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...

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)

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Practice notes

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 That Law Society note superseded the 2016 iteration of the practice note.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.

For further detail on the definition, see the Practice Note: Contaminated land—definition of contaminated land...

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Web page updated on 21/05/2026

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