with the Law Society’s practice note on contaminated land—see Practice Note: Land contamination—Law Society practice note on contaminated land; because it could present a risk to human health; and because a buyer may face a statutory requirement to remediate under the Environmental Protection Act 1990, Pt IIA. While Pt IIA is intended as a last-resort mechanism (with remediation far more often secured through planning conditions when contaminated land is brought forward for (re)development), if liability under Pt IIA is imposed the cost of necessary clean-up can be very significant. The Law Society’s practice note advises that, when acting for a buyer, mortgagee or tenant, a solicitor should—unless instructed otherwise—undertake a CON 29 ‘Enquiries of local authority’ and an LLC1 ‘Requisition for local land charges search’ to establish whether the local authority has designated the land as contaminated. The acting solicitor should also ensure that...

Is land contamination an issue? According to the Law Society’s practice note on contaminated land, solicitors ought to assess potential contamination in every conveyancing matter they handle. It explains that, while only a minority of deals will be materially affected, practitioners must remain alert to possible environmental liabilities and think carefully about the enquiries and specialist support their clients might need—see Practice Note: Land contamination—Law Society practice note on contaminated land. Notably, the note summarises the contaminated land framework set out in Part IIA of the Environmental Protection Act 1990 (EPA 1990), including a concise explanation of who bears responsibility for remediation of contaminated land. Beyond clean-up obligations imposed under the EPA 1990, Pt IIA, contamination can also give rise to the following liabilities: clean-up duties under other regulatory schemes, eg environmental damage, works notices, or environmental permitting regimes civil claims, eg nuisance, negligence, or breach of contract criminal exposure, eg non-compliance with a remediation notice Refer to Practice Note: Environmental...

Does a seller need to disclose land contamination to a buyer? If the seller knows the land is contaminated, there is no obligation to reveal this to a purchaser; the principle of ‘buyer beware’ applies. However, when responding to CPSE enquiries, the seller must avoid any misleading statements. 16.4 Please provide (so far as the Seller is aware) details of: (a) historic and current uses of the Property and activities undertaken there; and (b) whether any hazardous substances, or contaminative or potentially contaminative materials, are in, on or beneath the Property, including asbestos or asbestos-containing materials, any known waste deposits, present or former storage areas for hazardous or radioactive substances, existing or previous storage tanks (above or below ground), and any parts of the Property that are or were landfill. A seller will typically seek the benefit of the ‘sold with information’ statutory exclusion and authorise the buyer to carry out its own site investigations. A typical response would be: ‘the buyer may undertake its own investigations...

In this issue: Planning Social housing Children’s social care Education Judicial review Environmental law and climate change Public procurement Governance Social care Daily and weekly news alerts New and updated content Planning Modernising planning committees—proposed reforms and implications On 28 May 2025, the Ministry of Housing, Communities and Local Government (MHCLG) opened a technical consultation on changes to planning committees in England, which runs until 23 July 2025. Sitting within implementation of the Planning and Infrastructure Bill, the measures are designed to update how planning choices are made. The package is intended to improve the efficiency, reliability and calibre of decisions nationwide. Through consistent delegation, streamlined committee arrangements, compulsory training and sharper performance measures, government intends to deliver a more agile planning service that underpins sustainable development and boosts economic growth. See News Analysis: Modernising planning committees—proposed reforms and implications. Planning reform working paper—reforming site thresholds The government has issued...

On 17 April 2024, JCT released the 2024 versions of its Design and Build Contract, together with the Design and Build Sub-Contract Agreement and Conditions, plus accompanying guides. Subsequently, on 15 May 2024, the 2024 iterations appeared for the Minor Works suite, namely the Minor Works Building Contract, the Minor Works Building Contract with contractor’s design, the Minor Works Sub-Contract with sub-contractor’s design, the Short Form of Sub-Contract and the Sub-subcontract. Thereafter, on 10 July 2024, JCT issued the Intermediate Building Contract with contractor’s design, the Intermediate Building Contract, the Intermediate Sub-Contract and the Intermediate Sub-Contract with sub-contractor’s design. In this analysis, David Bebb, partner at Fenwick Elliott LLP, Gemma Irving, principal associate and professional support lawyer at Eversheds Sutherland (International) LLP, and Lauren Morrison, senior associate at Herbert Smith Freehills, review the amendments and discuss how the latest editions may influence the construction sector. Overall, what do you think the advancements are in the 2024 contracts that the JCT has got correct? David Bebb: The...

In this issue: Brexit highlights Brexit SIs Post-Brexit transition guidance Constitutional and administrative law Judicial Review Equality and Human Rights Public procurement State security and intelligence Information Law Subsidy control and State aid Other Public law news Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Brexit highlights The Foreign, Commonwealth & Development Office (FCDO) confirmed that the UK, the European Commission and Spain have reached a political accord on core elements of Gibraltar’s post‑Brexit arrangements. The deal introduces dual controls at Gibraltar’s ports: Spain will undertake Schengen checks, while UK and Gibraltar authorities retain existing controls, and all checks between Gibraltar and La Línea will be lifted. It also establishes a customs union between Gibraltar and the EU, removes physical barriers at the Spain–Gibraltar border, and sets out commitments on state aid, taxation, labour standards and environmental protection. Each side...

Consequences of non-compliance If any requirement in a remediation notice remains unmet, the enforcing authority will need to decide whether to: prosecute commence civil proceedings carry out the remediation work itself Prosecution for non-compliance Offence Failing, without reasonable excuse, to comply with any requirement in a remediation notice is an offence. A person may therefore be prosecuted even where there has only been partial compliance with the notice. Whether someone has a reasonable excuse for non-compliance is a question of fact to be determined by the specific circumstances of the case...

Water pollution Polluted water can kill fish and other aquatic life, harm habitats, threaten drinking supplies, lower water quality and foul beaches. Many kinds of contaminant can enter waters—chemicals, microplastics, petrol, oils and fats, ammonia in sewage, mine waste, nitrates from farming and solid waste. Definitions of water ‘Controlled waters’ Relevant territorial waters (seawater to three nautical miles) Coastal waters (eg tidal waters) Inland freshwaters (rivers, streams, watercourses, lakes and ponds) Groundwaters (water stored in rock layers beneath soil) Section 104 of the Water Resources Act 1991 (WRA 1991) ‘Surface water’ Inland waters (all standing or flowing surface water, except groundwater) Transitional waters (partly saline estuaries substantially influenced by freshwater flows) Coastal waters (water up to one mile seaward) The Water Environment (Water Framework Directive) (England and Wales) Regulations 2017, SI 2017/407, Sch 1 ‘Groundwater’ — all water below the ground surface...

What is land remediation relief? (LRR) LRR provides corporation tax relief on expenditure incurred in remediating contaminated land or in bringing derelict sites back into use. In 2009, the regime was broadened to address market failure by returning long-term derelict land to use, bringing such sites back into use. An incentive applies where land, whose development has been affected by various kinds of continuing dereliction, is brought back into productive use. The extension was intended to correct market failure by encouraging activity on sites blighted by ongoing dereliction. The relief was at risk of being discontinued after 2012; however, the 2012 Budget confirmed it would continue. The October 2024 HM Treasury Corporate Tax Roadmap, published alongside Autumn Budget 2024, notes the new Labour government’s commitment to a brownfield-first approach, prioritising the development of previously used land wherever possible. Given the time since the last review of LRR, and the potential for it to help progress the government’s objectives, the Roadmap announced that a consultation would be launched to...

1 Definitions Within this clause [ 1 ] the following meanings apply: Contaminated Land Regime • Part IIA of the Environmental Protection Act 1990, as amended from time to time, and the Statutory Guidance Contamination • the existence or build-up of any Hazardous Substances at, in, on or under the Property [ at or prior to the Completion Date ] [ at any time whether before or after the Completion Date ] Environment • any or all of the following media, namely air, land, water (including surface water and groundwater) and any living organisms (including man) or systems sustained by those media Environmental Law • all applicable laws, statutes, secondary legislation, common law, directives, regulations, codes of practice and guidance notes that have legal effect [ and are in force at the Completion Date ] in ...

1 Definitions Contamination – the presence or build-up of any Hazardous Substances at, in, on, under or around the Premises. Environment – all or any of the following media, namely air (including the air within buildings and the air within other natural or man-made structures above or below ground), land and water (including surface water and groundwater) and any ecological systems or living organisms (including humans) supported by those media. Environmental Information – [ list any environmental reports that have been provided to the Tenant (eg desktops, phase one reports, phase two reports, validation reports, geotechnical)... ]

Position where the contract for sale is silent in relation to environmental liabilities If a land sale contract says nothing about environmental liabilities, allocation of responsibility turns on various factors, including the nature of the liability, who caused or knowingly permitted the issue, and when it took place, depending on the circumstances in which it occurred. By way of illustration, there are several liability regimes for land contamination, including liability for contaminated land under Part IIA of the Environmental Protection Act 1990 (EPA 1990) (see Practice Note: Land contamination—potential liabilities). Under EPA 1990, Part IIA, liability is both strict and retrospective. Class A persons, namely those who cause or knowingly permit the contamination, will be liable...