Powered by Lexis+®
Jurisdiction(s):
United Kingdom
CASE STUDY

“Although cost was an important factor, our relationship with LexisNexis, their responsiveness, flexibility, and the integration available with other products were key factors.”

Irwin Mitchell

Access all documents on Contaminated Land Warning Card

Contaminated Land Warning Card meaning

What does Contaminated Land Warning Card mean?
In practice, a contaminated land warning Card is law Society (England and Wales) guidance that reminds conveyancers to assess potential land contamination in every property transaction. It is not a statutory or case-law term; rather, a practitioner label from the Law Society’s “warning card” risk resources. The card highlights risks under the contaminated land regime (Part 2A Environmental Protection Act 1990 and statutory guidance), planning and building control, private law claims, and contractual allocation. It prompts steps such as screening site history, commissioning environmental searches and reports (including Phase 1/Phase 2 assessments), raising enquiries, advising on UK Finance Mortgage Lenders’ Handbook requirements, and managing risk through contract wording, warranties, indemnities and environmental insurance. Although the “warning card” title is specific to England and Wales, the underlying best practice is broadly consistent across Scotland (Part IIA EPA 1990 as adapted), Northern Ireland and Ireland (using local environmental and waste legislation and guidance). Its practical significance is risk management: early identification of potential contamination, remediation or regulatory action, lender concerns and property value impacts, and avoidance of professional negligence exposure in conveyancing, real estate finance, development and agricultural deals.
Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.

View the related Practice Notes about Contaminated Land Warning Card

PRACTICE NOTES
Contaminated Land in Transactions: Law Society Guidance on Searches, Liability, Risk Allocation, Insurance and Remediation for Buyers, Sellers, Tenants, Landlords and Lenders (England and Wales)

In 2020, the Law Society published a revised practice note on contaminated land. That Law Society note superseded the 2016 iteration of the practice note. Earlier, the version issued on 18 December 2014 had taken the place of the Society’s former green card warning on contaminated land. What does the practice note cover? The note outlines the Law Society’s view of sound practice in relation to contaminated land for solicitors involved in property transactions and related matters. It advises that practitioners should always assess whether contamination arises in every conveyancing matter, and flags that contamination can be a significant concern in certain transactions. For legal purposes, land is only treated as ‘contaminated land’ under Part IIA of the Environmental Protection Act 1990 (EPA 1990) where it presents an unacceptable level of risk and has been formally determined as such by the local authority. Land may still be physically contaminated even if it is not designated as ‘contaminated land’ within Part IIA for those purposes. ...

Read More Right Arrow