Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Land contamination definition

What does Land contamination mean? Land contamination describes the presence of pollutants, hazardous substances or waste in, on or under land that may present risks to human health, controlled waters, buildings or the wider environment, typically identified through environmental due diligence, Phase 1/Phase 2 site investigation and risk assessment. It is a descriptive expression used in planning, environmental liability and transactional contexts, rather than a term defined in legislation or case law. The expression is broader than the statutory concept of “contaminated land”: in England and Wales and in Scotland that defined term arises under Part 2A of the Environmental Protection Act 1990 (with associated...

Construction on contaminated land: planning remediation, Part IIA liabilities (Test 6), off-site migration, contractual allocation, insurance and delay risks (England and Wales)

Published by a LexisNexis Environment expert

Practice notes

Managing Contaminated land Liabilities is an important consideration in construction projects

Liabilities for Land contamination commonly emerge within the planning framework and the Contaminated Land Regime contained in Part IIA of the Environmental Protection Act 1990 (EPA 1990). Remediation via the planning route: across England and Wales, most contamination matters are addressed through the planning system. To make sure a site is fit for its proposed use, and to avoid unacceptable pollution risk, the effects of contamination on a scheme should be examined through planning so far as they are not dealt with by other regimes, including the EPA 1990, Pt IIA, the Building Regulations and environmental permits (see: Environmental permits and exemptions—overview). Before permission is issued, the developer together with an environmental consultant ought to evaluate the potential contamination risks. Applicants are advised to liaise early with the local planning authority and their environmental consultant, especially where land has been determined as contaminated land under the EPA 1990, Pt IIA, to agree the scope of assessment required to support the application and to identify matters that must be taken into account in the design of the development. This approach aligns remediation with planning and other applicable regimes in practice...

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Web page updated on 21/05/2026

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